On Friday 7 December, the Justice Council endorsed the political agreement in principle, on contracts for the sale of goods (see EUROPE 12153) defined on Wednesday by the Member States' ambassadors to the European Union (Coreper).
This agreement paves the way for an interinstitutional political agreement on an associated text related to the provision of digital content, perhaps as early as Wednesday 12 December (see EUROPE 12151).
"I have the impression that the text is acceptable to the European Parliament even if elements will have to be discussed here and there", said Austrian Justice Minister Josef Moser.
Ministers did not modify the compromise submitted by Coreper. The Directive will aim at maximum harmonisation of rules even if, for certain provisions, Member States may have stricter rules, in particular to provide greater consumer protection.
When purchasing goods, the legal guarantee period will be set at two years, as requested by the European Parliament (see EUROPE 11967). States wishing to do so may set a longer, but not a shorter, period.
In the event of alleged non-conformity of a good, it will be up to the seller to prove that its product is in conformity for a period of one year after delivery of the good. States wishing to do so may extend this period to two years.
This provision satisfies France and the European Consumer Bureau (BEUC), but it is criticised by the voice for retail and wholesale in Europe, EuroCommerce.
Goods incorporating digital content (e.g. digital televisions, mobile phones) will be covered by the Directive on the sale of goods and not by the Directive on digital services.
Belgium, Ireland and Italy have expressed concerns about the legal certainty that will surround the sale of this type of product.
This means that the software contained in the devices will have to be updated during the period of the legal guarantee and that consumers will have a right to repair or replace if the product is defective, BEUC welcomed this.
During the debate, the question of the hierarchy of remedies in the event of defective products was discussed. In particular, Poland criticised the hierarchy adopted, which places repair or replacement of the product before financial compensation and cancellation of the contract. (Original version in French by Mathieu Bion with Marion Fontana)