The impact of the application of full harmonization of consumer rights in directive 2019/771 on the future change of code-level consumer protection in terms of warranty rights (part I)

Abstract

The article is the first part of comments on the shape of consumer rights in cases of the lack of conformity of goods after the transposition of Directive 2019/771 on the sale of goods into Polish law. This part presents the purpose of harmonization in the Directive under discussion, the essence of the method of full harmonization of consumer rights, as well as its objective and subjective scope, taking into account the semi-imperative nature of the provisions implementing Art. 13–16 of Directive 2019/771. In addition, regulatory options and material outside the scope of full harmonization are presented. A description of the full harmonization of the concept of non-conformity of goods (Art. 5–9 and recital 25 of the Directive) and the extent to which it harmonizes the issue it regulates using the minimum harmonization method are not part of this paper’s subject matter.