ON THE IMPLEMENTATION AND HARMONIZATION OF THE EUROPEAN DIRECTIVE ON THE SALE AND SUPPLY OF DIGITAL CONTENT IN EU MEMBER STATES
In the article, the author considers the issues of implementation and harmonization of the new Directives on the sales and deliveries of digital content and services in the countries of the European Union. In both countries the national legislators decided to integrate the consumer sales directive 44/99 into the codified systems. In author’s opinion the full harmonization requirement should not prevent a verification of the legality of the «negative agreement», even if the additional qualified consent has been accomplished. It is, however, very likely that this very particular problem will be finally decided by the Court of Justice. The full harmonization will cause ambiguity concerning its range and it is one of the examples that the scope of the admissibility of the «negative agreement» cannot be determined in advance.