Directive 1999/44/EC of the European Parliament

[shabazzist]

I was listening to a program on the distinguished 'Radio 4' where a member of the European paliment was listing the positive things they had done for US the public. She claimed that the standard manufacturers warranty had been increased from 12 months to 24 months (Directive 1999/44/EC) but no one knew because it had been kept quiet by the market place.

 

Is this true?

 

I have submitted a link to the relevant document...

guichett - 31999L0044 -

 

but I'm not fluent in this sort of jargon. Can someone please calrify.

 

My case - I have had a mobile phone on 12 month contract since July 05 but my handset has developed a serious fault (not through mistreatment I sould add).

Is it covered by the manufacturer for 24 months?

[AndyE]

This was implemented by:

 

1. - The Sale and Supply of Goods to Consumers Regulations 2002 SI no 3045 du 10/12/2002, Coming into force: 31/03/2003.

 

The directive doesn't introduce a minimum 2 year 'guarantee' but requires the minimum limitation period for action to be 2 years (in the UK it's 6 years for this sort of thing and was already before the directive came into force). The supplier is liable to the customer to repair or replace free of charge unless the cost of doing so is disproportionate (or words to that effect).

[Guest ian cognito]

(17) Whereas it is appropriate to limit in time the period during which the seller is liable for any lack of conformity which exists at the time of delivery of the goods; whereas Member States may also provide for a limitation on the period during which consumers can exercise their rights, provided such a period does not expire within two years from the time of delivery; whereas where, under national legislation, the time when a limitation period starts is not the time of delivery of the goods, the total duration of the limitation period provided for by national law may not be shorter than two years from the time of delivery;

 

Could be she was referring to this bit, this appears to be referring to lack of conformity of goods at the time of delivery? Need a legal brain here I think.

[AndyE]

Could be she was referring to this bit, this appears to be referring to lack of conformity of goods at the time of delivery? Need a legal brain here I think.

 

Sorry, I edited my post while you were entering yours. To see the effect in English law you need to look at the Statutory Instrument that implements the Directive, not the Directive itself. It would appear that this refers to manufacturing faults only, although how you establish this might be tricky.