Recently I contacted Microsoft technical support over a product that has some serious issues. Basically they tell me that they have no intention of paying for the repair even though the product is under warranty, in blatant violation of European law.
Under the EU Consumer Protection Act, which I believe is what you are referring to, it is the responsibility of the retailer to deal with faulty products, and not the manufacturer.
In this case MS is the manufacturer and not the retailer so they are not obliged to help you.
I suggest you take the product back to the retailer, as they are responsible for any claims under the consumer protection laws.
Or, more likely, Microsoft provided the OEM with one of the many components used in the product.
Microsoft, of course, has no control over what the OEM does with it, and doesn't know unless it goes out and buys the product.
Where things get interesting is when Microsoft ships an update directly to the user. This is something the OEM has no control over.....
> Within six months from receipt of the goods, you just need to show the trader that they are faulty or not as advertised. But, after six months in most EU countries you also need to prove yourself that the defect already existed on receipt of the goods, for example, by showing that the defect is due to the poor quality of materials used.
I have successfully used the EU consumer protection laws to have Apple replace a faulty battery on a laptop that was around 20 months old.
Go to the Apple website today and you'll notice clear disclaimers that their warranty doesn't override a consumer's rights.