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Consumer sales and guarantees in europe

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par David Guitton
University of Exeter - LLM in International Business Law 2010
  

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Conclusion

We have seen that the French and the UK's regulatory framework applicable to consumers are very different. More precisely, we have highlighted that the French traditional legal system does not provide for an efficient protection of consumers as it is difficultly usable in daily transactions. Thus, the Ordinance of 2005, albeit providing for another set of rule, improves consumers' protection and is thus welcome. Conversely, in the UK, consumers enjoy a great level of protection due mostly to the efficiency of the system whereby consumers are allowed to reject non-conforming goods. The transposition of the Directive of 1999 added to this protection on a few issues but did not shatter the system as a whole.

These differences demonstrate the variety of the existing regulatory framework applicable in Europe. Such fragmentation of the legal framework applicable throughout Europe is criticised.

More precisely, we have seen that the Commission is concerned with the increasing of cross-barriers transactions and the strengthening of consumer confidence. Noting that a minimum harmonisation Directive cannot achieve these goals, the Commission launched a Proposal providing for a full harmonisation Directive. However, this Proposal seems hardly capable of reaching the objectives it targets. Indeed, the fact that it provides for a full harmonisation directive is not enough to increase cross-border transaction and even leads to a decreasing in the level of protection consumers already enjoy both in France and in the UK. Thus, the Proposal must undergo modifications before it is likely to be accepted by Member States. In line with the objectives it has been assigned, the most important change should be its «envelop» as full harmonisation should be given up. Instead, it seems that providing for a new set of rules similarly applicable throughout Europe, a 28th law or at least a full targeted harmonisation would better achieve the objectives of the Commission.

BIBLIOGRAPHY

I. Law

A. European Union

_Treaty establishing the European Community

_Treaty on the Functioning of the European Union _Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises _Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts _Directive 97/7/EC of 20 May 1997on the protection of consumers in respect of distance contracts

_Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspect of the sale of consumer goods and associated guarantee _Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services _Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market

_Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers

_Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, longterm holiday product, resale and exchange contracts, OJ 2009, L 33/10

B. United Kingdom

_ Sale of Goods Act 1893

_ Unfair Contract Terms Act 1977

_ Sale of Goods Act 1979 _Limitation Act 1980

_Sale and Supply of Goods Act 1994

_The Sale and Supply of Goods to Consumers Regulations, 2002, n° 3045

C. France

_Civil Code

_Consumer Code

_Loi n° 91 -650, 9 July 1991 _Ordonnance n° 2005-136 du 17 Février 2005 relative à la garantie de la conformité du bien au contrat due par le vendeur au consommateur

_ Loi n° 2008-561 of 17 June 2010

D. Other

_United Nations Convention on Contract for the International Sale of Goods (1980) (usually referred to as the Vienna Sale Convention)

II. Cases law referred to

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