ECJ Clarifies Interpretation Of Consumer Sales And Guarantees Directive

On 23 May 2019, the Court of Justice of the European Union (the "ECJ") held that EU Member States are competent to establish the place where the consumer is required to make goods acquired under a distance contract available to the seller, in order for these goods to be brought into conformity in accordance with Article 3 of Directive 1999/44/EC of 25 May 1999 on specific aspects of the sale of consumer goods and associated guarantees (the "Directive"). This provision entitles the consumer to "require the seller to repair the goods or [...] to replace them, in either case free of charge, unless this is impossible or disproportionate". The ECJ also held that the consumer's right to have goods brought into conformity "free of charge" does not include the seller's obligation to pay for the cost of transporting those goods (subject to limited exceptions) (ECJ, 23 May 2019, Case C-52/18, Christian Fülla v. Toolport GmbH).

The ECJ delivered its judgment in response to a request for a preliminary ruling from the District Court of Norderstedt in Germany (the "Court") in a dispute...