Up to 6 years Warranty on electrical goods!

Helen_J_3

jdturk wrote: »

Helen_J wrote: »

It may be less powerful in terms of duration but it is more powerful in all other interpretations of the legislation. EU law is supreme and binding on all member states and this is what will be argued by many retailers/manufacturers trying to escape paying for faulty goods.

QUOTE]


its a directive, not a law, the SOGA is seen as superior

savemoney wrote: »

The EU directive is built into SOGA, so no need for EU directive as its much weaker than SOGA

I fully know how SOGA I have already used it and taken court action to get compliance

Like I said before, national laws are not superior to EU legislation. This includes regulations and directives. Directives are binding on all Member States to which they are addressed. If the State does not comply with a Directive then the national law will be interpreted in line with the EU Directive. If this cannot be done then the state may find itself liable to individual that has been aggrieved through the Member State's failure to properly comply with EU law.

In no way is a Directive ever 'weaker' than a national law.

Lube

Helen the EU is just a directive it is the basic. The SOGA is superior to EU of course it is weaker EU only give up to 2 years the SOGA is up to 6 if that isnt weaker then please enlighten me

dmg24

Helen_J, I am sure that you are trying to be helpful, but you clearly do not understand the information that you are dealing with (and appear to have copy and pasted most of it). Please refer to bingo bango's post for an excellent explanation as to how Directives fit into the UK legal system.

roger196

Even High Court judges prefer to rely on EU directives rather than domestic legislation where the latter has failed to implement up to the standard of the former. The following is taken from the field of VAT.
Cssrs of C&E v Robert Polok Feb 2002High Court [2002]EWHC 156
THE HON MR JUSTICE JACOB
The legislation
8. The issue is governed by the Sixth Directive of 17th May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes (17/288/EEC). So there is no point in looking at our implementing domestic legislation (the Value Added Tax 1994). I go to Recital 4 of the Directive:
Find case at www.hmcourts-service.gov.uk/.../Customs_Excise_v_Polok.htm

SOGA is much weaker than Directive 1999/44 in that SOGA fails to provide a minimum period of guarantee.

Antispam

I have been in touch with EU about this very subject from a previous problem

The EU directive is indeed fitted into the SOGA, Trading standards also conform this. They also confirmed the best course of action is SOGA I took Currys to court of this last Summer and I got a repair and compensation due to a inherent fault

Helen please dont give false inaccurate advice however well meaning

dmg24

roger196 wrote: »

Even High Court judges prefer to rely on EU directives rather than domestic legislation where the latter has failed to implement up to the standard of the former. The following is taken from the field of VAT.
Cssrs of C&E v Robert Polok Feb 2002High Court [2002]EWHC 156
THE HON MR JUSTICE JACOB
The legislation
8. The issue is governed by the Sixth Directive of 17th May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes (17/288/EEC). So there is no point in looking at our implementing domestic legislation (the Value Added Tax 1994). I go to Recital 4 of the Directive:
Find case at www.hmcourts-service.gov.uk/.../Customs_Excise_v_Polok.htm

SOGA is much weaker than Directive 1999/44 in that SOGA fails to provide a minimum period of guarantee.

The Judge did not rely on the Directive, he used it as a means of interpretation in determining the true intention of the domestic legislation.

Here is the correct link to Polok. I do like this case, the topic is summed up in the first line by Jacob J:

Should procurers, pimps, panders, call them what you will, pay VAT?

I really think that someone should compile a book of classic quotes from our judiciary!

Helen_J_3

Lube wrote: »

Helen the EU is just a directive it is the basic. The SOGA is superior to EU of course it is weaker EU only give up to 2 years the SOGA is up to 6 if that isnt weaker then please enlighten me

The EU is just a Directive? right........
You have misread/ignored my first post, I accepted that the Directive does not give as much protection as the Directive in terms of its length of application. If you care to read back you'll see that.

dmg24 wrote: »

Helen_J, I am sure that you are trying to be helpful, but you clearly do not understand the information that you are dealing with (and appear to have copy and pasted most of it). Please refer to bingo bango's post for an excellent explanation as to how Directives fit into the UK legal system.

Copy and pasted? Don't make me laugh.
I know exactly how a directive 'fits' into the UK legal system, it seems most people on here don't. See below quote

Antispam wrote: »

I have been in touch with EU about this very subject from a previous problem

The EU directive is indeed fitted into the SOGA, Trading standards also conform this. They also confirmed the best course of action is SOGA I took Currys to court of this last Summer and I got a repair and compensation due to a inherent fault

Helen please dont give false inaccurate advice however well meaning

Tell me exactly which bit is false or inaccurate?

Some people on here seem to think that because they have used the SOGA that means it must override EU law? And then people say I don't know how it works.


When someone can show me where what I've said is inaccurate, wrong or false and then I'll believe that you lot actually know what you're talking about

Helen_J_3

dmg24 wrote: »

Helen_J, I am sure that you are trying to be helpful, but you clearly do not understand the information that you are dealing with (and appear to have copy and pasted most of it). Please refer to bingo bango's post for an excellent explanation as to how Directives fit into the UK legal system.

Lol no. I spent 4 months studying EU law and sat an exam in it 2 weeks ago. That is why I know it off by heart

gordikin

Helen_J wrote: »

T....I accepted that the Directive does not give as much protection as the Directive....

Calm down you're confusing yourself!

Tozer

jdturk wrote: »

[

its a directive, not a law, the SOGA is seen as superior

That's a bit simplistic. As DMG rightly points out, directives can be and are used to interpret domestic legislation.

Whilst Directives have "indirect" effect, there are some circumstances in which they can be directly applicable.

In the event of conflict between EU and domestic legislation, then (unfortunately!) EU law prevails. To that extent, if a Judge thought that the particular directive was not fully implemented in the SOGA, then it is likely he would interpret SOGA so as to give effect to the directive - even if this meant bending the legislation considerably.

All of that said, I don't think SOGA is deficient.