The inadequate approach of Directive (EU) 2019/771 towards the circular economy

In: Maastricht journal of European and comparative law: MJ, Band 29, Heft 1, S. 9-24

Abstract

The current social context (overconsumption, planned obsolescence, etc.) will be presented in this paper to illustrate the need for the European Consumer Law to be more aligned with sustainability objectives. To this end, the relatively recent Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods will be analysed to conclude that it does not reflect any of the guidelines contained in the two Action Plans for the circular economy (2015 and 2020). Despite the fact that this Directive (EU) 2019/771 aims at full harmonization, a certain margin of manoeuvre is (fortunately) granted in favour of the Member States. Finally, a reference to the possibility of the market moving towards circularity (as there is now a greater demand for sustainable products) will also be made.