European Sales Law: Challenges in the 21st Century

European Sales Law: Challenges in the 21st Century contains more than two decades of EU sales law history. In the early 2010s, a full-fledged (optional) EU Sales Law Code was on the agenda. However, this endeavour failed. In 2019 two directives took up the central ideas – the 2019/770 Digital Content Directive and the 2019/771 Sale of Goods Directive. The digital content part attracted considerably more attention while the sales part was arguably including the more doctrinal and foundational reform of EU Sales Law, first enshrined in the 1999/44 Directive. This volume focuses on the sales reform. After 20 years, the novelties range from more detailed structures to completely new phenomena such as goods with digital components, as well as innovative policies like sustainability in the design of contract law, and finally even a scission within contract law triggered by servitisation.

The contributions take up the important aspects of this doctrinal and policy design-oriented reform of EU sales law. The volume thus discusses system building in this renewal, the challenges lying ahead, the lacunae still to be filled and the changes needed to reap the benefits of the (policy) reform. This begins with a much more nuanced typology of goods for sale, including durable or refurbished goods (both with links to sustainability) and goods with digital elements (important for high-performance goods, as well as long-term use). It continues by presenting a changed concept of conformity of goods, including durability, requiring an adaptation with respect to the digital components. Besides, long-term-use related services as well as questions regarding ethical/ecological production processes are also discussed.

A side-aspect examined within the book is the subjective versus objective definition of conformity. Additionally, some chapters enquire into the overall network (distribution chains) and its impact on durability, sustainability, good incentive structures, and remedies. The focus on the priority of repair and the (potentially problematic) regime of (rather short) limitation periods, as well as issues regarding the reversal of burden of proof stand out. In a final larger segment, the radical alternative of goods coupled with service or digital elements, as well as the shift from sale of goods to servitisation contracts aimed at putting a certain type of good at permanent, yet revolving, disposal, come under discussion.