News
Warranties for consumers do not apply when the sale is ancillary to the supply of services
- 02/10/2017
Article 3 of European Directive no. 1999/44 on the sale of consumer goods and associated guarantees, provides that “the seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered”.
A German Court had asked the European Court of Justice to provide some clarification on certain aspects of that Directive, in a case when a couple, who had engaged the services of a contractor to renovate their swimming pool, complained about a number of defects.
With Judgment of 7th September 2017, in the case C-247/16, the European Court has explained that Directive 1999/44 applies not only to contracts of sale sensu stricto, but also to certain categories of contract involving a supply of services, provided that the supply of services be ancillary to the sale.
In the case at issue, the provision of services for the installation of the goods was the principal subject of that contract for work and the sale of the goods was merely ancillary by comparison with that provision of services. Therefore, such contract for work does not fall within the scope of Directive no. 1999/44.
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