Warranty minimum 2 years on all consumer goods EU Directive 1999/44/EC

Equaliser123

George_Michael wrote: »

You might not agree, but that doesn't mean you are correct.
The EU directive in question clearly states that each country must bring into force a law to implement the directive.
Nowhere in the directive does it state that it is a law in its own right.

Sheesh.

I think I am correct. Constitutional and Administrative Law was a mandatory subject for my Bachelor of Laws Degree.

Have a look at Grad v Finanzamt Traunstein and the whole load of cases related to direct applicability and effect.

bod1467

Relevant to this specific directive?

George_Michael

Equaliser123 wrote: »

Have a look at Grad v Finanzamt Traunstein and the whole load of cases related to direct applicability and effect.

I looked and found this

http://fds.oup.com/www.oup.com/pdf/13/9780199289219.pdf

Because directives are designed to allow states to implement them in their own way, it follows that they will not have direct effect during the implementation period. Once they have been implemented by a particular member State, they will have full effect in accordance with the implementing legislation of that state. If the member State fails to implement a directive by the implementation date, however, it will become directly effective, and may be relied on by individuals and companies in a domestic court (provided that they comply with the van Gend en Loos conditions).

Therefore an EU directive can only be used to bring a legal case if the country in which the action is taking place has failed to implement the directive.

Steve_Holl

I'm having a battle with our mobile phone line supplier. We took out a 2yr contract on 2nd April 2011, we are on the 3rd faulty phone now and they said its warranty has expired. However the 2 warranty is with the mobile phone manufacturer, and we have to contact the manufacturer.
Surely they should be supplying goods fit for the 2yr contact and replacing them as per the EU directive, if faulty. They should sort out the faulty goods issue with the phone manfacturer themselves?

If I got a tv from Curry's I dont have to go direct to the manufacturer, I go to Curry's. Or is this different for the mobile companies?

Has anyone got any advice on my rights here?

Thanks in advance

Esqui

If the phone has a 2 year manufacturer's warranty, just contact them. It will be a lot less hassle, and the quickest way to ensure you get your phone back fixed.

Equaliser123

George_Michael wrote: »

I looked and found this

http://fds.oup.com/www.oup.com/pdf/13/9780199289219.pdf

Therefore an EU directive can only be used to bring a legal case if the country in which the action is taking place has failed to implement the directive.

Exactly! So it is a European law which pursuant to the European Communities Act 1972 is required to be implemented in the member states. Just like decisions of the EU Council, ECJ, etc.

Either that or the writers of all of the C&A law books in the UK and all of the lecturers are wrong.

CoolHotCold

Can we let this rest, It's been brought up many times in the past and will be brought up in the future.

The EU 2 year rule is not applicable due to consumer protection already giving more rights than the minimum required by the EU.

Equaliser123

CoolHotCold wrote: »

Can we let this rest, It's been brought up many times in the past and will be brought up in the future.

The EU 2 year rule is not applicable due to consumer protection already giving more rights than the minimum required by the EU.

Not actually the same point which is being discussed...

CoolHotCold

http://www.parliament.uk/Templates/BriefingPapers/Pages/BPPdfDownload.aspx?bp-id=SN02239

2 Is there an EU-wide two year consumer guarantee?
Many people are mistaken in thinking that the purpose of Directive 1999/44/EC, ‘On certain aspects of the sale of consumer goods and associated guarantees’, is to give consumers a minimum two years guarantee for all goods. In fact, this EU Directive, implemented in the UK by the Sale and Supply of Goods to Consumers Regulations 2002, has added little to already existing UK consumer protection law under the SGA 1979.
5
Under this Directive, all Member States have to ensure that “a retailer could be held liable for all 'non-conformities' (i.e. defects) which manifest in the good within two years from delivery”. However, this requirement is not a two-year legal guarantee (although, rather confusingly, the Directive’s title describes it as such); goods are not legally required to last for two years. It simply provides that consumer goods must conform to the sales contract at the time of delivery. If a consumer can show that the goods did not do so, they will be entitled to repair or replacement of the goods free of charge. If this would be disproportionate or unreasonable to expect from the retailer, the consumer will be entitled to a reduction in price or a refund. These consumer rights are available for up to two years following purchase. If the defect becomes apparent within the first six months of purchase, it will be presumed to have existed at the time of delivery, otherwise this will be for the consumer to prove.
However, as mentioned above, the Directive adds little to UK consumer protection law. The SGA 1979 already provides the same legal rights to consumers to return faulty goods but for a period of up to six years after purchase - a much longer period therefore than provided for by the EU Directive. As a result, consumers should still rely on the SGA 1979 when returning faulty goods.

So while it looks you could use the EU directive, the SoGA encompasses everything the EU directive gives plus more consumer protection. Hence EU directive is not applicable.

mynameistallulah

Equaliser123 wrote: »

Exactly! So it is a European law which pursuant to the European Communities Act 1972 is required to be implemented in the member states. Just like decisions of the EU Council, ECJ, etc.

Either that or the writers of all of the C&A law books in the UK and all of the lecturers are wrong.

I agree, and the quotes others are giving in disagreement do not state that Directives are not law, but rather than they are EU law rather than domestic law. Nonetheless, they are still "law".