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european consumer protection

European consumer law concerns consumer protection within Europe, particularly through European Union law and the European Convention on Human Rights. The European Consumer Agenda has several objectives: The Consumer Agenda also identifies challenges, such as moving towards more sustainable consumption and addressing the specific needs of vulnerable consumers. The interactive and online consumer education tool ‘Dolceta’ (http://europeanconsumersunion.eu/progetti/dolceta/?lang=en/) was available in all Member States and in all the official EU languages. In this report, Parliament explicitly mentions dual quality of identically branded products when discriminatory and not respecting consumer expectations. On 26 March 2019, Parliament adopted a legislative resolution on the proposal for a directive on representative actions for the protection of the collective interests of consumers[10].On 27 November 2019, Parliament adopted Directive (EU) 2019/2161 on better enforcement and modernisation of Union consumer protection rules[11]. The responsibility for their enforcement lies mainly with the national public authorities. Beyond these general principles, and outside specific sectors, there are four main Directives: the Product Liability Directive 1985, Unfair Terms in Consumer Contracts Directive 1993, Unfair Commercial Practices Directive 2005 and the Consumer Rights Directive 2011, requiring information and cancellation rights for consumers. The European Court of Justice has continually affirmed the importance of ensuring more consumer rights than in commercial contracts, both because of information asymmetry, and inequality of bargaining power.[3]. In Aziz v Caixa d'Estalvis de Catalunya, following the financial crisis of 2007–2008, the European Court of Justice advised that even terms regarding repossession of homes in Spain had to be assessed for fairness by national courts. Articles 4(2)(f), 12, 114 and 169 of the Treaty on the Functioning of the European Union (TFEU) and Article 38 of the Charter of Fundamental Rights of the European Union. In April  2020, a briefing was published on ‘Sustainable Consumption and Consumer Protection Legislation’, analysing how the sustainable consumption and longer lifetime of products can be promoted through consumer protection legislation. On 19 July 2018[12], Parliament published an own-initiative report drawn up by its Committee on Internal Market and Consumer Protection (IMCO) on dual quality of products in the single market, which was adopted on 13 September2018. [6] Under article 3(1) a term is unfair, and not binding, if it is not "individually negotiated| and "if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer". In accordance with Article 12 TFEU, consumer protection requirements must be taken into account in defining and implementing other EU policies and activities. Some cookies are necessary for the functioning of the website. SOLVIT is a service dedicated to resolving disputes resulting from breaches of EU law. Research carried out for the European Parliament indicated that while there is a lot of information available on the internet on consumer rights, this information is dispersed among numerous EU and national sources[6]. Further … The Your Europe portal[7] plays an important role in offering access to improved information on consumer policy and in gathering different information sources into one reference information centre. During the COVID-19 crisis, consumer protection became essential to ensure reimbursements for service cancellations and to combat the spread of misinformation and rogue traders selling false or non-conform medical equipment at inflated prices. Created with care by De Facto Image Building. 4. It creates strict enterprise liability for all producers and retailers for any harm to consumers from products, as a way to promote basic standards of health and safety. The Consumer Rights Awareness Campaign, organised by the Commission, took place from spring 2014 to early 2016, informing citizens of their rights under EU consumer law and pointing them to the right places where they could obtain advice and help should they have questions or problems. On 11 April 2018, the Commission announced the New Deal for Consumers, which aims to ensure greater effectiveness of the enforcement mechanisms. The new rules are designed to offer online shoppers in Europe better protection. It emphasises the objective of ensuring a high level of protection (including consumer protection) and keeping up with new developments based on scientific facts. Promoting consumer safety through the 2013 Product Safety and Market Surveillance Package, and in particular through enhanced product identification and traceability, measures reinforcing safety in the food chain and the new rules on the safety of cosmetic products introduced in mid-2013; Enhancing knowledge of consumer rights: interactive tools, such as the Consumer Classroom, have been developed to inform and educate consumers and help them to fully participate in the single market; Strengthening the enforcement of consumer rules through coordinated action against breaches of EU consumer law in the form of checks of websites (sweeps) by networks of national consumer protection authorities; and simple, fast and low-cost out-of-court procedures for consumers to seek redress available as a result of the. The European Consumer Consultative Group (ECCG) is the Commission’s main forum for consultation with national and European consumer organisations. Other cookies are optional. It aims to guarantee consumers rights vis-à-vis merchants and provide enhanced protection for vulnerable consumers[2].Consumer protection rules have the potential to improve market outcomes for the entire economy. Directive 97/7/EC, Treaty on the Functioning of the European Union, Markets in Financial Instruments Directive, https://en.wikipedia.org/w/index.php?title=European_consumer_law&oldid=986937969, Articles to be expanded from November 2015, Creative Commons Attribution-ShareAlike License, This page was last edited on 3 November 2020, at 21:29. In parallel, Parliament has been working on the future Digital Services Act, which aims to make e-commerce safer by implementing stronger enforcement measures to protect consumers in a digital environment effectively. As a whole, the law is designed to ensure that consumers in the EU are entitled to the same minimum rights wherever they make their transactional decisions, and largely follows inspiration from theories of consumer protection developed in California and the Consumer Bill of Rights proclaimed by John F. Kennedy in May 1962. In this sense, Article 169 strengthens Article 114 and broadens its remit beyond single market issues to include access to goods and services, access to the courts, the quality of public services, and certain aspects of nutrition, food, housing and health policy. The European Commission announced plans in April 2018 to strengthen consumer law and the coordination of consumer rights enforcement by national authorities. This list is generated based on data provided by CrossRef. This research paper had been requested by the IMCO Committee in the context of the future INI report entitled ‘Towards a more sustainable single market for business and consumers’. Is your question in relation to a trader or service provider based in another European Member State? European Banking Authority Report - Report on Consumer Trends, Supervisory Concerns Regarding Consumer Protection Issues in 2012/13 (18 March 2013) 15/03/2013 European Banking Authority Report - Financial Innovation and Consumer Protection - An overview of the objectives and work of the EBA’s Standing Committee on Financial Innovation (SCFI) in 2011-2012 (1 February 2012) On 12 December 2017, Parliament adopted Regulation (EU) 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws[9] in order to improve the effectiveness of the rules and procedures on cooperation between the national authorities responsible for the enforcement of consumer protection laws. The Court of Justice has continually affirmed that the Directive, as recital 16 states, "is based on the idea that the consumer is in a weak position vis-à-vis the seller or supplier, as regards both his bargaining power and his level of knowledge". This volume analyses the theory and practice of European consumer protection in the context of consolidation initiatives seen, inter alia, in the revision of the Consumer Acquis, the Draft Common Frame of Reference and the proposal for an EU Consumer Rights Directive.

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