EU Directives and Irish Law

Procrastastudy

If an EU directive is given effect in Irish Law by SI (or perhaps primary legislation) and the SI/legislation doesn't quite match up to the directive what happens after the date the directive had to become effective from?

As an example there seems to be this 2 year warranty period on consumer goods presumably stemming from Directive 1999/44/EC. SI 11/2003 does not mention this 2 year period and presumable leaves it to the six year limitation period that applies to the SOGASOS Act. The directive specifialy states a two year 'liability' period;

Article 5

Time limits

1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

My understanding was that this was to ensure a minimum limitation period of two years, but, the above does seem to suggest a two year period in which the manufacturer must provide a remedy, not withstanding that the good may not be designed to last that long - e.g. batteries.

Any corrections to what I'm sure are faulty assumptions on my part are appreciated.

KoukiKeith

Procrastastudy wrote: »

If an EU directive is given effect in Irish Law by SI (or perhaps primary legislation) and the SI/legislation doesn't quite match up to the directive what happens after the date the directive had to become effective from?

As an example there seems to be this 2 year warranty period on consumer goods presumably stemming from Directive 1999/44/EC. SI 11/2003 does not mention this 2 year period and presumable leaves it to the six year limitation period that applies to the SOGASOS Act. The directive specifialy states a two year 'liability' period;

Article 5

Time limits

1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

My understanding was that this was to ensure a minimum limitation period of two years, but, the above does seem to suggest a two year period in which the manufacturer must provide a remedy, not withstanding that the good may not be designed to last that long - e.g. batteries.

Any corrections to what I'm sure are faulty assumptions on my part are appreciated.

I'm not sure that I understand your Q correctly but it is to ensure a minimum limitation period (minimum harmonisation). Therefore, where a MS goes above and beyond that threshold, there is no issue.

I'm not overly familiar with the SOGASOS Act but if it has a six year limitation period then it's fine. Article 3 of SI 11/2003 even provides for such.

Procrastastudy

Many thanks for responding. My difficulty is I am reading it as two parts; which I believe is correct, but I am open to correction.

(i) The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods.

Seems to impose strict liability?

(ii) If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

Talks about limitation periods.

I am very open to the possibility the whole thing is about limitation periods - I'm just not sure.

Procrastastudy

Procrastastudy wrote: »

I am very open to the possibility the whole thing is about limitation periods - I'm just not sure.

The second part just means that the National legislation cannot prescribe a limitation period less than 2 years. If it does the Directive takes precedent. There's case law on this but I cannot remember it off the top of my head.