Commission acts against Spain to guarantee shoppers' rights

The European Commission has sent 'Reasoned Opinions' to the government of Spain over apparent failure to implement the Guarantees Directive (1999/44/EC). This Directive, adopted in May 1999, sets out certain minimum legal rights for consumers buying goods in the EU.

These minimums include a right to return defective goods, or have them repaired or replaced, up to two years after delivery. Member States were obliged to implement the Directive by 1 January 2002. Spain has yet to notify the Commission of the measures taken under their national law to implement the Directive. The Directive lays down a common set of consumer rights valid no matter where in the European Union the goods are purchased.

Central amongst these is that if goods are defective, or do not conform with the contract agreed at the time of purchase, consumers have a right of redress against the seller for two years after taking delivery of the goods. The consumer can request the goods be repaired, delivery of new goods, a price reduction on another purchase or a complete refund of their money. For six months after the delivery the burden of proof is on the seller not the consumer to prove that the goods sold conformed with the contract of sale and were not defective.