Legal Literature

Consumer Sales and Guarantees Directive, Article 3, 5.

The article compares and analyses the case law of the Supreme Court of Estonia on the question whether it is mandatory for a consumer to provide a seller an additional term for proper performance of an obligation. According to Directive 1999/44/EC Article 3 (5), a consumer may only have the contract rescinded in case the conditions named in the Article 3 (5) of the directive are met. The author of the article is of the opinion that according to the Estonian law, despite the ambiguous Supreme Court case law, it is not required for a consumer to request and provide the seller an additional term for proper performance of the obligation. The author finds that the consumer can withdraw from the contract in case the consumer has informed the seller of the deficiency, therefore creating the seller a chance to cure the non-performance.