Mikolaj Zaleski B2

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Unit B2 Consumer contract and marketing law
The reform of EU consumer contract law The EU
project to harmonise consumer contract law
across the EU
Mikolaj ZaleskiB2 Consumer contract and
marketing law Health and Consumers Directorate
General, European Commission
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The reform of EU consumer law
Unit B2 Consumer contract and marketing law

• The issue
• EU consumer law is fragmented and outdated
• The cause of the fragmentation are the minimum
  harmonisation clauses in the directives.
• Business feel the effects of the fragmentation
  because of the conflict of law rules (Rome I)
• Consumers are subject to different levels of
  protection across the EU, and this affects their
  confidence in the Internal Market.

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Scope of the reform
Unit B2 Consumer contract and marketing law

• Consumer Sales
• Unfair Contract Terms
• Distance Selling
• Doorstep Selling
• Package Travel
• Timeshare (proposal in 2007)
• Price Indication
• Injunctions

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The objectives of the Reform
Unit B2 Consumer contract and marketing law

• Unlocking the internal market by removing
  regulatory barriers
• Improving and updating the EU consumer regulatory
  framework.

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How to achieve these objectives?
Unit B2 Consumer contract and marketing law

• Full v. minimum harmonisation
• Rationalisation (coherent regulation of
  commonalities) and modernisation (e.g.
  e-auctions)
• Simplification of the law
• Information campaigns, self regulation.

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Our vision
Unit B2 Consumer contract and marketing law

• We want to be able to tell consumers that they
  can shop with confidence in the Internal Market
  because their rights are the same across the EU
• We want to enable business to trade on the basis
  of one single set of contractual terms across the
  EU.

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The current consumer rights
Unit B2 Consumer contract and marketing law

• Right to information
• Right of withdrawal
• Legal guarantee for defective products
• Unfair terms in consumer contract.

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The Impact Assessment
Unit B2 Consumer contract and marketing law

• Problem definition incomplete B2C Internal
  Market
• Business reluctance to trade cross border
• Consumers have little confidence in cross border
  shopping

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Policy Options
Unit B2 Consumer contract and marketing law

• 6 Policy Options
• Status quo
• Non-regulatory actions (self regulation,
  information campaigns)
• Minimum regulatory changes
• Medium regulatory changes
• Maximum regulatory changes
• Full harmonisation internal market clause.

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The preferred Policy Option
Unit B2 Consumer contract and marketing law

• Full harmonisation of all the issues crucial for
  the internal market
• Optimal level of consumer protection
• Filling regulatory gaps
• Clarification of existing rules

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The preferred Policy Option
Unit B2 Consumer contract and marketing law

• Clear definitions (e.g. distance contracts,
  off-premises contracts, durable medium)
• Regulation of right to withdrawal
• Cooling off period of 14 days
• Uniform modalities of withdrawal
• Clear-cut solution of who pays for what in the
  case of withdrawal.

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The preferred Policy Option
Unit B2 Consumer contract and marketing law

• New rules on delivery and transfer of risk
• Risk passes when the goods are handed over to the
  consumer
• Remedies when a product is defective
• Unfair terms / small print
• Uniform grey and black lists

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Way forward
Unit B2 Consumer contract and marketing law

• A proposal for the Framework Directive on
  consumer contractual rights to be adopted by the
  end of 2008.
• Repeal of 4 existing Directives (Consumer Sales,
  Unfair Terms, Distance Contracts and Doorstep
  Selling).

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Unit B2 Consumer contract and marketing law

• Thank you for yourattention