An overview of notifications received by the Commission regarding provisions going beyond Article 5(1) to (3) and Article 7(1) of Directive 1999/44/EC (the Consumer Sales and Guarantees Directive).
This information about national legislation was collected and published in 2015. The transposition of the new Directive (EU) 2019/771 of 20 May 2019 on the Sale of Goods, which replaces Directive 1999/44/EC as from 1 January 2022, may affect the national legislation included in this overview.
For more information about the new Directive please click here.
| Member State |
Provisions going beyond Article 5(1) to (3) and Article 7(1) of Directive 1999/44/EC (the "CSGD") |
|---|---|
| Austria |
Yes, national law has made use of: - Art. 7(1) CSGD: for second-hand goods the trader and the consumer may agree on a shorter liability period which must not be shorter than 1 year. With regard to cars, this reduction in the duration of the statutory liability is valid only if the vehicle sold second hand was put into circulation more than a year previously. |
| Belgium |
Yes, national law has made use of: - Art. 8(2) read in conjunction with Art. 5(1) CSGD: at the end of a two-year period, the guarantee against hidden defects will apply; - Art. 5(2) CSGD: the trader and the consumer may agree that the lack of conformity has to be notified by the consumer within two months since he became aware of it; - Art. 7(1) CSGD: for second-hand goods, there can be a shorter guarantee period which must not be shorter than 1 year |
| Bulgaria | No provision going beyond the minimum harmonization clauses of CSGD. |
| Croatia |
Yes, national law has made use of: - Art. 8(2) read in conjunction with Art. 5(1) CSGD: at the end of a two-year period, the guarantee against hidden defects will apply; - Art. 5(2) CSGD: the lack of conformity has to be notified by the consumer within two months since he became aware of it; - Art. 7(1) CSGD: for second-hand goods, there can be a shorter guarantee period which must not be shorter than 1 year |
| Cyprus |
Yes, national law has made use of: - Art. 8(2) read in conjunction with Art. 5(1) CSGD: at the end of a two-year period, the guarantee against hidden defects will apply; - Art. 5(2) CSGD: the lack of conformity has to be notified by the consumer within two months since he became aware of it; - Art. 7(1) CSGD: for second-hand goods, there can be a shorter guarantee period which must not be shorter than 1 year |
| Czech Republic | Yes, national law has made use of Art. 7(1) CSGD: for second-hand goods, there can be a shorter guarantee period which must not be shorter than 1 year. |
| Denmark | Yes, national law has made use of Art. 5(2) CSGD: the lack of conformity has to be notified by the consumer within reasonable time (two months always considered to be reasonable time). |
| Estonia | Yes, national law has made use of Art. 5(2) CSGD: the lack of conformity has to be notified by the consumer within two months since he became aware of it. |
| Finland |
Yes, national law: - goes beyond Art. 5(1) CSGD and does not provide time restriction to the seller's liability. - has made use of Art. 5(2) CSGD: the lack of conformity has to be notified by the consumer within two months since he became aware of it. |
| France | Yes, national law goes beyond Art. 5(3) CSGD and provides as of 18 March 2016 that for new goods any lack of conformity which becomes apparent within twenty four months shall be presumed to have existed at the time of delivery. As for now and for second hand goods also after March 2016 the presumption period lasts six months. |
| Germany |
Yes, national law has made use of: - Art. 7(1) CSGD: for second-hand goods the trader and the consumer may agree on a shorter liability period which must not be shorter than 1 year. |
| Greece | No provision going beyond the minimum harmonization clauses of CSGD. |
| Hungary | Yes, national law has made use of Art. 5(2) CSGD: the consumer has to report any lack of conformity immediately after detecting it with a rebuttable presumption of timely reporting. The consumer will be held liable for any damage resulting from the failure to report a lack of conformity in time. |
| Ireland | Yes, national law goes beyond Art. 5(1) CSGD and provides a general six-year limitation period for contract claims. |
| Italy |
Yes, national law has made use of: - Art. 5(2) CSGD: the lack of conformity has to be notified by the consumer within two months since he became aware of it, - Art. 7(1) CSGD: for second-hand goods, there can be a shorter guarantee period which must not be shorter than 1 year |
| Latvia |
Yes, national law has made use of: - Art. 5(2) CSGD: the lack of conformity has to be notified by the consumer within two months since he became aware of it. |
| Lithuania | No provision going beyond the minimum harmonization clauses of CSGD. |
| Luxemburg |
Yes, national law has made use of: - Art. 5(1) 2nd sentence CSGD and provides a two-year time-limit for bringing an action to enforce a guarantee; it runs from when the consumer reported the non-compliance of the goods to the trader. - Art. 7(1) CSGD: for second-hand goods the trader and the consumer may agree on a shorter guarantee period which must not be shorter than 1 year. With regard to cars, this reduction in the duration of the statutory guarantee is valid only if the vehicle sold second hand was put into circulation more than a year previously. |
| Malta |
Yes, national law has made use of: - Art. 5(2) CSGD: the lack of conformity has to be notified by the consumer within two months since he became aware of it. |
| Netherlands |
Yes, national law has made use of: - Art. 5(2) CSGD: the lack of conformity has to be notified by the consumer promptly as he became aware of it (within two months is deemed to be prompt notification). National law does not provide for any time limit for guarantee, but legal action has to be taken within two years of the notification of the lack of conformity. |
| Poland |
Yes, national law: - goes beyond Art. 5(3) CSGD: concerning the burden of proof, the lack of conformity which becomes apparent within one year is presumed to have existed at the time of delivery (instead of 6 months). - has made use of Art. 7(1) CSGD: for second-hand goods the trader and the consumer may agree on a shorter liability period which must not be shorter than 1 year. |
| Portugal |
Yes, national law: - has made use of Art. 5(2) CSGD: the lack of conformity has to be notified by the consumer within two months since he became aware of it. - goes beyond Art. 5(3) CSGD: concerning the burden of proof, the lack of conformity which becomes apparent within two years is presumed to have existed at the time of delivery (instead of 6 months). - has made use of Art. 7(1) CSGD: for second-hand goods the trader and the consumer may agree on a shorter guarantee period which must not be shorter than 1 year. |
| Romania |
Yes, national law: - goes beyond Art. 5(1) CSGD and provides after the two year period a claim for consumers to repair or to replace of products which cannot be used for their intended purpose as a result of latent defects which have appeared in the course of the average duration of use. - has made use of Art. 5(2) CSGD: the lack of conformity has to be notified by the consumer within two months since he became aware of it. - has made use of Art. 7(1) CSGD: for second-hand goods the trader and the consumer may agree on a shorter liability period which must not be shorter than 1 year. |
| Slovakia |
Yes, national law has made use of: - Art. 7(1) CSGD: for second-hand goods the trader and the consumer may agree on a shorter liability period which must not be shorter than 1 year. - the lack of conformity has to be notified by the consumer within six months since he became aware of it. |
| Slovenia |
Yes, national law has made use of: - Art. 5(2) CSGD: the lack of conformity has to be notified by the consumer within two months since he became aware of it. - Art. 7(1) CSGD: for second-hand goods 1 year liability period is provided |
| Spain |
Yes, national law has made use of: - Art. 5(2) CSGD: the lack of conformity has to be notified by the consumer within two months since he became aware of it. |
| Sweden |
Yes, national law: - goes beyond Art. 5(1) CSGD and provides a three-year liability period. The period can be further extended if such an option is made available by means of a guarantee or other similar commitment on the part of the trader. - has made use of Art. 5(2) CSGD: the lack of conformity has to be notified by the consumer within a reasonable period. If such information is provided within two months, it shall, however, always be regarded as having been submitted in good time. In certain cases the consumer may enjoy a longer period to inform the trader. - has made use of Art. 5(3) CSGD: concerning the burden of proof, for some specific products the lack of conformity which becomes apparent within two years is presumed to have existed at the time of delivery. For other goods 6 months period applies. |