Refurbished and Second-Hand Goods in Marketplaces: Liability Allocation and Proof of Latent Defects in the European Union
Adolfo García Mikulskyte
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Source: Crossref
Published: Oct 12, 2026
DOI: 10.7590/187714626x17882642322508
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This article examines the allocation of liability and evidentiary duties among sellers, refurbishers, and digital platforms in the European market for refurbished and second-hand goods. It analyses the interaction between Directive (EU) 2019/771, the General Product Safety Regulation (EU) 2023/988 (GPSR), and the Digital Services Act (EU) 2022/2065 (DSA), with particular attention to the legal position of professional refurbishers. The article proposes a liability attribution test for cross-border sales and an evidentiary protocol for latent defects based on traceable technical documentation. Comparative analysis of Germany, France, Italy, and the Netherlands highlights differences in national implementation and the need for greater consistency in enforcement.
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