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Article 38 - Consumer protection

Union policies shall ensure a high level of consumer protection.

    Text:

    The principles set out in this Article have been based on Article 169 of the Treaty on the Functioning of the European Union.

    Source:
    Official Journal of the European Union C 303/17 - 14.12.2007

    Preamble - Explanations relating to the Charter of Fundamental Rights:
    These explanations were originally prepared under the authority of the Praesidium of the Convention which drafted the Charter of Fundamental Rights of the European Union. Although they do not as such have the status of law, they are a valuable tool of interpretation intended to clarify the provisions of the Charter.

23 results found

  • Consumer Protection Act 1987
    URL:
    Consumer Protection Act 1987
    Country:
    United Kingdom

    Section 1 Purpose and construction of Part I. (1)This Part shall have effect for the purpose of making such provision as is necessary in order to comply with the product liability Directive and shall be construed accordingly. … Section 11 Safety regulations. (1)The Secretary of State may by regulations under this section ( “safety regulations”) make such provision as he considers appropriate. . . for the purpose of securing— (a)that goods to which this section applies are safe; (b)that goods to which this section applies which are unsafe, or would be unsafe in the hands of persons of a particular description, are not made available to persons generally or, as the case may be, to persons of that description; and (c)that appropriate information is, and inappropriate information is not, provided in relation to goods to which this section applies.

  • Consumer Rights Act 2015
    URL:
    Consumer Rights Act 2015
    Country:
    United Kingdom

    Section 9 Goods to be of satisfactory quality (1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory. (2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of— (a)any description of the goods, (b)the price or other consideration for the goods (if relevant), and (c)all the other relevant circumstances (see subsection (5)). (3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods— (a)fitness for all the purposes for which goods of that kind are usually supplied; (b)appearance and finish; (c)freedom from minor defects; (d)safety; (e)durability. (4)The term mentioned in subsection (1) does not cover anything which makes the quality of the goods unsatisfactory— (a)which is specifically drawn to the consumer’s attention before the contract is made, (b)where the consumer examines the goods before the contract is made, which that examination ought to reveal, or (c)in the case of a contract to supply goods by sample, which would have been apparent on a reasonable examination of the sample. (5)The relevant circumstances mentioned in subsection (2)(c) include any public statement about the specific characteristics of the goods made by the trader, the producer or any representative of the trader or the producer. (6)That includes, in particular, any public statement made in advertising or labelling. (7)But a public statement is not a relevant circumstance for the purposes of subsection (2)(c) if the trader shows that— (a)when the contract was made, the trader was not, and could not reasonably have been, aware of the statement, (b)before the contract was made, the statement had been publicly withdrawn or, to the extent that it contained anything which was incorrect or misleading, it had been publicly corrected, or (c)the consumer’s decision to contract for the goods could not have been influenced by the statement. (8)In a contract to supply goods a term about the quality of the goods may be treated as included as a matter of custom. (9)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract. Section 10 Goods to be fit for particular purpose (1)Subsection (3) applies to a contract to supply goods if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the goods. (2)Subsection (3) also applies to a contract to supply goods if— (a)the goods were previously sold by a credit-broker to the trader, (b)in the case of a sales contract or contract for transfer of goods, the consideration or part of it is a sum payable by instalments, and (c)before the contract is made, the consumer makes known to the credit-broker (expressly or by implication) any particular purpose for which the consumer is contracting for the goods. (3)The contract is to be treated as including a term that the goods are reasonably fit for that purpose, whether or not that is a purpose for which goods of that kind are usually supplied. (4)Subsection (3) does not apply if the circumstances show that the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the trader or credit-broker. (5)In a contract to supply goods a term about the fitness of the goods for a particular purpose may be treated as included as a matter of custom. (6)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract. Section 11 Goods to be as described (1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description. (2)If the supply is by sample as well as by description, it is not sufficient that the bulk of the goods matches the sample if the goods do not also match the description. (3)A supply of goods is not prevented from being a supply by description just because— (a)the goods are exposed for supply, and (b)they are selected by the consumer. (4)Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract. (5)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader. (6)See section 2(5) and (6) for the application of subsections (4) and (5) where goods are sold at public auction. (7)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract. Section 12 Other pre-contract information included in contract (1)This section applies to any contract to supply goods. (2)Where regulation 9, 10 or 13 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) required the trader to provide information to the consumer before the contract became binding, any of that information that was provided by the trader other than information about the goods and mentioned in paragraph (a) of Schedule 1 or 2 to the Regulations (main characteristics of goods) is to be treated as included as a term of the contract. (3)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader. (4)See section 2(5) and (6) for the application of this section where goods are sold at public auction. (5)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in the contract. Section 13 Goods to match a sample (1)This section applies to a contract to supply goods by reference to a sample of the goods that is seen or examined by the consumer before the contract is made. (2)Every contract to which this section applies is to be treated as including a term that— (a)the goods will match the sample except to the extent that any differences between the sample and the goods are brought to the consumer’s attention before the contract is made, and (b)the goods will be free from any defect that makes their quality unsatisfactory and that would not be apparent on a reasonable examination of the sample. (3)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract. Section 14 Goods to match a model seen or examined (1)This section applies to a contract to supply goods by reference to a model of the goods that is seen or examined by the consumer before entering into the contract. (2)Every contract to which this section applies is to be treated as including a term that the goods will match the model except to the extent that any differences between the model and the goods are brought to the consumer’s attention before the consumer enters into the contract. (3)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract. Section 15 Installation as part of conformity of the goods with the contract (1)Goods do not conform to a contract to supply goods if— (a)installation of the goods forms part of the contract, (b)the goods are installed by the trader or under the trader’s responsibility, and (c)the goods are installed incorrectly. (2)See section 19 for the effect of goods not conforming to the contract. Section 16 Goods not conforming to contract if digital content does not conform (1)Goods (whether or not they conform otherwise to a contract to supply goods) do not conform to it if— (a)the goods are an item that includes digital content, and (b)the digital content does not conform to the contract to supply that content (for which see section 42(1)). (2)See section 19 for the effect of goods not conforming to the contract. Section 17 Trader to have right to supply the goods etc (1)Every contract to supply goods, except one within subsection (4), is to be treated as including a term— (a)in the case of a contract for the hire of goods, that at the beginning of the period of hire the trader must have the right to transfer possession of the goods by way of hire for that period, (b)in any other case, that the trader must have the right to sell or transfer the goods at the time when ownership of the goods is to be transferred. (2)Every contract to supply goods, except a contract for the hire of goods or a contract within subsection (4), is to be treated as including a term that— (a)the goods are free from any charge or encumbrance not disclosed or known to the consumer before entering into the contract, (b)the goods will remain free from any such charge or encumbrance until ownership of them is to be transferred, and (c)the consumer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known. (3)Every contract for the hire of goods is to be treated as including a term that the consumer will enjoy quiet possession of the goods for the period of the hire except so far as the possession may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance disclosed or known to the consumer before entering into the contract. (4)This subsection applies to a contract if the contract shows, or the circumstances when they enter into the contract imply, that the trader and the consumer intend the trader to transfer only— (a)whatever title the trader has, even if it is limited, or (b)whatever title a third person has, even if it is limited. (5)Every contract within subsection (4) is to be treated as including a term that all charges or encumbrances known to the trader and not known to the consumer were disclosed to the consumer before entering into the contract. (6)Every contract within subsection (4) is to be treated as including a term that the consumer’s quiet possession of the goods— (a)will not be disturbed by the trader, and (b)will not be disturbed by a person claiming through or under the trader, unless that person is claiming under a charge or encumbrance that was disclosed or known to the consumer before entering into the contract. (7)If subsection (4)(b) applies (transfer of title that a third person has), the contract is also to be treated as including a term that the consumer’s quiet possession of the goods— (a)will not be disturbed by the third person, and (b)will not be disturbed by a person claiming through or under the third person, unless the claim is under a charge or encumbrance that was disclosed or known to the consumer before entering into the contract. (8)In the case of a contract for the hire of goods, this section does not affect the right of the trader to repossess the goods where the contract provides or is to be treated as providing for this. (9)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract. Section 18 No other requirement to treat term about quality or fitness as included (1)Except as provided by sections 9, 10, 13 and 16, a contract to supply goods is not to be treated as including any term about the quality of the goods or their fitness for any particular purpose, unless the term is expressly included in the contract. (2)Subsection (1) is subject to provision made by any other enactment (whenever passed or made).

  • Constitutión Española
    URL:
    Constitutión Española
    Country:
    Spain

    Artículo 51 1. Los poderes públicos garantizarán la defensa de los consumidores y usuarios, protegiendo, mediante procedimientos eficaces, la seguridad, la salud y los legítimos intereses económicos de los mismos. 2. Los poderes públicos promoverán la información y la educación de los consumidores y usuarios, fomentarán sus organizaciones y oirán a éstas en las cuestiones que puedan afectar a aquéllos, en los términos que la ley establezca.3. En el marco de lo dispuesto por los apartados anteriores, la ley regulará el comercio interior y el régimen de autorización de productos comerciales.

  • Constitution of the Kingdom of Spain
    URL:
    Constitution of the Kingdom of Spain
    Country:
    Spain

    Article 511. The public authorities shall guarantee the protection of consumers and users and shall, by means of effective measures, safeguard their safety, health and legitimate economic interests. 2. The public authorities shall promote the information and education of consumers and users, foster their organizations, and hear them on those matters affecting their members, under the terms established by law. (…) 3. Within the framework of the provisions of the foregoing paragraphs, the law shall regulate domestic trade and the system of licensing commercial products.

  • ACT
    URL:
    ACT
    Country:
    Slovakia

    Article I (General provisions)§1 - Subject and scope of the Act(1) This Act governs the rights of consumers and the obligations of producers, traders, importers and suppliers, the competency of public administration authorities with respect to consumer protection, and the position of legal persons created or established for the purpose of consumer protection (hereinafter only the “association”).(2) This Act applies to the sale of products and provision of services, where performance is being delivered in the territory of the Slovak Republic or where performance concerns business activities in the Slovak Republic.

  • Constituição da República Portuguesa
    URL:
    Constituição da República Portuguesa
    Country:
    Portugal

    Artigo 60.º (Direitos dos consumidores) 1. Os consumidores têm direito à qualidade dos bens e serviços consumidos, à formação e à informação, à protecção da saúde, da segurança e dos seus interesses económicos, bem como à reparação de danos. 2. A publicidade é disciplinada por lei, sendo proibidas todas as formas de publicidade oculta, indirecta ou dolosa. 3. As associações de consumidores e as cooperativas de consumo têm direito, nos termos da lei, ao apoio do Estado e a ser ouvidas sobre as questões que digam respeito à defesa dos consumidores, sendo-lhes reconhecida legitimidade processual para defesa dos seus associados ou de interesses colectivos ou difusos. Artigo 52.º (Direito de petição e direito de acção popular) 1. Todos os cidadãos têm o direito de apresentar, individual ou colectivamente, aos órgãos de soberania, aos órgãos de governo próprio das regiões autónomas ou a quaisquer autoridades petições, representações, reclamações ou queixas para defesa dos seus direitos, da Constituição, das leis ou do interesse geral e, bem assim, o direito de serem informados, em prazo razoável, sobre o resultado da respectiva apreciação. 2. A lei fixa as condições em que as petições apresentadas colectivamente à Assembleia da República e às Assembleias Legislativas das regiões autónomas são apreciadas em reunião plenária. 3. É conferido a todos, pessoalmente ou através de associações de defesa dos interesses em causa, o direito de acção popular nos casos e termos previstos na lei, incluindo o direito de requerer para o lesado ou lesados a correspondente indemnização, nomeadamente para: a) Promover a prevenção, a cessação ou a perseguição judicial das infracções contra a saúde pública, os direitos dos consumidores, a qualidade de vida, a preservação do ambiente e do património cultural; b) Assegurar a defesa dos bens do Estado, das regiões autónomas e das autarquias locais.

  • Constitution of the Portuguese Republic
    URL:
    Constitution of the Portuguese Republic
    Country:
    Portugal

    Article 60 (Consumer rights) (1) Consumers have the right to the good quality of the goods and services consumed, to training and information, to the protection of health, safety and their economic interests, and to reparation for damages. (2) Advertising shall be disciplined by law and all forms of concealed, indirect or fraudulent advertising are prohibited. (3) Consumers’ associations and consumer cooperatives have the right, as laid down by law, to receive support from the state and to be consulted in relation to consumer-protection issues, and are accorded legitimatio ad causam in defence of their members or of collective or general interests. Article 52 (Right to petition and right of actio popularis) (1) Every citizen has the right to individually, or jointly with others, submit petitions, representations, claims or complaints in defence of their rights, the Constitution, the laws or the general interest to the entities that exercise sovereignty, the self-government organs of the autonomous regions, or any authority, as well as the right to be informed of the result of the consideration thereof within a reasonable time limit. (2) The law shall lay down the terms under which collective petitions that are submitted to the Assembly of the Republic and the Legislative Assemblies of the autonomous regions are considered in plenary sitting. (3) Everyone is granted the right of actio popularis, including the right to apply for the applicable compensation for an aggrieved party or parties, in the cases and under the terms provided for by law, either personally or via associations that purport to defend the interests in question. The said right may particularly be exercised in order to: (a) Promote the prevention, cessation or judicial prosecution of offences against public health, consumer rights, the quality of life or the preservation of the environment and the cultural heritage; (b) Safeguard the property of the state, the autonomous regions and local authorities.

  • Constitution of the Republic of Poland
    URL:
    Constitution of the Republic of Poland
    Country:
    Poland

    Article 76Public authorities shall protect consumers, customers, hirers or lessees against activities threatening their health, privacy and safety, as well as against dishonest market practices. The scope of such protection shall be specified by statute.

  • Konstytucja Rzeczypospolitej Polskiej
    URL:
    Konstytucja Rzeczypospolitej Polskiej
    Country:
    Poland

    Art. 76Władze publiczne chronią konsumentów, użytkowników i najemców przed działaniami zagrażającymi ich zdrowiu, prywatności i bezpieczeństwu oraz przed nieuczciwymi praktykami rynkowymi. Zakres tej ochrony określa ustawa.

  • Constitution of the Republic of Lithuania
    URL:
    Constitution of the Republic of Lithuania
    Country:
    Lithuania

     Article 46. The State shall defend the interests of the consumer.

  • Lietuvos Respublikos Konstitucija
    URL:
    Lietuvos Respublikos Konstitucija
    Country:
    Lithuania

    46 straipsnis. Valstybė gina vartotojo interesus.

  • Consumer Rights Protection Law
    URL:
    Consumer Rights Protection Law
    Country:
    Latvia

    Section 2 - purpose of this Law is to ensure that consumers are able to exercise and protect their lawful rights when entering into contracts with manufacturers, sellers or service providers.

  • Consumer Protection Act 2007
    URL:
    Consumer Protection Act 2007
    Country:
    Ireland

    An act to give effect to the Unfair Commercial Practices Directive (Directive no. 2005/29/EC of the European Parliament and of the Council of 11 May 2005), (...)

  • Magyarország Alaptörvénye
    URL:
    The Fundamental Law of Hungary
    Country:
    Hungary

    M) cikk (Alapvetés) […] (2) Magyarország biztosítja a tisztességes gazdasági verseny feltételeit. Magyarország fellép az erőfölénnyel való visszaéléssel szemben, és védi a fogyasztók jogait.

  • The Fundamental Law of Hungary
    URL:
    The Fundamental Law of Hungary
    Country:
    Hungary

    Article M (Foundation) […] (2) Hungary shall ensure the conditions for fair economic competition. Hungary shall act against any a buse of a dominant position, and shall protect the rights of consumers.

  • Consumer Code (Legislative Part)
    URL:
    Consumer Code (Legislative Part)
    Country:
    France
  • Consumer Protection Act
    URL:
    Consumer Protection Act
    Country:
    Finland

    (38/1978; amendments up to 29/2005 included)

  • Consumer Protection Act
    URL:
    Consumer Protection Act
    Country:
    Estonia

    § 1. Scope of application of Act. (...) (2) The purpose of this Act is to safeguard consumer rights. (…)

  • Tarbijakaitseseadus
    URL:
    Tarbijakaitseseadus
    Country:
    Estonia

    § 1. Seaduse reguleerimisala. (...) (2) Käesolev seadus kehtestatakse tarbija õiguste tagamiseks. (…)

  • Constitution of the Republic of Croatia
    URL:
    Constitution of the Republic of Croatia
    Country:
    Croatia

0 results found