Directive EU 2019/770 (DCD) and Directive EU 2019/771 (SGD) were implemented, by, respectively, Legislative Decree (LD) No. 1731 and LD No. 1702 of 4 November 2021. Both Directives were transposed once again not into the Italian Civil Code, but into the Consumer Code.3 The new articles resulting from the transposition are: art 128 to 135-septies («Capo I – Della vendita di beni») Consumer Code, implementing Directive EU 2019/771; Art 135-octies to 135-vicies ter («Capo I-bis – Dei Contratti di fornitura di contenuto digitale e di servizi digitali») Consumer Code, implementing Directive EU 2019/770. They replace the former art 128-135 Consumer Code, which contained the implementation provisions of Directive 1999/44/EC. The new provisions reproduce to a large extent the wording of both Directives. This contribution aims at highlighting the main differences, the choices made regarding the options left by the EU legislator to the Member States’ discretion as well as the related case law.
Italian Consumer Law after the Transposition of Directives (EU) 2019/770 and 2019/771
Alberto De Franceschi
2022
Abstract
Directive EU 2019/770 (DCD) and Directive EU 2019/771 (SGD) were implemented, by, respectively, Legislative Decree (LD) No. 1731 and LD No. 1702 of 4 November 2021. Both Directives were transposed once again not into the Italian Civil Code, but into the Consumer Code.3 The new articles resulting from the transposition are: art 128 to 135-septies («Capo I – Della vendita di beni») Consumer Code, implementing Directive EU 2019/771; Art 135-octies to 135-vicies ter («Capo I-bis – Dei Contratti di fornitura di contenuto digitale e di servizi digitali») Consumer Code, implementing Directive EU 2019/770. They replace the former art 128-135 Consumer Code, which contained the implementation provisions of Directive 1999/44/EC. The new provisions reproduce to a large extent the wording of both Directives. This contribution aims at highlighting the main differences, the choices made regarding the options left by the EU legislator to the Member States’ discretion as well as the related case law.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
