Full harmonization of consumer rights in the case of lack of conformity of goods in the Directive 2019/771 on consumer sale — part II

Abstract

This part discusses the impact of the regulation of consumer rights introduced in Directive 2019/771 on the future change in the level of consumer protection in Polish law on seller’s responsibility in case of the lack of conformity of goods. In particular, it is emphasized that the implementation of this Directive to the Civil Code is advisable. The comments relate to possible changes to the Civil Code, mainly the sequence of exercising consumer rights, which in comparison with the regulation of Art. 560 of the Civil Code will lead to the weakening of the consumer’s rights regarding the choice of one of the four rights in case of the lack of conformity of goods. Subsequently, the article discusses the particular rights of the consumer in this case already existing in the Civil Code, taking into account their possible changes in the transposition of the Directive, as well as the buyer’s obligation to make the goods available to the seller or return the goods and consumer’s right to withhold payment of any outstanding part of the price. In addition, the author mentions the issues of: the effects of the consumer’s contribution to the lack of conformity of the goods with the contract, and remedying the damage caused by that lack of conformity to the consumer.