Art. 7:18 Sec. 2 BW implements Art. 5 Sec. 2 of the Directive, pursuant to which if non-conformity of the consumer goods materializes within 6 months from the delivery, there is a presumption that the good was non-conforming at the moment of delivery, unless the nature of the good opposes such a presumption. The seller claimed that since the consumer sale concerned a living macaw, that is more fragile than other living stock and which needs to be carefully cared for, as well as taking into account that the illness with which the bird was diagnosed has an incubation period of 1-3 months, therefore, the presumption should not be applied in this case. The nature of the good opposes such an application, pursuant to the seller. However, the court considered that the seller managed only to prove that it is likely that the non-conformity did not exist at the moment of delivery. In case of such an uncertainty, it is the consumer who is supposed to benefit from the presumption set by the European legislator, and not the seller. The seller needs to prove that the bird was conforming the concluded contract at the moment of the delivery, and not only that there is doubt as to whether the bird was in non-conformity.