Consumer Sales Directive 1999/44/EC — The Impact on English Law

Abstract

English law already lays down a number of minimum quality standards for goods by the Sale of Goods Act 1979 which substantially resemble those found in the Directive 1999/44/EC. The more interesting developments concern the remedies available to purchasers of non-conforming goods. In particular, the Directive requires new legal rights to free repair or replacement, and may well require a purchaser's established right to reject goods to be more enduring than is now the case. Nonetheless, the Directive may be a double-edged sword in this respect. If the Directive's remedial regime is adopted with all of its limitations, the overall result could be a reduction of the rights of consumer buyers. Implementing the Directive will not be an easy task. In the short-term, a shortage of parliamentary time is likely to lead to implementation by Regulation in parallel to existing national rules. In the long-term, however, satisfactory consolidation of national and European rules governing consumer sales, and possible implementation of the UN Convention on the International Sale of Goods, will raise the question whether the UK should finally enact wholly separate consumer and commercial sales laws.