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Artikolu 38 - Protezzjoni tal-konsumatur

Il-politika ta' l-Unjoni għandha tiżgura livell għoli ta' protezzjoni tal-konsumatur.

    Text:

    Il-prinċipji stabbiliti f'dan l-Artikolu ġew ibbażati fuq l-Artikolu 169 tat-Trattat dwar il-Funzjonament ta' l-Unjoni Ewropea.

    Source:
    Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea C 303/17 - 14.12.2007

    Preamble - Explanations relating to the Charter of Fundamental Rights:
    Dawn l-ispjegazzjonijiet ġew imħejjija oriġinarjament taħt ir-responsabbiltà tal-Praesidium tal-Konvenzjoni li abbozza l-Karta tad-Drittijiet Fundamentali ta' l-Unjoni Ewropea. Huma ġew aġġornati taħt ir-responsabbiltà tal-Praesidium tal-Konvenzjoni Ewropea, fid-dawl ta' l-aġġustamenti li saru għat-test tal-Karta minn dik il-Konvenzjoni (partikolarment fl-Artikoli (51 U 52) u ta' l-evoluzzjoni fil-liġi ta' l-Unjoni. Għalkemm dawn l-ispjegazzjonijiet m'għandhomx fihom infushom l-istatus ta' liġi, huma mezz siewi ta' interpretazzjoni intiż sabiex ikunu ċċarati d-dispożizzjonijiet tal-Karta.

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

1 results found

  • The United Nations Guidelines for Consumer Protection (UNGCP) - Revised
    URL:
    (The United Nations Guidelines for Consumer Protection)

    III. General principles ‘4. Member States should develop, strengthen or maintain a strong consumer protection policy, taking into account the guidelines set out below and relevant international agreements. In so doing, each Member State must set its own priorities for the protection of consumers in accordance with the economic, social and environmental circumstances of the country and the needs of its population, and bearing in mind the costs and benefits of proposed measures. 5. The legitimate needs which the guidelines are intended to meet are the following: (a) Access by consumers to essential goods and services; (b) The protection of vulnerable and disadvantaged consumers; (c) The protection of consumers from hazards to their health and safety; (d) The promotion and protection of the economic interests of consumers; (e) Access by consumers to adequate information to enable them to make informed choices according to individual wishes and needs; (f) Consumer education, including education on the environmental, social and economic consequences of consumer choice; (g) Availability of effective consumer dispute resolution and redress; (h) Freedom to form consumer and other relevant groups or organizations and the opportunity of such organizations to present their views in decision-making processes affecting them; (i) The promotion of sustainable consumption patterns; (j) A level of protection for consumers using electronic commerce that is not less than that afforded in other forms of commerce; (k) The protection of consumer privacy and the global free flow of information. 6. Unsustainable patterns of production and consumption, particularly in industrialized countries, are the major cause of the continued deterioration of the global environment. All Member States should strive to promote sustainable consumption patterns; developed countries should take the lead in achieving sustainable consumption patterns; developing countries should seek to achieve sustainable consumption patterns in their development process, having due regard for the principle of common but differentiated responsibilities. The special situation and needs of developing countries in this regard should be fully taken into account. 7. Policies for promoting sustainable consumption should take into account the goals of eradicating poverty, satisfying the basic human needs of all members of society and reducing inequality within and between countries. 8. Member States should provide or maintain adequate infrastructure to develop, implement and monitor consumer protection policies. Special care should be taken to ensure that measures for consumer protection are implemented for the benefit of all sectors of the population, particularly the rural population and people living in poverty. 9. All enterprises should obey the relevant laws and regulations of the countries in which they do business. They should also conform to the appropriate provisions of international standards for consumer protection to which the competent authorities of the country in question have agreed. (Hereinafter, references to international standards in the guidelines should be viewed in the context of this paragraph.) 10. The potential positive role of universities and public and private enterprises in research should be considered when developing consumer protection policies.‘ IV. Principles for good business practices ‘11. The principles that establish benchmarks for good business practices for conducting online and offline commercial activities with consumers are as follows: (a) Fair and equitable treatment. Businesses should deal fairly and honestly with consumers at all stages of their relationship, so that it is an integral part of the business culture. Businesses should avoid practices that harm consumers, particularly with respect to vulnerable and disadvantaged consumers; (b) Commercial behaviour. Businesses should not subject consumers to illegal, unethical, discriminatory or deceptive practices, such as abusive marketing tactics, abusive debt collection or other improper behaviour that may pose unnecessary risks or harm consumers. Businesses and their authorized agents should have due regard for the interests of consumers and responsibility for upholding consumer protection as an objective; (c) Disclosure and transparency. Businesses should provide complete, accurate and not misleading information regarding the goods and services, terms, conditions, applicable fees and final costs to enable consumers to take informed decisions. Businesses should ensure easy access to this information, especially to the key terms and conditions, regardless of the means of technology used; (d) Education and awareness-raising. Businesses should, as appropriate, develop programmes and mechanisms to assist consumers to develop the knowledge and skills necessary to understand risks, including financial risks, to take informed decisions and to access competent and professional advice and assistance, preferably from an independent third party, when needed; (e) Protection of privacy. Businesses should protect consumers’ privacy through a combination of appropriate control, security, transparency and consent mechanisms relating to the collection and use of their personal data; (f) Consumer complaints and disputes. Businesses should make available complaints-handling mechanisms that provide consumers with expeditious, fair, transparent, inexpensive, accessible, speedy and effective dispute resolution without unnecessary cost or burden. Businesses should consider subscribing to domestic and international standards pertaining to internal complaints handling, alternative dispute resolution services and customer satisfaction codes.‘

7 results found

  • Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (recast)
    URL:
    (Directive on insurance distribution)

    ‘(16) This Directive should ensure that the same level of consumer protection applies and that all consumers can benefit from comparable standards. This Directive should promote a level playing field and competition on equal terms between intermediaries, whether or not they are tied to an insurance undertaking. There is a benefit to consumers if insurance products are distributed through different channels and through intermediaries with different forms of cooperation with insurance undertakings, provided that they are required to apply similar rules on consumer protection. Such concerns should be taken into account by the Member States in the implementation of this Directive.‘ ‘(43) As this Directive aims to enhance consumer protection, some of its provisions are only applicable in ‘business to consumer’ relationships, especially those which regulate conduct of business rules of insurance intermediaries or of other sellers of insurance products.‘

  • Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC
    URL:
    (Directive on consumer ADR)

    Preamble: ‘(2) In accordance with Article 26(2) TFEU, the internal market is to comprise an area without internal frontiers in which the free movement of goods and services is ensured. The internal market should provide consumers with added value in the form of better quality, greater variety, reasonable prices and high safety standards for goods and services, which should promote a high level of consumer protection.‘ ‘(4) Ensuring access to simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from sales or service contracts should benefit consumers and therefore boost their confidence in the market. That access should apply to online as well as to offline transactions, and is particularly important when consumers shop across borders.‘ Article 1 - Subject matter ‘The purpose of this Directive is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market by ensuring that consumers can, on a voluntary basis, submit complaints against traders to entities offering independent, impartial, transparent, effective, fast and fair alternative dispute resolution procedures. This Directive is without prejudice to national legislation making participation in such procedures mandatory, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system.‘

  • Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union
    URL:
    (Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions)

    Preamble ‘(13) The right to compensation is recognised for any natural or legal person — consumers, undertakings and public authorities alike — irrespective of the existence of a direct contractual relationship with the infringing undertaking, and regardless of whether or not there has been a prior finding of an infringement by a competition authority. This Directive should not require Member States to introduce collective redress mechanisms for the enforcement of Articles 101 and 102 TFEU. Without prejudice to compensation for loss of opportunity, full compensation under this Directive should not lead to overcompensation, whether by means of punitive, multiple or other damages. (41) Depending on the conditions under which undertakings are operating, it may be commercial practice to pass on price increases down the supply chain. Consumers or undertakings to whom actual loss has thus been passed on have suffered harm caused by an infringement of Union or national competition law. While such harm should be compensated for by the infringer, it may be particularly difficult for consumers or undertakings that did not themselves make any purchase from the infringer to prove the extent of that harm. It is therefore appropriate to provide that, where the existence of a claim for damages or the amount of damages to be awarded depends on whether or to what degree an overcharge paid by a direct purchaser from the infringer has been passed on to an indirect purchaser, the latter is regarded as having proven that an overcharge paid by that direct purchaser has been passed on to its level where it is able to show prima facie that such passing-on has occurred. This rebuttable presumption applies unless the infringer can credibly demonstrate to the satisfaction of the court that the actual loss has not or not entirely been passed on to the indirect purchaser. It is furthermore appropriate to define under what conditions the indirect purchaser is to be regarded as having established such prima facie proof. As regards the quantification of passing-on, national courts should have the power to estimate which share of the overcharge has been passed on to the level of indirect purchasers in disputes pending before them. Article 3 - Right to full compensation ‘1. Member States shall ensure that any natural or legal person who has suffered harm caused by an infringement of competition law is able to claim and to obtain full compensation for that harm. 2. Full compensation shall place a person who has suffered harm in the position in which that person would have been had the infringement of competition law not been committed. It shall therefore cover the right to compensation for actual loss and for loss of profit, plus the payment of interest. 3. Full compensation under this Directive shall not lead to overcompensation, whether by means of punitive, multiple or other types of damages.‘

  • Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 Text ...
    URL:
    (Directive on credit agreements for consumers relating to residential immovable property)

    Preamble: ‘(5) In order to facilitate the emergence of a smoothly functioning internal market with a high level of consumer protection in the area of credit agreements relating to immovable property and in order to ensure that consumers looking for such agreements are able to do so confident in the knowledge that the institutions they interact with act in a professional and responsible manner, an appropriately harmonised Union legal framework needs to be established in a number of areas, taking into account differences in credit agreements arising in particular from differences in national and regional immovable property markets. (6) This Directive should therefore develop a more transparent, efficient and competitive internal market, through consistent, flexible and fair credit agreements relating to immovable property, while promoting sustainable lending and borrowing and financial inclusion, and hence providing a high level of consumer protection.‘

  • Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features Text with EEA relevance
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    (Directive on the comparability of fees related to payment accounts, payment account switching and access to payment accounts)

    Preamble: ‘(25) The process for switching payment accounts should be harmonised across the Union. At present, existing measures at national level are extremely diverse and do not guarantee an adequate level of consumer protection in all Member States. The provision of legislative measures establishing the main principles to be followed by payment service providers when providing such a service in each Member State would improve the functioning of the internal market for both consumers and payment service providers. On the one hand, it would guarantee a level playing field for consumers who may be interested in opening a payment account in a different Member State, as it would ensure that an equivalent level of protection is offered. On the other hand, it would reduce the differences between the regulatory measures in place at national level and would therefore reduce the administrative burden for payment service providers which intend to offer their services on a cross-border basis. As a consequence, the measures on switching would facilitate the provision of services related to payment accounts within the internal market.‘

  • Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004
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    (Regulation on cooperation between national authorities responsible for the enforcement of consumer protection laws)

    Article 1 - Subject matter ‘This Regulation lays down the conditions under which competent authorities, having been designated by their Member States as responsible for the enforcement of Union laws that protect consumers’ interests, cooperate and coordinate actions with each other and with the Commission, in order to enforce compliance with those laws and to ensure the smooth functioning of the internal market, and in order to enhance the protection of consumers’ economic interests.‘

  • Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC
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    (Regulation on online dispute resolution for consumer disputes)

    Preamble: ‘(2) In accordance with Article 26(2) TFEU, the internal market is to comprise an area without internal frontiers in which the free movement of goods and services is ensured. In order for consumers to have confidence in and benefit from the digital dimension of the internal market, it is necessary that they have access to simple, efficient, fast and low-cost ways of resolving disputes which arise from the sale of goods or the supply of services online. This is particularly important when consumers shop cross-border.‘ ‘(4) Fragmentation of the internal market impedes efforts to boost competitiveness and growth. Furthermore, the uneven availability, quality and awareness of simple, efficient, fast and low-cost means of resolving disputes arising from the sale of goods or provision of services across the Union constitutes a barrier within the internal market which undermines consumers’ and traders’ confidence in shopping and selling across borders.‘ ‘(13) The definition of ‘consumer’ should cover natural persons who are acting outside their trade, business, craft or profession. However, if the contract is concluded for purposes partly within and partly outside the person’s trade (dual purpose contracts) and the trade purpose is so limited as not to be predominant in the overall context of the supply, that person should also be considered as a consumer.‘ ‘(14) The definition of ‘online sales or service contract’ should cover a sales or service contract where the trader, or the trader’s intermediary, has offered goods or services through a website or by other electronic means and the consumer has ordered those goods or services on that website or by other electronic means. This should also cover cases where the consumer has accessed the website or other information society service through a mobile electronic device such as a mobile telephone.‘ Article 1 - Subject matter ‘The purpose of this Regulation is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market, and in particular of its digital dimension by providing a European ODR platform (‘ODR platform’) facilitating the independent, impartial, transparent, effective, fast and fair out-of-court resolution of disputes between consumers and traders online.‘