EU Directive 1999/44/EC Two-year warranty

wealdroam

Glynn.Alexander wrote: »

Firstly Wealdroam, the EU Directive exists and it says nothing about incorporating the substance, it is a directive in its own right that supercedes National law, maybe if you think it only means 'incorporating the substance' you could point out in the directive where it states that, otherwise I would say...

I think DoaM has answered that.
I've not quoted the gratuitous insult at the end of that sentence.

Glynn.Alexander wrote: »

Secondly, maybe instead of trying to insult people, you should check the facts for yourself, I have read the directive, that is how I know it says nothing about 'incorporating substance'. I would recommend you {Edited by Forum Team} read what I put above again...

Again, read DoaM's post.
And you are talking about me insulting people... hahaha.

Glynn.Alexander wrote: »

Despite retailer claims (as if they can be trusted to tell the truth), this means you can go to an EU court and win!

Yes you can go to a European Court, but I am not so sure on the 'win' bit.

Again I ask, how are you going to progress you issue with Currys?

Unknown

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shaun_from_Africa

Glynn.Alexander wrote: »

Enter EU Directive 1999/44/EC, this directive states 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.' there is no requirement for you to prove that the damage was caused by the manufacturer.

Have you actually read the directive rather than just newspaper interpretations of it?

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A31999L0044

The 2 year "warranty" you refer to is clearly stated as being a minimum 2 year period in which you can exercise your legal rights against the seller:

(17) Whereas it is appropriate to limit in time the period during which the seller is liable for any lack of conformity which exists at the time of delivery of the goods; whereas Member States may also provide for a limitation on the period during which consumers can exercise their rights, provided such a period does not expire within two years from the time of delivery; whereas where, under national legislation, the time when a limitation period starts is not the time of delivery of the goods, the total duration of the limitation period provided for by national law may not be shorter than two years from the time of delivery;

A minimum of 2 years to exercise your rights whereas in the UK we have 6 years.

The onus of proof for showing that disproving that faults existed at the time of purchase is only only 6 months (as in the CRA):

3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

And as for transposing the directive into UK law, something that you said wasn't the case:

Article 9

Member States shall take appropriate measures to inform the consumer of the national law transposing this Directive and shall encourage, where appropriate, professional organisations to inform consumers of their rights.

George_Michael

Glynn.Alexander wrote: »

I hope this information is useful to some out there, it will certainly scare the retailers if more and more people quoted this directive rather than the limited Consumer Rights Act.

It would scare retailers even more if people quoted legislation that applied and more so if they actually understood what they were quoting.

To follow on from the post from DoaM and the comment from SfA.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM%3Al14527

However, a directive is distinct from a regulation or a decision:
• unlike a regulation, which is applicable in EU countries’ internal law immediately after its entry into force, a directive is not directly applicable in EU countries. It must first be transposed into national law before it is applicable in each EU country;

agrinnall

I think that with the weight of evidence posted to contradict the OP's interpretation it is him that is relieving himself against a typhoon!