Mandatory Information on Manufacturer’s Warranty: The Decision of the European Court of Justice

According to the decision of the European Court of Justice, traders are required to inform consumers about the manufacturer’s warranty before concluding a contract. This ruling, issued in case C-179/21, plays a particularly important role in protecting consumer rights, as it clearly defines the obligations of traders who sell products on online platforms such as Amazon.

According to the Court’s opinion, if a trader offers products that are not their own manufacture, and the manufacturer’s warranty is a central element of the product offer, they must inform the consumer about warranty information. The manufacturer’s warranty information must be detailed, including the duration of the warranty, the territorial scope, and the place of repair.

The decision is also important because it helps ensure that consumers receive all necessary information about products and Manufacturer’s Warranty before they enter into a contract with traders. Manufacturer’s warranty information, if it is part of the product offer, can also be a tool for gaining a competitive advantage. Such information must include all essential warranty details, enabling the consumer to make an informed decision.

In the case of Amazon and other online platforms, where traders and manufacturers do not directly interact with consumers, the transfer of information plays a particularly important role. According to the European Court of Justice decision, traders must ensure that consumers can easily access all information related to the manufacturer’s warranty so they can make an informed decision before purchasing.

The Court found that traders are obliged to inform consumers when the manufacturer’s warranty is a central element of the offer. This means that if the warranty is presented as an advantage of the sale, all essential warranty information, such as the warranty duration and territorial scope, must be clearly communicated to the buyer. Such information can help gain a competitive advantage while ensuring that consumers make informed purchasing decisions.

This ruling is an important step in protecting consumer rights, as it ensures that every consumer receives the same essential information about products and Manufacturer’s Warranty, regardless of whether they are available online or in traditional stores. Therefore, information about the manufacturer’s warranty helps not only protect the competitiveness of traders but also safeguard consumer rights. The provision of warranty information is only mandatory when it serves the consumer’s interest and when the warranty plays a central role in the offer.

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Dr. Katona Géza, LL.M. ügyvéd (Rechtsanwalt / attorney at law)

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Katona és Társai Ügyvédi Társulás 

(Katona & Partner Rechtsanwaltssozietät / Attorneys’ Association) 

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