Dangerous (unsafe) products and consumer protection: remedies in the event of a product safety recall (article 37 of Regulation 2023/988, on general product safety)

Manuel Jesús Marín López
September 2023

Abstract: Regulation 2023/988, of 10 May 2023, on general product safety, allows economic operators to request the return of unsafe marketed products. When they ask consumers to return these products, consumers can exercise rights, such as the repair of the good, its replacement or the reimbursement of certain amounts, under the terms provided in article 37 of the Regulation. The present article examines this precept, and analyzes each of these measures, its legal regime, the agents with active and passive standing, and the relationship they have with the remedies for lack of conformity regulated in the Directive 2019/771, of 20 May 2019, on certain aspects concerning contracts for the sale of goods.