Introductory examples revealing confusion and dissatisfaction. A couple bought a couch. After delivery, they noticed that the legs of the couch were not rectangular, as they ordered, but circular. After angry phone calls and letters to the retailer, they introduced an action before a Belgian court seeking to terminate the contract in order to get their money back. Against all expectations, the Court of Appeal of Ghent decided completely against the couple. According to the court, the couple had disregarded the consumer sales rules in the Civil Code, implementing the EU Consumer Sales Directive (CSD). They did not respect the strict hierarchy of remedies which favors repair or replacement over termination and price reduction: the buyers should have sued for repair or replacement instead of trying to terminate the contract. Moreover, they transgressed the notification rules: they should have notified the seller about the shortcoming, before calling upon a remedy (such as termination). This case shows that confusion reigns in the area of the hierarchy of consumer sales remedies.

Not only confusion reigns in this area, but also dissatisfaction. Think about the Volkswagen (VW) scandal: the car giant admitted in September 2015 that it had cheated on the emission tests of its diesel cars. The cars appear to be multiple times more polluting than measured in the emission tests. Both in the EU and in the US, VW has been obliged to remedy the shortcomings to the cars. In the US a huge product recall has taken place and VW announced that a certain number of VW owners would be eligible to receive $ 1,000 in vouchers. VW also considered real ‘compensation’ measures for the affected US VW car owners. The final outcome was even more generous for consumers. From October 2016 until May 2017, several settlements were approved by the United States District Court for the District of Northern California. The settlement provided consumers with the choice between a buyback or a modification (‘ repair ’). All owners will also be entitled to an additional cash payment, depending on the model, mileage, and features of the car.