55The apportionment of the burden of proof under Article 5(3) of Directive 1999/44 is, in accordance with Article 7 of that directive, binding in nature both for the parties, who may not derogate from it by means of an agreement, and for the Member States, which must ensure that it is complied with. It follows that that rule relating to the burden of proof must be applied even though it has not been expressly relied on by the consumer who may benefit from it.
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