Umweltfragen und Rechtsbehelfe nach dem EU-Kaufrecht

This paper explores how the principle of environmental protection, enshrined in national and European legal frameworks, influences consumer law, particularly the conformity of goods under Directive (EU) 2019/771. It highlights how product durability plays a central role in promoting environmentally friendly consumption by reducing waste and unnecessary replacement. Moreover, the paper examines the impact of violating public environmental regulations on the conformity of goods, referencing the European Court of Justice’s 2022 ruling in the context of the Dieselgate scandal. Finally, the paper warns against the potential misuse of consumer remedies, noting the risk that environmental protection may become instrumentalized to unjustly burden sellers who are often not responsible for legal violations committed by manufacturers. Finally, it stresses the need for a balanced approach that upholds consumer protection while preventing environmental and legal enforcement mechanisms from conflicting.