Riparazione dei beni e sostenibilità: un nuovo tassello contro la nuvola di smog nella direttiva UE2024/1799

Fadda, Rossella

2025-01-01

---

Abstract

This contribution focuses on the issue of sustainability within the private law framework, with particular reference to its influence on consumer sales regulation. Acknowledging that the subject is constantly evolving and that consumer protection no longer constitutes the exclusive priority but rather coexists with the goals of ensuring market efficiency and promoting more sustainable consumption, the analysis examines the remedies for lack of conformity, highlighting the revision of the concept of defect and the reformed system under the recent European legislation. Conformity of goods is now to be assessed also with regard to their sustainability, and the hierarchy of remedies has been reconsidered accordingly, establishing the primacy of repair in all cases where it proves to be the most sustainable solution. The proposed solutions are grounded not only in the amendments to the Consumer Code introduced by Legislative Decree No. 170/2021 but also in the recent EU Directive 2024/1799, which promotes the repair of goods in order to foster more sustainable consumption.