The New Consumer Sales Directive 2019/771 and Sustainable Consumption: a Critical Analysis

Abstract

Directive 2019/771/EU modernizes the consumer sales regime with particular attention to digitalisation. However, regarding sustainable consumption it largely maintains the status quo, which sharply contrasts with existing EU policy on sustainable development and the green ambitions heralded by the current Commission. This article critically assesses the directive’s major features from the perspective of societal and regulatory trends towards more sustainable and circular consumption. In doing so, it highlights several flaws of the directive, but also possibilities for future amendments and current options for Member States aiming for a sustainability-friendly transposition. Notwithstanding these criticisms, the pre-existing fundamentals of European consumer sales law can, in combination with appropriate new consumer and product regulation as well as soft law, still serve as a strong enabler of sustainable consumption. Finally, the article serves as an illustration of a sustainability-analysis of consumer contract law and of the broader implications of sustainable development and circular economy policies for European economic regulation.

Keywords: consumer sales contracts, sustainable consumption, circular economy, conformity requirements, consumer information, product regulation, legal guarantee period, producer liability, repair, sustainable replacement, commercial guarantee