Spain transposes two EU directives affecting the General User and Consumer Protection law in relation to contracts for the sale of goods
Spain Corporate Alert
Royal Decree-Law 7/2021 of April 27, 2021, published in the Official State Gazette (BOE) on April 28, 2021, transposes various EU directives including Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services, and Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods.
As part of that transposition, in article 16 RDL 7/2021 makes a number of modifications to the current user and consumer legislation in Legislative Royal Decree 1/2007, of November 27, 2007 on the General User and Consumer Protection Law, notably, in relation to contracts for the sale of goods, the following:
Conformity with the contract is now determined by way of requirements relating to the goods and the trader, including installation.
The consumer may demand that the goods are brought into conformity through their repair or replacement, and if these remedies are not effective, the consumer will be entitled to a price reduction or termination of the contract.
The legal guarantee period is lengthened from 2 to 3 year from delivery of the goods.
The period for the presumption of lack of conformity (unless proven otherwise ) is lengthened from 6 months to 2 years.
If a good is repaired due to lack of conformity, the trader is liable for the repairs for a year after the good is delivered. Where in that period defects reappear with the same origin as the original ones, the same lack of conformity will be presumed to exist.
The statute of limitations for bringing action in relation to these types of lack of conformity is lengthened from 3 to 5 years from when the lack of conformity becomes apparent.
The period in which the manufacturer will have to continue providing a technical support service and have replacement parts available after a good is discontinued is lengthened from 5 to 10 years.
These modifications to the law on users and consumers relating to contracts for the sale of goods will enter into force on January 1, 2022.