Full text of the paper:
Collected Papers of the Faculty of Law in Novi Sad, University in Novi Sad
2024, vol. LVIII, No. 1, pp. 223-247
language of the paper: Serbian
Original scientific paper
udk: 347.751:339.5]:061.1EU
doi:10.5937/zrpfns58-49888
Author:
Jovan Vujičić
University of Kragujevac
Faculty of Law Kragujevac
jvujicic@jura.kg.ac.rs
ORCID ID: 0000-0003-1419-884X
Abstract:
Unlike Directive 1999/44/EC which, in principle, had a subjective approach to determining the conformity of goods, Directive (EU) 2019/771 prescribes criteria that, as a rule, must always be met. In addition to reflecting the reasonable expectations of consumers, objective requirements for conformity also show what the legislator’s expectations are regarding the goods. In this sense, the concept of conformity has been significantly improved in the context of increased digitalization of goods. However, as far as sustainable consumption is concerned, the situation has largely remained unchanged, which is in contradiction with the existing policy of the European Union, as well as broader social and regulatory directions of development. The possibility of deviating from the objective requirements for conformity is reduced to the narrow framework of the exception, on the correct application of which depends whether it will fulfill its purpose.
Keywords:
conformity of goods, subjective requirements, objective requirements, consumer law, European Union law.