Volume 2023 : 1
Case Airhelp Ltd v. Scandinavian Airlines System (SAS) Denmark–Norway–Sweden (C-28/20): Reasserting its consumer credentials: The European Union’s Court of Justice declares trade union-led strikes to fall outside the scope of the defence of “extraordinary circumstances”
The national rules on hidden defects and European consumer law: marriage or divorce?
Consumer participation under Better Regulation Agenda: the case of Consumer Credit Directive
Is all gold that glitters? The EU Commission Proposal on empowering consumers for the green transition
Circular supply chains – where the need for coordination meets competition law?
The sword in the stone: the potential of data subject rights of the General Data Protection Regulation
A new Consumer Rights Act for Ireland – Comprehensive reform and a closer alignment with European Consumer Law principles
How to protect information about our mental states? A few remarks on processing of mental data under the GDPR
EU consumer information as a tool to regulate the treatment of farm animals: potential and limits
Environmental sustainability and consumer relations between administrative and judicial remedies
Food and nutrition education in school as a means for raising awareness among young food consumers: a brief legal overview
EU consumer law meets digital twins
Case Airhelp Ltd v. Scandinavian Airlines System (SAS) Denmark–Norway–Sweden (C-28/20): Reasserting its consumer credentials: The European Union’s Court of Justice declares trade union-led strikes to fall outside the scope of the defence of “extraordinary circumstances”
The national rules on hidden defects and European consumer law: marriage or divorce?
Consumer participation under Better Regulation Agenda: the case of Consumer Credit Directive
Is all gold that glitters? The EU Commission Proposal on empowering consumers for the green transition
Circular supply chains – where the need for coordination meets competition law?
The sword in the stone: the potential of data subject rights of the General Data Protection Regulation
A new Consumer Rights Act for Ireland – Comprehensive reform and a closer alignment with European Consumer Law principles
How to protect information about our mental states? A few remarks on processing of mental data under the GDPR
EU consumer information as a tool to regulate the treatment of farm animals: potential and limits
Environmental sustainability and consumer relations between administrative and judicial remedies
Food and nutrition education in school as a means for raising awareness among young food consumers: a brief legal overview
EU consumer law meets digital twins
Year
2023
Volume
2023
Number
1
Page
19
Language
English
Court
Reference
N. CARETTE en T. VERHOFSTEDE, “The national rules on hidden defects and European consumer law: marriage or divorce?”, REDC 2023, nr. 1, 19-29
Recapitulation
One of the most significant innovations of Directive 2019/771 on consumer sales law and Directive 2019/770 on the supply of digital content and digital services is the transcendence towards a level of maximum harmonisation. The European Commission, pursuing this ideal to establish a perfect internal market, had to make compromises. These compromises take the form of exceptions to the general rule of maximum harmonisation. One of the main exceptions is the explicit allowance in Article 3 (7) of Directive 2019/771 to maintain national legislation granting specific remedies for hidden defects together with the European consumer sales law. To what extent have the Member States exploited this exception, thereby weakening the realisation of the ideal internal market? Furthermore, Directive 2019/770 does not provide a similar exception. It appears that the absence thereof was not exactly the intention of the legislator nor the Member States. An examination of the implementation by some Member States (Belgium, France, Germany and the Netherlands) illuminates both the remaining divergence of legal remedies and the discomfort arising from the absence of an exception in Directive 2019/770.
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