European Commission and Directorate-General for Justice and Consumers 9 December 2015, Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on certain aspects concerning contracts for the online and other distance sales of goods

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This European Commission proposal (COM(2015) 635 final) establishes a fully harmonised set of mandatory rules governing distance sales contracts for goods between sellers and consumers, with the legal basis of Article 114 TFEU and the objective of eliminating contract law-related barriers to cross-border e-commerce within the Digital Single Market. Key provisions include fully harmonised conformity criteria (subjective and objective), a hierarchical remedy structure (repair or replacement as primary remedies, followed by price reduction or termination), abolition of consumer notification obligations, and extension of the reversal of the burden of proof to two years, aligning it with the two-year liability period. The Directive operates as a full harmonisation instrument, precluding Member States from maintaining or introducing provisions that diverge—whether more or less stringent—from its requirements in the areas it regulates, while leaving unregulated areas, including limitation periods, commercial guarantees, and seller redress rights, to national law.AI