Legal publications

The banality of the "promotion of the repair of goods" in the Proposal for the reform of Directive 771/2019, on the sale of consumer goods

Angel Carrasco Perera
September 2023

Abstract: In the present paper I shall focus on the Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common rules that promote the repair of goods and by which Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828 are amended, COM/2023/155 final.

The CJEU specifies the scope of the right of access to personal data of art. 15 GDPR

Mª del Sagrario Bermúdez Ballesteros
September 2023

Abstract: The judgment of the Court of Justice of the European Union (CJEU), issued on May 4, 2023, pronounces on the content and scope of the right of access of the interested party to their personal data subject to processing, regulated in art. 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD).

The “Safety Business Gateway” and the Consumer Safety Network. On the occasion of Regulation n.º 2023/988

Lucía del Saz Domínguez
September  2023

Abstract: Regulation (EU) 2023/988 of the European Parliament and of the Council of May 10, 2023, regarding the general safety of products, which entered into force on June 12, 2023, being applicable from December 13, 2024, incorporates rules on what is now called “Safety Business Gateway” and establishes the functions of the Consumer Safety Network, which we will examine in this commentary.

Dangerous (unsafe) products and consumer protection: remedies in the event of a product safety recall (article 37 of Regulation 2023/988, on general product safety)

Manuel Jesús Marín López
September 2023

Abstract: Regulation 2023/988, of 10 May 2023, on general product safety, allows economic operators to request the return of unsafe marketed products. When they ask consumers to return these products, consumers can exercise rights, such as the repair of the good, its replacement or the reimbursement of certain amounts, under the terms provided in article 37 of the Regulation. The present article examines this precept, and analyzes each of these measures, its legal regime, the agents with active and passive standing, and the relationship they have with the remedies for lack of conformity regulated in the Directive 2019/771, of 20 May 2019, on certain aspects concerning contracts for the sale of goods.

Can a QR code replace traditional product labelling?

Helena Palomino Moraleda
September 2023

Abstract: The use of QR codes is widespread and normalized in daily life. In light of this situation, a local Consumer Office of the Community of Madrid inquires to CESCO whether the QR code can replace traditional labelling. To address the question, we analyze the two main labelling regulations in Spain.