Consumer protection guaranteed by Council Directive 93/13/EEC

7.11.2019

Question for written answer E-003695/2019
to the Commission
Rule 138
Miroslav Radačovský (NI)

 

Act No 150/2004 transposed Council Directive 93/13/EEC on unfair terms in consumer contracts into the Slovak Civil Code (Act No 40/1964, as amended). The Directive must be used as an interpretative rule for provisions governing the consumer contract regime, which is supported by the judgments of the ECJ in Cases C-240/98 to C-244/98 Océano Grupo Editorial SA against Roció Murciano Quintero and Salvat Editores SA against José M. Sánchez Alcón Prades, José Luis Copano Badillo, Mohammed Berroane and Emilio Vinas Feliú. The ECJ notes that effective consumer protection can only be achieved if a national court declares that it has the power to assess unfair terms of its own motion.

However, the amendment appears to be merely a pro forma amendment. It is clear from practice that the courts do not keep court registers and thus do not provide consumers with the rights guaranteed by the Directive (instructing consumers before the opening of proceedings on the possibility of being represented, on the absence of fees for court proceedings, and on the jurisdiction of the courts, etc.).

Is the Commission currently taking a record of complaints from consumers in connection with legal proceedings?

Does the Commission intend to issue a letter of formal notice to Slovakia requesting further information on the matter?

If the Commission concludes that Slovakia is not in compliance with its obligations under EU law, does it plan to send the country a formal request to comply with EU law?