ABSTRACT
In July 1999, the European Community (EC) adopted Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees. This chapter shows what can be learned from the different approaches to implementing the Consumer Sales Directive taken in England and Germany respectively. The Directive does provide that certain transactions are to be treated as 'sales', irrespective of what the accepted interpretation in domestic law might be. The Directive's broad approach to the notion of 'sale' proved to be a challenge during the implementation process. Perhaps the most significant difference between consumer and non-consumer sales is that the provisions on sales are mandatory only for consumer sales. The chapter considers some of the more specific issues, both with regard to the conformity requirement and the remedial regime in the Directive. The Directive introduces a reversal of the burden of proof in respect of any lack of conformity which manifests itself within six months of delivery of the goods.
