Consumer Protection in the European Union: An Analysis of the Directive on the Sale of Consumer Goods and Associated Guarantees

The European Union ("EU") is in the final stages of putting into place a Directive on consumer goods and associated guarantees1 that will provide a minimum level of warranty protection for consumers throughout the EU. The Directive aims to give all consumers the ability to purchase goods anywhere in the common market, confident that, should the goods prove faulty or of poor quality the buyer will be able to obtain satisfaction from the seller. The Directive sets forth two categories of guarantees: legal guarantees, which create remedies for consumer goods that do not conform to the contract of sale, and commercial guarantees, which create remedies for consumer goods that do not conform to the seller's express promises about the goods.2 This Article first explores the evolution of consumer policy in the EU since the establishment of the European Economic Community and, second, examines the Directive itself. It then proceeds to examine the provisions of the Directive and compares them to commercial sales law in the United States.