The EU Directive on certain aspects of the sale of consumer goods and associated guarantees is largely based on the UN Convention on contracts for the international sale of goods (hereafter: CISG). Especially in the context of non-conformity, the provisions seem very similar. A few differences can be mentioned, however. The CISG contains an obligation, for example, for the buyer to inspect the goods within as short a period as is practicable in the circumstances and to give notice to the seller of any lack of conformity within a reasonable period of time. The Directive, however, states that the Member States may introduce an obligation for the buyer to inform the seller of a non-conformity within a period of two months from the date on which the buyer detected such a lack of conformity, but there is no obligation for the Member States to do so. No obligation exists for the buyer to inspect the goods either. The provisions in the Directive give a very high level of protection to the buyer, whereas the CISG, and also the case law which is based on the CISG, seem to afford more protection to the seller.
European Review of Private Law