Legal Literature

Consumer Sales and Guarantees Directive, Article 7, 2. Consumer Rights Directive, Recitals, (10)

This article discusses the interaction between the conflict of law provisions of the consumer protection directives (including Directive 1999/44/EC and 2011/83/EU) and the conflict of law provisions of the Rome I regulation. The article also analyses whether the Estonian Law of Obligation Act's conflict of law rules comply with the consumer-related directives.
The authors are of the opinion that the level of consumer protection afforded by Rome I seems to allow for a waiver of the simultaneously existing directive-based conflict rules. The authors find that such renunciation would resolve the issue of inaccurate transposition to national laws (also by the Estonian legislator) and contribute to legal certainty. The authors find that the conflict rules of the Law of Obligations Acts of Estonia, which transpose the consumer directive provisions, are also not to be viewed as overriding mandatory rules in the sense of Article 9 of Rome I but are deemed to be only domestically mandatory.