Consumers' protection: sale of consumer goods and associated guarantees
1996/0161(COD)
The Commission has endorsed the political agreement, representing a global compromise on the part
of the qualified majority of the Member States. Its decision on the common position is based on a
comparison of the pros and cons of the text under discussion.
The Commission lists as the main merits:
- harmonisation of the concept of lack of conformity,
- a practicable system of consumer rights attuned to existing commercial realities,
- a single two-year guarantee period,
- reversal of the burden of proof,
- an incipient regulation of commercial guarantees providing for a certain degree of consumer
protection as regards transparency.
As a disadvantage it notes that Member States are still free to introduce a notification requirement
that consumers must comply with if they want to avoid forfeiting their rights, a provision which is
difficult to reconcile with the idea of a minimum standard of consumer rights. As the merits outweigh
the disadvantages, the Commission endorses the common position.
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