Spain Update: The new regulation of guarantees of consumer goods and after-sales services

On January 1, 2022, the modification of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, and other complementary laws (TRLGDCU) will enter into force.

The further amendment to the TRLGDCU follows the need to transpose into domestic law, on the one hand, Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects of contracts for the supply of digital content and digital services and, on the other hand, Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019, relating to certain aspects of contracts for the sale of goods.

The new regulation structures and expands the requirements that the goods must meet in order to be considered in accordance with the contract, differentiating between subjective and objective requirements. In addition, new rights for consumers linked to non-conformity are incorporated (e.g. suspension of outstanding payment until conformity, and the possibility of continuing to use the good until the good is replaced), as well as new obligations for the entrepreneur (e.g. uninstalling non-conforming goods and installing the replaced or repaired goods) and incorporating the applicable provisions in the event that the consumer chooses to the termination of the contract.

The possibly most controversial aspect of the new regulation concerns the modification of practically all the terms of the guarantee regime. Among others, the following deadlines are modified:

• The period within which the employer is liable for non-conformity is extended from two to three years from the delivery of the goods.
• The presumption period during which the employer bears the burden of proving that the lack of conformity did not exist at the time of delivery of the goods is extended from six months to two years.
• The period during which the employer will be liable for the new lack of conformity that led to the conformity is extended from six months to one year. This period, which only applied if the property had been repaired, is extended to the replaced goods.
• The action available to the consumer to claim compliance with his rights in terms of guarantees is extended from three years from the delivery of the good to five years from the manifestation of the lack of conformity.

The modification of the obligations relating to repair and after-sales services is also novel as well as controversial, since the period during which the producer must dispose of spare parts is doubled, from a period of five to ten years. However, while the current regulation links the obligation to have an adequate technical service and spare parts available to consumers to goods of a durable nature, in the new regulation the mention of goods of a durable nature disappears, so we understand that this obligation seems to be extendable to all goods.

Although the new regulation on the guarantee regime was approved last April by the urgency procedure through the approval of a Royal Decree Law, the Government undertook to process it through the ordinary channel, being in process in Congress as a Bill since last May. Therefore, there could be modifications in the regulation on the approved guarantee regime, even if we understand that it will not take place before the entry into force of the new regulation.

By Marta Valls and published at ABCD Legal, Marimón Abogados, Spain, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact spain@transatlanticlaw.com

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