Description:
<jats:p>The author starts by describing the possible methods of implementing the Directive. In this context, fragmentation of the Law of Sales and its consequences are addressed. The Austrian situation is used as an example of the importance of this (formal) issue. After this general introduction to the problems inherent in the process of implementation the proposal for a new regime on <jats:italic>Gewährleistung</jats:italic> is discussed. Basically, three main points of interest can be discerned: the attempt to reform the general sales law — as opposed to creating a separate consumer sales law; the implementation of the right to redress; and the impact of the Directive on the regime of damages. With regard to the latter issue, it is interesting to note how legal viewpoints can differ within the European Union even though they have in common the Directive as point of departure. In addition, a brief overview of the other problems posed by the Directive aims to provide a coherent picture of the impact of the Directive on Austrian Law.</jats:p>