European UnionThe product seller says the manufacturer is responsible, not them. Is the seller ever liable?
Yes, the seller is always liable to the consumer under EU law — they cannot avoid responsibility by blaming the manufacturer.
What the Law Says
EU law places strict, direct liability on the seller toward the consumer for defective products — even if the defect originated with the manufacturer.
Under the EU Directive on certain aspects of the sale of consumer goods and associated guarantees (1999/44/EC), the seller is legally responsible to the consumer for any lack of conformity that exists at the time the goods were delivered.
This means if a product is faulty, unsafe, or does not match its description or intended use, the consumer can claim directly against the seller — no need to prove negligence or identify the manufacturer.
The seller cannot exclude or limit this liability by contract, notice, or statement (e.g., 'manufacturer only is responsible'). Such disclaimers are void under EU law.
Statutory TextThe seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.
— Directive 1999/44/EC, Art. 3(1) — Liability of the seller
Statutory TextThe seller may not invoke a clause excluding or limiting his liability vis-à-vis the consumer.
— Directive 1999/44/EC, Art. 7 — Prohibition of derogation
What Courts Have Said
EU courts have consistently upheld the seller’s non-derogable liability to consumers, rejecting attempts to shift blame upstream.
The CJEU ruled that national laws must ensure the seller bears full liability to the consumer — contractual clauses shifting liability to the manufacturer are unenforceable against the consumer.
The Court confirmed that the two-year legal guarantee period runs from delivery, and the seller remains liable even if the defect becomes apparent only after repair attempts by the manufacturer.
What to Do
Contact the seller in writing (email or letter) stating the defect and requesting repair, replacement, price reduction, or refund.
Keep proof of purchase (receipt, order confirmation) and evidence of the defect (photos, videos, expert report).
If the seller refuses, file a complaint with your national consumer authority (e.g., BEUC member organisation) or seek mediation.
As a last resort, bring a claim in your local court — no need to sue the manufacturer first.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.