How the EU got me a free iPhone

Knowing EU law is more useful than it seems, as Jon Worth found out.

My 16 month old iPhone 4S had a hardware fault: the power button on the top of the phone would not press properly, it was partially stuck. You had to push the button with all your might to get the thing to turn off, or just to turn off the screen. It turns out this is a very common iPhone 4 and 4S problem – see here, as well as numerous similar posts on Apple’s forums.

I’d bought the phone from the Apple Store online, so had to go to an Apple Store to get someone to have a look at it. There is no store in Copenhagen or Brussels, so I went to the Geneva store when I was working in Switzerland last week. I booked my appointment at Genius Bar, and – in French – started to explain my problem. Barely had I got to the end of the sentence and the guy knew exactly what I was about to report… but he couldn’t help me. My phone was out of warranty, and I had not bought it in Switzerland.

The latter is important, because my case for getting a new phone, for free, from Apple, was by citing Directive 1999/44/EC about guarantees for electronic goods in the EU. This basically says that if a fault was in the product when it was purchased, the manufacturer will have to take it back and replace it within the first 2 years – i.e. double the 1 year warranty that Apple gives. More details about the Directive here, and a legal case about it in Belgium here. I’d purchased my phone direct from Apple, that’s why I needed to go to them for the replacement. If I had the phone on a contract from O2 or Vodafone or whoever, I would have had to do all of this via the mobile phone company instead.

Anyway, the guy in the Geneva store said that I better phone Apple’s main European call centre in Ireland and see what they say, as Geneva could not make a judgment on the applicability of EU law. So back at my hotel I called the call centre in Ireland. It took 30 minutes on the phone, and my call was referred to three different staff. My line was clear and persistent:

  • The fault with the power button is well known
  • The phone was purchased in the EU (shipped from Ireland to a UK address)
  • That hence EU law should apply, and I should be entitled to a new phone even though I was beyond Apple’s own 12 month warranty

The most senior person I spoke to was most amenable. Rather than ask about the phone directly, he asked about my history as a purchaser of Apple products. I’ve only had Apple computers since 1994, and said so. He even asked for the serial number of my MacBook Pro to check I was telling the truth – giving this reassured him that I was. He then said that, in this case, they would be willing to make an exception… So he put a note on my record with Apple, and said I could go to any Apple Store to get a replacement.

So off I went back to the Geneva store to collect my replacement phone. “Comment est-ce que vous avez réussi à obtenir cela?” [How did you get that?] the guy there asked me. “Enfin, la raison que je suis à Genève aujourd’hui est pour donner des cours en politique de l’UE… donc je connais mes droits comme consommateur en droit européen!” [The reason I'm in Geneva today is to give courses in the politics of the EU… so I know my rights as a consumer under European law!] So I handed in the old phone, received the new one from the store, and off I went. Mission accomplished.

This was originally posted on Jon's blog, and has been reposted here with permission.

Photograph: bredgur/flickr, CC-BY-SA

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Why Clive Lewis was furious when a Trident pledge went missing from his speech

The shadow defence secretary is carving out his own line on security. 

Clive Lewis’s first conference speech as shadow defence secretary has been overshadowed by a row over a last-minute change to his speech, when a section saying that he “would not seek to change” Labour’s policy on renewing Trident submarines disappeared.

Lewis took the stage expecting to make the announcement and was only notified of the change via a post-it note, having reportedly signed it of with the leader’s office in advance. 

Lewis was, I’m told, “fucking furious”, and according to Kevin Schofield over at PoliticsHome, is said to have “punched a wall” in anger at the change. The finger of blame is being pointed at Jeremy Corbyn’s press chief, Seumas Milne.

What’s going on? The important political context is the finely-balanced struggle for power on Labour’s ruling national executive committee, which has tilted away from Corbyn after conference passed a resolution to give the leaders of the Welsh and Scottish parties the right to appoint a representative each to the body. (Corbyn, as leader, has the right to appoint three.)  

One of Corbyn’s more resolvable headaches on the NEC is the GMB, who are increasingly willing to challenge  the Labour leader, and who represent many of the people employed making the submarines themselves. An added source of tension in all this is that the GMB and Unite compete with one another for members in the nuclear industry, and that being seen to be the louder defender of their workers’ interests has proved a good recruiting agent for the GMB in recent years. 

Strike a deal with the GMB over Trident, and it could make passing wider changes to the party rulebook through party conference significantly easier. (Not least because the GMB also accounts for a large chunk of the trade union delegates on the conference floor.) 

So what happened? My understanding is that Milne was not freelancing but acting on clear instruction. Although Team Corbyn are well aware a nuclear deal could ease the path for the wider project, they also know that trying to get Corbyn to strike a pose he doesn’t agree with is a self-defeating task. 

“Jeremy’s biggest strength,” a senior ally of his told me, “is that you absolutely cannot get him to say something he doesn’t believe, and without that, he wouldn’t be leader. But it can make it harder for him to be the leader.”

Corbyn is also of the generation – as are John McDonnell and Diane Abbott – for whom going soft on Trident was symptomatic of Neil Kinnock’s rightward turn. Going easy on this issue was always going be nothing doing. 

There are three big winners in all this. The first, of course, are Corbyn’s internal opponents, who will continue to feel the benefits of the GMB’s support. The second is Iain McNicol, formerly of the GMB. While he enjoys the protection of the GMB, there simply isn’t a majority on the NEC to be found to get rid of him. Corbyn’s inner circle have been increasingly certain they cannot remove McNicol and will insead have to go around him, but this confirms it.

But the third big winner is Lewis. In his praise for NATO – dubbing it a “socialist” organisation, a reference to the fact the Attlee government were its co-creators – and in his rebuffed attempt to park the nuclear issue, he is making himeslf the natural home for those in Labour who agree with Corbyn on the economics but fear that on security issues he is dead on arrival with the electorate.  That position probably accounts for at least 40 per cent of the party membership and around 100 MPs. 

If tomorrow’s Labour party belongs to a figure who has remained in the trenches with Corbyn – which, in my view, is why Emily Thornberry remains worth a bet too – then Clive Lewis has done his chances after 2020 no small amount of good. 

Stephen Bush is special correspondent at the New Statesman. He usually writes about politics.