EU Consumer Rights for Faulty Products: Directive 2019/771 Explained

When you purchase a product in the European Union, you are protected by some of the strongest consumer rights legislation in the world. Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods, which replaced the earlier Directive 1999/44/EC, ensures that every consumer in the EU benefits from a minimum two-year legal guarantee on goods purchased from a professional seller. This guide explains your rights in detail and shows you how to enforce them effectively.

The Two-Year Legal Guarantee

Article 10 of Directive 2019/771 establishes that the seller is liable for any lack of conformity that exists at the time of delivery and becomes apparent within two years of delivery. This means that if a product develops a fault within two years of purchase, and the fault existed at the time of delivery (even if it only manifested later), the seller is responsible for providing a remedy at no cost to you.

This legal guarantee applies across all EU Member States and exists independently of any commercial warranty offered by the manufacturer. Some countries go further: in France, the guarantee of conformity under Articles L217-3 to L217-20 of the Code de la consommation extends to 27 months for products purchased after 1 January 2022. In the Netherlands, the concept of reasonable durability under Article 7:17 of the Burgerlijk Wetboek can extend protection beyond two years depending on the expected lifespan of the product.

What Counts as a Lack of Conformity?

Article 5 of Directive 2019/771 sets out the subjective requirements for conformity. The goods must match the description, type, quantity, and quality specified in the contract. They must be fit for any particular purpose communicated to the seller at the time of purchase. They must be delivered with all accessories, instructions, and packaging as stipulated.

Article 7 adds objective requirements: the goods must be fit for the purposes for which goods of the same type would normally be used, match any sample or model shown, and possess the qualities and features that are normal for goods of the same type and which the consumer may reasonably expect. This includes durability, functionality, compatibility, and safety.

A smartphone with a battery that degrades significantly within six months, a washing machine with a faulty motor within a year, or a pair of shoes that fall apart after two months of normal use would all likely constitute a lack of conformity under these provisions.

The Hierarchy of Remedies

Directive 2019/771 establishes a clear hierarchy of remedies in Articles 13 through 16. When a product is found to lack conformity, the consumer must first give the seller the opportunity to repair or replace the product. Under Article 13, the consumer can choose between repair and replacement unless the chosen remedy would be impossible or would impose disproportionate costs on the seller compared to the alternative remedy.

The repair or replacement must be carried out within a reasonable time, without significant inconvenience to the consumer, and at no cost. Article 14(1) specifies that the costs include postage, transport, labour, and materials.

If repair or replacement is impossible, disproportionate, not carried out within a reasonable time, or would cause significant inconvenience, the consumer is entitled to a price reduction or a full refund under Article 16. The consumer may also seek an immediate price reduction or contract termination if the lack of conformity is so serious that it justifies immediate termination, if the seller has declared or it is clear from the circumstances that the seller will not bring the goods into conformity, or if a defect recurs despite the seller's attempt to bring the goods into conformity.

Burden of Proof

One of the most consumer-friendly provisions of Directive 2019/771 is Article 11, which establishes a reversed burden of proof. Any lack of conformity that becomes apparent within one year of delivery is presumed to have existed at the time of delivery. This is an improvement over the previous directive, which only provided a six-month presumption period.

This means that within the first year, you do not need to prove the fault was present at delivery. The seller must prove that the product was conforming when delivered. After the first year and until the end of the two-year guarantee period, the burden shifts back to the consumer, who must demonstrate that the defect existed at the time of delivery. In practice, this can be done through expert reports, by showing that the fault relates to a manufacturing defect rather than misuse, or by demonstrating that the product did not meet reasonable durability expectations.

How to Complain Effectively

When you discover a fault with your product, you should contact the seller (the retailer you purchased from, not the manufacturer) as soon as possible. Article 12 of Directive 2019/771 notes that Member States may require consumers to notify the seller within two months of discovering the defect, though many countries do not impose this requirement.

Write a formal complaint to the retailer that includes the date and place of purchase, a description of the product and the defect, proof of purchase (receipt, bank statement, or order confirmation), and your preferred remedy (repair or replacement). Be specific about the problem and reference your rights under national legislation implementing Directive 2019/771.

If the retailer refuses to acknowledge the fault, denies liability, or fails to provide a remedy within a reasonable timeframe, you can escalate. Contact the consumer protection authority in your country, such as the Verbraucherzentrale in Germany, the Autoriteit Consument en Markt in the Netherlands, or the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF) in France. You may also be able to use the European Consumer Centre (ECC-Net) for cross-border purchases.

Important Exceptions

The legal guarantee does not cover defects caused by the consumer's own misuse, improper installation (unless performed by or under the seller's responsibility as per Article 8), or normal wear and tear. If the consumer was specifically made aware of a defect at the time of purchase and expressly accepted the goods nonetheless, the guarantee does not apply to that particular defect under Article 7(5).

Second-hand goods may have a reduced guarantee period of no less than one year, if the consumer was informed before the purchase, under Article 10(6). Digital content and digital services supplied with goods (such as software integrated into a smart device) are also covered under the directive's provisions in Article 3(3).

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