The EU's Sale of Goods Directive : a sustainable (consumer goods) sales law ?

Bibliogr. s. 58-62

This article aims to analyse the innovations resulting from the Sale of Goods Directive (EU) 2019/771 and to determine to what extent these innovations meet the objective set in its recital 32 to "promote sustainable consumer habits and a circular economy". For this purpose, the concept of durability within the meaning of Article 7 I d) of the Directive on the Sale of Goods is first examined in more detail. As the "durability" continues to be ascertained at the time of delivery under the Sales Directive, there is no change to the previous understanding. This is because under the Sale of Consumer Goods Directive, the "usual quality" within the meaning of its Article 2 II d) was already [affected in such cases. In the following part, the article deals with the question whether the criterion of durability is in principle capable of promoting sustainable consumer habits. In this context, the issue of "(planned) obsolescence" is also discussed. In the final part, the article analyzes the remedies and their exercise under the Sale of Goods Directive, which predominantly correspond to the previous understanding of the system of remedies. In this context, the article sets itself the task of finding sustainable and environmentally friendly solutions, whereby the topic of "refurbished goods" in particular is examined in greater detail.