ABSTRACT
This paper critically examines the new conformity requirements in the directives on consumer sales (2019/771) and digital content/services (2019/770). It first considers general design questions in respect of a conformity requirement, before providing a detailed analysis of the substantive elements of the conformity requirements. This paper is critical of the differentiation between a ‘subjective’ and ‘objective’ conformity requirement, as well as the implications of making the conformity requirement subject to maximum harmonisation.
Twigg-Flesner, Christian, Conformity of Goods and Digital Content/Digital Services (January 20, 2020) in Esther Arroyo Amayuelas and Sergio Cámara Lapuente, The impact of digitalization on private law (forthcoming).
First posted 2020-03-10 07:01:38
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