EU Consumer Sale Law and The Challenges of The Digital Age. An Italian Perspective.
Authors: Laura Bugatti
The 2019/771/EU Directive aims to make the EU Consumer Sale Law fit for the digital age and pushes towards a modernisation of sale rules within the framework of maximum harmonisation. The article aims to provide a comprehensive overview of the new Sale law regime introduced by the EU in 2019, from the Italian perspective. In particular, it moves from some preliminary remarks on the Directive’s scope of application and the subject matter covered by the new sale rules, followed by an examination of the new substantial sales rules concerning the conformity of goods, the seller’s liability, including time limits, and the consumer’s remedies for defective goods. Recalling the freedom recognised to Member States by the Directive, the article includes, as a paradigmatic example, the description of the main and most meaningful Italian transposition technique and choices. Some unavoidable remarks on the adequacy of the new legal regime to address the new challenges and innovative economic models that are going to prevail in the digital environment conclude the analysis.
Keywords: Consumer sale law - 2019/771/EU Directive - Conformity of goods - Seller's liability - consumer remedies