Commission acts to guarantee UK Consumer rights under the Guarantees Directive

["e1230758 <tom@xxxxxxx>" <tom@xxxxxxx>]

See below an article released today by the EU over the failure by the
UK and 7 others to implament the Guarantees Directive, could this be
due to the retail sctors money making strategy of extended warenties
being at risk if 2 year guarantees is the norm? Just recently bought
some Computer bits in Germany, cheaper than in the UK an with a 2
year Guarantee. Role on the EU give the citizens the power back

Tom
---------------------------- Text from official publication----------
Brussels, 6 January 2003

Commission acts to guarantee EU shoppers' rights: infringement
proceedings against 8 Member States

The European Commission has sent 'Reasoned Opinions' to the
governments of Belgium, France, Ireland, Luxembourg, the Netherlands
Portugal, Spain and the United Kingdom over their apparent failure to
implement the Guarantees Directive (1999/44/EC). This Directive,
adopted in May 1999 (see IP/01/332), sets out certain minimum legal
rights for consumers buying goods in the EU. These include a right to
return defective goods, or have them repaired or replaced, up to two
years after delivery. Member States were obliged to implement the
Directive by 1 January 2002. The eight Member States have yet to
notify the Commission of the measures taken under their national law
to implement the Directive. The sending of a 'Reason Opinion' is the
second step in infringement proceedings under Article 226 of the EU
Treaty. If the Member States concerned are not able to assure the
Commission that the consumer rights set out in the Directive are in
fact implemented under their national law the next step will be for
the Commission to lodge cases against them with the European Court of
Justice.

"The rights set out in the Guarantees Directive are of fundamental importance to shoppers, and indeed to the EU. If consumers cannot be
confident that their rights will be protected they are not going to
shop across borders. The Directive was, quite rightly, hailed as a
major achievement when the Council and Parliament adopted it in 1999.
We are now more than a year past the deadline Member States signed up
to for implementation. Eight Member States still have not notified
the Commission of how the consumer rights guaranteed in the Directive
are protected under their national laws. The Commission has no choice
but to proceed with these infringement actions. I am determined to
ensure none of the EU's consumers are short-changed." said Health and =
Consumer Protection Commissioner David Byrne.

Consumer rights under the Guarantees Directive

The Directive lays down a common set of consumer rights valid no
matter where in the European Union the goods are purchased. Central
amongst these is that if goods are defective, or do not conform with
the contract agreed at the time of purchase, consumers have a right
of redress against the seller for two years after taking delivery of
the goods. The consumer can request the goods be repaired, delivery
of new goods, a price reduction on another purchase or a complete
refund of their money. For six months after the delivery the burden
of proof is on the seller not the consumer to prove that the goods
sold conformed with the contract of sale and were not defective. The
final seller who is responsible vis-=E0-vis the consumer, can under
circumstances determined by the Member States hold the producer
liable. Member States are allowed to have rules under their national
law obliging consumers who wish to use their right of redress to
inform the seller of any defect or lack of conformity in the goods
within two months of them discovering it.

The directive also requires that commercial guarantees such as
manufacturers guarantees or retailers' guarantees must be transparent
and clearly drafted. When these guarantees are issued it must be
indicated that they go beyond the legal rights of the consumer.

Implementation of the Directive by Member States

The deadline set for transposition of the Directive was 1 January
2002. As of today the Commission has been notified of the following
national measures to implement Directive 1999/44/EC:

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