To encourage consumer response to recalls it is also important that the action required from consumers be as simple as possible and that the remedies offered be effective, cost-free and timely. Directive (EU) 2019/771 of the European Parliament and of the Council1 provides consumers with the contractual remedies for a lack of conformity of physical goods that existed at the time of delivery and became apparent within the liability period laid down by the Member States in accordance with Article 10(3) of that Directive. Article 14 of Directive (EU) 2019/770 of the European Parliament and of the Council2 also applies in terms of the tangible medium, such as DVDs, CDs, USB sticks and memory cards, used to carry a digital content. However, situations where dangerous products are recalled from the market justify having a specific set of rules that should be applied without prejudice to contractual remedies because their objectives are different. Whereas contractual remedies serve the purpose of remedying the lack of conformity of the goods with the contract, the remedies in the event of a recall serve both to ensure elimination of dangerous products from the market and an adequate remedy for the consumer. As a consequence, there are major differences between the two sets of potential remedies: firstly, in the event of a product recall under this Regulation, there should be no time limitation to activate the remedies; secondly, the consumer should be entitled to request remedies from the relevant economic operator, not necessarily from the trader. Moreover, in the event of a recall, the consumer should not have to prove that the product is dangerous.
- Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28). ↩︎
- Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). ↩︎