White Smoke, but Smoke Nonetheless: Some (Burning) Questions Regarding the Directives on Sale of Goods and Supply of Digital Content

Abstract

The spring of 2019 saw the adoption of two EU directives concerning, respectively, the sale of goods (Directive 2019/771, ‘SGD’) and the supply of digital content (Directive 2019/770, ‘DCD’), which must be implemented into Member State law by 1 July 2021. The modified national rules must apply from 1 January 2022, the date on which the accompanying repeal of the 1999 consumer sales directive (Directive 1999/44, ‘CSD’) will take effect. The question arises whether the EU legislator has succeeded in drawing up a clear, consistent consumer protection framework. This article submits that this is not necessarily the case, focusing on ambiguities and interpretative issues in the scope of application of the two new directives (1) as well as the provisions regarding conformity (2). The paper concludes with a number of evaluative observations on the possible long-term effects of the new rules (3).