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Modernisation of EU consumer protection rules: A new deal for consumers

15-04-2019

On 11 April 2018, the European Commission adopted a proposal for a directive on better enforcement and modernisation of EU consumer protection rules, as part of its 'new deal for consumers' package of measures. The proposal followed a fitness check of consumer legislation and an evaluation of the Consumer Rights Directive showed that the EU consumer legislation is fit for purpose, but could benefit from certain aspects being clarified and brought into line with the reality of the digital economy. ...

On 11 April 2018, the European Commission adopted a proposal for a directive on better enforcement and modernisation of EU consumer protection rules, as part of its 'new deal for consumers' package of measures. The proposal followed a fitness check of consumer legislation and an evaluation of the Consumer Rights Directive showed that the EU consumer legislation is fit for purpose, but could benefit from certain aspects being clarified and brought into line with the reality of the digital economy. The proposal, which would amend four consumer protection directives, focuses on various consumer issues, including penalties for infringements, transparency on online marketplaces, protection for consumers of 'free' digital services, the right of withdrawal and dual quality of products. On 21 March 2019, Parliament and the Council reached provisional agreement on the proposal. The agreement rejects the proposed changes that would weaken the right of withdrawal. It bans several unfair commercial practices in all circumstances, and allows dual quality of products to be declared as misleading on a case-by-case basis. Parliament is expected to vote on the provisional agreement during the April II plenary session. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Case analysis: the transposition and implementation of Regulation 261/2004 on air passenger rights

26-11-2018

This briefing draws on the latest available data to analyse the implementation and application of Regulation 261/2004 which introduces common rules on assistance and compensation to air passengers when their travel is disrupted. The briefing explains why the European Union enacted air passenger rights and the current state of play in terms of their enjoyment. It further sets out the current legal framework before exploring its shortcomings. Finally, it gives examples of best practice and presents ...

This briefing draws on the latest available data to analyse the implementation and application of Regulation 261/2004 which introduces common rules on assistance and compensation to air passengers when their travel is disrupted. The briefing explains why the European Union enacted air passenger rights and the current state of play in terms of their enjoyment. It further sets out the current legal framework before exploring its shortcomings. Finally, it gives examples of best practice and presents some recommendations for national parliaments and EU institutions to improve the enforcement of citizens’ rights.

Külső szerző

Sara Drake, Senior Lecturer in European Union Law Cardiff School of Law and Politics

EU consumer protection rules

10-07-2018

The IA is aimed at underpinning new legislation in the field of consumer protection, as called for in various European Parliament resolutions. It represents a considerable body of work, based on extensive evaluation and consultation. Methodological weaknesses include the narrow range of options to calibrate the evaluation findings. Secondly, there are some presentation issues, which do not facilitate consideration of the Commission’s choices. For instance, the large space devoted to consultation ...

The IA is aimed at underpinning new legislation in the field of consumer protection, as called for in various European Parliament resolutions. It represents a considerable body of work, based on extensive evaluation and consultation. Methodological weaknesses include the narrow range of options to calibrate the evaluation findings. Secondly, there are some presentation issues, which do not facilitate consideration of the Commission’s choices. For instance, the large space devoted to consultation comes at the expense of useful and more sound information.

Mis-selling of Financial Products: Compensation of Investors in Belgium

13-06-2018

This paper is part of a series of five studies on mis-selling of financial products in the EU. The paper analyses three important and highly publicised cases of mis-selling of investment products to retail clients, featuring interesting legal particularities: the Citibank case, the Dexia case and the Fortis case. On the basis of this analysis, the paper draws a number of conclusions on the national and EU regulatory framework in respect of investor compensation. This document was provided by Policy ...

This paper is part of a series of five studies on mis-selling of financial products in the EU. The paper analyses three important and highly publicised cases of mis-selling of investment products to retail clients, featuring interesting legal particularities: the Citibank case, the Dexia case and the Fortis case. On the basis of this analysis, the paper draws a number of conclusions on the national and EU regulatory framework in respect of investor compensation. This document was provided by Policy Department A at the request of the ECON Committee.

Külső szerző

Prof. Dr. Veerle COLAERT, Drs. Thomas INCALZA

Revision of consumer law directives (including injunctions):the 'New Deal for Consumers'

17-04-2018

Following the creation of an internal market, in which goods should be able to circulate freely to the benefit of producers, traders and consumers alike, the digital revolution has both increased the chances for growth in trade and highlighted the existing obstacles, such as differences in the details of consumer protection legislation. Following an extensive evaluation exercise focused on a number of EU directives adopted over the years, the European Commission is keen to simplify, streamline and ...

Following the creation of an internal market, in which goods should be able to circulate freely to the benefit of producers, traders and consumers alike, the digital revolution has both increased the chances for growth in trade and highlighted the existing obstacles, such as differences in the details of consumer protection legislation. Following an extensive evaluation exercise focused on a number of EU directives adopted over the years, the European Commission is keen to simplify, streamline and modernise the existing EU consumer rules to ensure that they are future-proof, as well as to facilitate the necessary coordination and effective action from national authorities and public enforcement bodies. In its 2018 work programme, the European Commission announced that it would be introducing a package of legislative proposals including a wide range of proposed directives. The package is aimed at filling a number of very specific gaps in current EU consumer law, while also taking due account of ongoing legislative procedures related to online and offline sales of goods and digital content. This implementation appraisal aims to cover all the directives (cf. tables 1-7) that form the basis of the area targeted by the package.

Az utasok jogai

01-02-2018

A közös szabályok célja a segítségnyújtás minimális szintjének garantálása valamennyi közlekedési mód felhasználói számára jelentős mértékű késés vagy járattörlés esetén, valamint kiemelt védelem biztosítása a legkiszolgáltatottabb utazók számára. A szabályok kárpótlási mechanizmusokról is rendelkeznek. Ugyanakkor a vasúti vagy közúti utasszállítás területén számos kivétel lehetséges, és továbbra is gyakoriak a bíróságok előtti jogviták.

A közös szabályok célja a segítségnyújtás minimális szintjének garantálása valamennyi közlekedési mód felhasználói számára jelentős mértékű késés vagy járattörlés esetén, valamint kiemelt védelem biztosítása a legkiszolgáltatottabb utazók számára. A szabályok kárpótlási mechanizmusokról is rendelkeznek. Ugyanakkor a vasúti vagy közúti utasszállítás területén számos kivétel lehetséges, és továbbra is gyakoriak a bíróságok előtti jogviták.

Limitation periods for traffic accidents

27-06-2017

The Committee on Legal Affairs wants Parliament to call on the Commission to put forward a proposal for a directive to lay down common rules on limitation periods for civil claims arising from cross-border traffic accidents. Its report stresses the differences between Member States' rules, and the legal difficulties faced by victims of cross-border accidents.

The Committee on Legal Affairs wants Parliament to call on the Commission to put forward a proposal for a directive to lay down common rules on limitation periods for civil claims arising from cross-border traffic accidents. Its report stresses the differences between Member States' rules, and the legal difficulties faced by victims of cross-border accidents.

Limitation periods for road traffic accidents

07-07-2016

Widely differing limitation periods for tort claims across the European Union (EU) Member States can lead to victims of cross-border road traffic accidents losing their right to compensation. This European Added Value Assessment (EAVA) sketches out the weaknesses of the relevant existing legal frameworks which create obstacles for victims of cross-border road traffic accidents in accessing legal justice. Furthermore, the EAVA identifies the costs that arise on account of differing rules on limitation ...

Widely differing limitation periods for tort claims across the European Union (EU) Member States can lead to victims of cross-border road traffic accidents losing their right to compensation. This European Added Value Assessment (EAVA) sketches out the weaknesses of the relevant existing legal frameworks which create obstacles for victims of cross-border road traffic accidents in accessing legal justice. Furthermore, the EAVA identifies the costs that arise on account of differing rules on limitation periods, not only in terms of length of time but also with regard to the beginning of a limitation period, the procedural requirements for stopping the running of a limitation period, and application to minors and disabled people. The EAVA demonstrates that differing rules in the application of limitation periods can generate costs such as additional lawyer's fees and fees for expert evidence on foreign rules. Finally, the EAVA outlines two rules for harmonising limitation periods within the EU in the form of minimum standards that could generate European added value by simplifying the existing legal framework and offering greater legal certainty for victims of cross-border road traffic accidents.

Lawsuits triggered by the Volkswagen emissions case

30-05-2016

In September 2015, the United States Environmental Protection Agency claimed that Volkswagen had installed illegal software on some of its diesel vehicles, to modify emissions of certain air pollutants. Subsequently, the company has been the subject of legal action brought by consumers, investors, non-governmental organisations and government agencies. In many cases, the plaintiffs have gathered their actions together into collective (or class action) complaints. In the United States, complaints ...

In September 2015, the United States Environmental Protection Agency claimed that Volkswagen had installed illegal software on some of its diesel vehicles, to modify emissions of certain air pollutants. Subsequently, the company has been the subject of legal action brought by consumers, investors, non-governmental organisations and government agencies. In many cases, the plaintiffs have gathered their actions together into collective (or class action) complaints. In the United States, complaints have been filed by law firms, government departments and even individual states (including the US Justice Department and US Federal Trade Commission, as well as the states of Texas, New Mexico and New Jersey). This briefing provides a non-exhaustive overview of the range of lawsuits under way, many of them still in their initial stages. Several countries around the globe have opened more general investigations on whether car manufacturers respect vehicle emission limits on the road, as opposed to under test conditions. Some other carmakers are suspected also to have used software that manipulates emission levels, similar to that used by Volkswagen. In April 2016, Volkswagen agreed in principle with the US authorities and US class action plaintiffs to buy back, or modify or cancel the leases of affected vehicles. US consumers might also receive substantial compensation. Final details of the settlement are expected in June 2016. No similar agreement has been reached in Europe.

Court of Justice rules on passenger compensation for flight delays

02-12-2015

According to EU law, passengers have the right to a fixed level of compensation if their flight is cancelled or subject to a long delay. However, airlines can escape liability if they prove that 'extraordinary circumstances' caused the cancellation or delay. The Court of Justice of the EU has recently ruled that unexpected technical problems cannot count as 'extraordinary circumstances'.

According to EU law, passengers have the right to a fixed level of compensation if their flight is cancelled or subject to a long delay. However, airlines can escape liability if they prove that 'extraordinary circumstances' caused the cancellation or delay. The Court of Justice of the EU has recently ruled that unexpected technical problems cannot count as 'extraordinary circumstances'.

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