# C_2009181EN.01000601.xml

| 4.8.2009 | EN | Official Journal of the European Union | C 181/6 |
| --- | --- | --- | --- |

4.8.2009

EN

Official Journal of the European Union

C 181/6

---

Rules governing prior consultation adopted by Member States pursuant to Article 5 of Directive 98/27/EC of the European Parliament and of the Council on injunctions for the protection of consumer's interests

2009/C 181/06

BELGIUM

BELGIUM

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market (1) | No | No | No | Act of 14 July 1991 on Commercial Practices and Consumer Information and Protection (hereinafter: WHPC) |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises (2) | No | No | No | WHPC |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (3) | No | No | No | Consumer Credit Act of 12 June 1991 |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 (4) | No | No | No | 1. | Act of 30 March 1995 on Distribution Networks for Broadcasting Programmes and the Performance of Television Broadcasting Activities in the Bilingual Brussels-Capital Region |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market (1)

1

No

No

No

Act of 14 July 1991 on Commercial Practices and Consumer Information and Protection (hereinafter: WHPC)

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises (2)

2

No

No

No

WHPC

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (3)

3

No

No

No

Consumer Credit Act of 12 June 1991

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 (4)

4

No

No

No

1.

Act of 30 March 1995 on Distribution Networks for Broadcasting Programmes and the Performance of Television Broadcasting Activities in the Bilingual Brussels-Capital Region

| 2. | Decree of the French-Speaking Community of 17 July 1987 on the Audio-visual Sector |
| --- | --- |

2.

Decree of the French-Speaking Community of 17 July 1987 on the Audio-visual Sector

| 3. | Decision of the Flemish Government of 25 January 1995 Coordinating the Decrees on Radio and Television Broadcasting |
| --- | --- |

3.

Decision of the Flemish Government of 25 January 1995 Coordinating the Decrees on Radio and Television Broadcasting

| 4. | Decree of the German-Speaking Community of 26 April 1999 on the Media |
| --- | --- |

4.

Decree of the German-Speaking Community of 26 April 1999 on the Media

Directive 90/314/EEC on package travel, package holidays and package tours (5)

5

No

No

No

Act of 16 February 1994 Governing Tour Operators’ and Travel Agents’ Contracts

Directive 92/28/EEC on the advertising of medicinal products for human use (6)

6

No

No

No

Medicines Act of 25 March 1964

Directive 93/13/EEC on unfair terms in consumer contracts (7)

7

No

No

No

| 1. | WHPC |
| --- | --- |

1.

WHPC

| 2. | Act of 2 August 2002 on Misleading and Comparative Advertising, Illegal Terms, and Distance Contracts Concerning the Liberal Professions |
| --- | --- |

2.

Act of 2 August 2002 on Misleading and Comparative Advertising, Illegal Terms, and Distance Contracts Concerning the Liberal Professions

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis (8)

8

No

No

No

Act of 11 April 1999 on Agreements Concerning Acquisition of a Right to Use Immoveable Properties on a Timeshare Basis

Directive 97/7/EC on the protection of consumers in respect of distance contracts (9)

9

No

No

No

| 1. | WHPC |
| --- | --- |

1.

WHPC

| 2. | Act of 2 August 2002 on Misleading and Comparative Advertising, Illegal Terms, and Distance Contracts Concerning the Liberal Professions |
| --- | --- |

2.

Act of 2 August 2002 on Misleading and Comparative Advertising, Illegal Terms, and Distance Contracts Concerning the Liberal Professions

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees (10)

10

No

No

No

Consumer Protection (Sale of Consumer Goods) Act of 1 September 2004

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (11)

11

No

No

No

Act of 11 March 2003 on Certain Legal Aspects of Information Society Services

Directive 2002/65/EC concerning the distance marketing of consumer financial services (12)

12

No

No

No

WHPC

Directive 2006/123/EC on services in the internal market (13)

13

This Directive has not yet been transposed into Belgian law. The planned date of transposition is 28 December 2009.

BULGARIA

BULGARIA

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | No | No | No | No |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | No | No | No |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | No | No | No |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | No | No | No |
| Directive 90/314/EEC on package travel, package holidays and package tours | No | No | No | No |
| Directive 92/28/EEC on the advertising of medicinal products for human use | No | No | No | No |
| Directive 93/13/EEC on unfair terms in consumer contracts | No | No | No | No |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | No | No | No |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | No | No | No |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | No | No | No | No |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | No | No | No |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | No | No | No |
| Directive 2006/123/EC on services in the internal market | No | No | No | No |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

No

No

No

No

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

No

No

No

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

No

No

No

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

No

No

No

Directive 90/314/EEC on package travel, package holidays and package tours

No

No

No

No

Directive 92/28/EEC on the advertising of medicinal products for human use

No

No

No

No

Directive 93/13/EEC on unfair terms in consumer contracts

No

No

No

No

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

No

No

No

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

No

No

No

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

No

No

No

No

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

No

No

No

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

No

No

No

Directive 2006/123/EC on services in the internal market

No

No

No

No

CZECH REPUBLIC

CZECH REPUBLIC

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | No | No | No | |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | No | No | |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | No | No | |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | No | No | |
| Directive 90/314/EEC on package travel, package holidays and package tours | No | No | No | |
| Directive 92/28/EEC on the advertising of medicinal products for human use | No | No | No | |
| Directive 93/13/EEC on unfair terms in consumer contracts | No | No | No | |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | No | No | |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | No | No | |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | No | No | No | |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | No | No | |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | No | No | |
| Directive 2006/123/EC on services in the internal market | No | No | No | |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

No

No

No

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

No

No

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

No

No

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

No

No

Directive 90/314/EEC on package travel, package holidays and package tours

No

No

No

Directive 92/28/EEC on the advertising of medicinal products for human use

No

No

No

Directive 93/13/EEC on unfair terms in consumer contracts

No

No

No

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

No

No

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

No

No

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

No

No

No

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

No

No

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

No

No

Directive 2006/123/EC on services in the internal market

No

No

No

DENMARK

DENMARK

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | No | | | |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | | | |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | | | |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | | | |
| Directive 90/314/EEC on package travel, package holidays and package tours | No | | | |
| Directive 92/28/EEC on the advertising of medicinal products for human use | No | | | |
| Directive 93/13/EEC on unfair terms in consumer contracts | No | | | |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | | | |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | | | |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | No | | | |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | | | |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | | | |
| Directive 2006/123/EC on services in the internal market | No | | | |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

No

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

Directive 90/314/EEC on package travel, package holidays and package tours

No

Directive 92/28/EEC on the advertising of medicinal products for human use

No

Directive 93/13/EEC on unfair terms in consumer contracts

No

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

No

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

Directive 2006/123/EC on services in the internal market

No

GERMANY

GERMANY

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | No | | | |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | | | |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | | | |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | | | |
| Directive 90/314/EEC on package travel, package holidays and package tours | No | | | |
| Directive 92/28/EEC on the advertising of medicinal products for human use | No | | | |
| Directive 93/13/EEC on unfair terms in consumer contracts | No | | | |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | | | |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | | | |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | No | | | |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | | | |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | | | |
| Directive 2006/123/EC on services in the internal market | No | | | |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

No

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

Directive 90/314/EEC on package travel, package holidays and package tours

No

Directive 92/28/EEC on the advertising of medicinal products for human use

No

Directive 93/13/EEC on unfair terms in consumer contracts

No

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

No

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

Directive 2006/123/EC on services in the internal market

No

ESTONIA

ESTONIA

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | No | No | No | |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | No | No | |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | No | No | |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | No | No | |
| Directive 90/314/EEC on package travel, package holidays and package tours | No | No | No | |
| Directive 92/28/EEC on the advertising of medicinal products for human use | No | No | No | |
| Directive 93/13/EEC on unfair terms in consumer contracts | No | No | No | |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | No | No | |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | No | No | |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | No | No | No | |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | No | No | |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | No | No | |
| Directive 2006/123/EC on services in the internal market | No | No | No | |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

No

No

No

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

No

No

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

No

No

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

No

No

Directive 90/314/EEC on package travel, package holidays and package tours

No

No

No

Directive 92/28/EEC on the advertising of medicinal products for human use

No

No

No

Directive 93/13/EEC on unfair terms in consumer contracts

No

No

No

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

No

No

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

No

No

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

No

No

No

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

No

No

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

No

No

Directive 2006/123/EC on services in the internal market

No

No

No

IRELAND

IRELAND

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | | | | |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | Yes | Yes | No | Statutory Instrument No 449 of 2001, Regulation 3(2) |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | Yes | Yes | No | As above |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | Yes | Yes | No | As above |
| Directive 90/314/EEC on package travel, package holidays and package tours | Yes | Yes | No | As above |
| Directive 92/28/EEC on the advertising of medicinal products for human use | Yes | Yes | No | As above |
| Directive 93/13/EEC on unfair terms in consumer contracts | Yes | Yes | No | As above |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | Yes | Yes | No | As above |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | Yes | Yes | No | As above |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | | | | |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | | | | |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | | | | |
| Directive 2006/123/EC on services in the internal market | Has not yet been transposed. |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

Yes

Yes

No

Statutory Instrument No 449 of 2001, Regulation 3(2)

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

Yes

Yes

No

As above

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

Yes

Yes

No

As above

Directive 90/314/EEC on package travel, package holidays and package tours

Yes

Yes

No

As above

Directive 92/28/EEC on the advertising of medicinal products for human use

Yes

Yes

No

As above

Directive 93/13/EEC on unfair terms in consumer contracts

Yes

Yes

No

As above

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

Yes

Yes

No

As above

Directive 97/7/EC on the protection of consumers in respect of distance contracts

Yes

Yes

No

As above

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

Directive 2002/65/EC concerning the distance marketing of consumer financial services

Directive 2006/123/EC on services in the internal market

Has not yet been transposed.

GREECE

GREECE

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | No | | | |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | | | |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | | | |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | | | |
| Directive 90/314/EEC on package travel, package holidays and package tours | No | | | |
| Directive 92/28/EEC on the advertising of medicinal products for human use | No | | | |
| Directive 93/13/EEC on unfair terms in consumer contracts | No | | | |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | | | |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | | | |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | No | | | |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | | | |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | | | |
| Directive 2006/123/EC on services in the internal market | Has not yet been transposed. |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

No

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

Directive 90/314/EEC on package travel, package holidays and package tours

No

Directive 92/28/EEC on the advertising of medicinal products for human use

No

Directive 93/13/EEC on unfair terms in consumer contracts

No

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

No

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

Directive 2006/123/EC on services in the internal market

Has not yet been transposed.

SPAIN

SPAIN

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | | | | Transposition pending |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | No | No | Royal Legislative Decree No 1/2007 adopting the Revised Text of the General Law for the Protection of Consumers and Users (14): Book I, Title V: ‘Judicial and extra-judicial proceedings for the protection of consumers and users’; Chapter I: ‘Injunctions’; Article 54(d): capacity to be party to proceedings and recognition of the bodies of other Member States |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | No | No | Law 7/1995 of 23 March 1995 on Consumer Credit: Article 20 |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | Optional | No | Law 25/1994 of 12 July 1994 covers injunctions and prior notice of injunction: Articles 21 and 22 |
| Directive 90/314/EEC on package travel, package holidays and package tours | No | No | No | Royal Legislative Decree No 1/2007 adopting the Revised Text of the General Law for the Protection of Consumers and Users: Book I, Title V: ‘Judicial and extra-judicial proceedings for the protection of consumers and users’; Chapter I: ‘Injunctions’; Article 54(d): capacity to be party to proceedings and recognition of the bodies of other Member States |
| Directive 92/28/EEC on the advertising of medicinal products for human use | No. The health authority must be notified of the injunction and of the judgment. | Optional | No | Law 29/2006 of 26 July 2006 on guarantees and the rational use of medicines and health products provides for injunctions and the prior notice of injunction: Articles 105 and 106 |
| Directive 93/13/EEC on unfair terms in consumer contracts | No | No | No | Royal Legislative Decree No 1/2007 adopting the Revised Text of the General Law for the Protection of Consumers and Users: Book I, Title V: ‘Judicial and extra-judicial proceedings for the protection of consumers and users’; Chapter I: ‘Injunctions’; Article 54(d): capacity to be party to proceedings and recognition of the bodies of other Member States |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | No | No | Law 42/1998 of 15 December 1998 on timeshare and the tax regulations in this area: Article 16a |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | No | No | Royal Legislative Decree No 1/2007 adopting the Revised Text of the General Law for the Protection of Consumers and Users: Book I, Title V: ‘Judicial and extra-judicial proceedings for the protection of consumers and users’; Chapter I: ‘Injunctions’; Article 54(d): capacity to be party to proceedings and recognition of the bodies of other Member States |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | No | No | No | Royal Legislative Decree No 1/2007 adopting the Revised Text of the General Law for the Protection of Consumers and Users: Book I, Title V: ‘Judicial and extra-judicial proceedings for the protection of consumers and users’; Chapter I: ‘Injunctions’; Article 54(d): capacity to be party to proceedings and recognition of the bodies of other Member States |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | No | No | Law 34/2002 of 11 July 2002 on information society services: Articles 30 and 31 |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | No | No | Law 22/2007 of 11 July 2007 concerning the distance marketing of financial services to consumers: Article 15 |
| Directive 2006/123/EC on services in the internal market | | | | Transposition pending |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

Transposition pending

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

No

No

Royal Legislative Decree No 1/2007 adopting the Revised Text of the General Law for the Protection of Consumers and Users (14): Book I, Title V: ‘Judicial and extra-judicial proceedings for the protection of consumers and users’; Chapter I: ‘Injunctions’; Article 54(d): capacity to be party to proceedings and recognition of the bodies of other Member States

14

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

No

No

Law 7/1995 of 23 March 1995 on Consumer Credit: Article 20

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

Optional

No

Law 25/1994 of 12 July 1994 covers injunctions and prior notice of injunction: Articles 21 and 22

Directive 90/314/EEC on package travel, package holidays and package tours

No

No

No

Royal Legislative Decree No 1/2007 adopting the Revised Text of the General Law for the Protection of Consumers and Users: Book I, Title V: ‘Judicial and extra-judicial proceedings for the protection of consumers and users’; Chapter I: ‘Injunctions’; Article 54(d): capacity to be party to proceedings and recognition of the bodies of other Member States

Directive 92/28/EEC on the advertising of medicinal products for human use

No. The health authority must be notified of the injunction and of the judgment.

Optional

No

Law 29/2006 of 26 July 2006 on guarantees and the rational use of medicines and health products provides for injunctions and the prior notice of injunction: Articles 105 and 106

Directive 93/13/EEC on unfair terms in consumer contracts

No

No

No

Royal Legislative Decree No 1/2007 adopting the Revised Text of the General Law for the Protection of Consumers and Users: Book I, Title V: ‘Judicial and extra-judicial proceedings for the protection of consumers and users’; Chapter I: ‘Injunctions’; Article 54(d): capacity to be party to proceedings and recognition of the bodies of other Member States

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

No

No

Law 42/1998 of 15 December 1998 on timeshare and the tax regulations in this area: Article 16a

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

No

No

Royal Legislative Decree No 1/2007 adopting the Revised Text of the General Law for the Protection of Consumers and Users: Book I, Title V: ‘Judicial and extra-judicial proceedings for the protection of consumers and users’; Chapter I: ‘Injunctions’; Article 54(d): capacity to be party to proceedings and recognition of the bodies of other Member States

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

No

No

No

Royal Legislative Decree No 1/2007 adopting the Revised Text of the General Law for the Protection of Consumers and Users: Book I, Title V: ‘Judicial and extra-judicial proceedings for the protection of consumers and users’; Chapter I: ‘Injunctions’; Article 54(d): capacity to be party to proceedings and recognition of the bodies of other Member States

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

No

No

Law 34/2002 of 11 July 2002 on information society services: Articles 30 and 31

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

No

No

Law 22/2007 of 11 July 2007 concerning the distance marketing of financial services to consumers: Article 15

Directive 2006/123/EC on services in the internal market

Transposition pending

FRANCE

FRANCE

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | No | No | No | Article L 421-6 of the Consumer Code (Code de la Consommation) |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | No | No | Article L 421-6 of the Consumer Code |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | No | No | Article L 421-6 of the Consumer Code |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | No | No | Article L 421-6 of the Consumer Code |
| Directive 90/314/EEC on package travel, package holidays and package tours | No | No | No | Article L 421-6 of the Consumer Code |
| Directive 92/28/EEC on the advertising of medicinal products for human use | No | No | No | Article L 421-6 of the Consumer Code |
| Directive 93/13/EEC on unfair terms in consumer contracts | No | No | No | Article L 421-6 of the Consumer Code |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | No | No | Article L 421-6 of the Consumer Code |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | No | No | Article L 421-6 of the Consumer Code |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | No | No | No | Article L 421-6 of the Consumer Code |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | No | No | Article L 421-6 of the Consumer Code |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | No | No | Article L 421-6 of the Consumer Code |
| Directive 2006/123/EC on services in the internal market | No | No | No | Not yet transposed |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

No

No

No

Article L 421-6 of the Consumer Code (Code de la Consommation)

Code de la Consommation

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

No

No

Article L 421-6 of the Consumer Code

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

No

No

Article L 421-6 of the Consumer Code

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

No

No

Article L 421-6 of the Consumer Code

Directive 90/314/EEC on package travel, package holidays and package tours

No

No

No

Article L 421-6 of the Consumer Code

Directive 92/28/EEC on the advertising of medicinal products for human use

No

No

No

Article L 421-6 of the Consumer Code

Directive 93/13/EEC on unfair terms in consumer contracts

No

No

No

Article L 421-6 of the Consumer Code

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

No

No

Article L 421-6 of the Consumer Code

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

No

No

Article L 421-6 of the Consumer Code

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

No

No

No

Article L 421-6 of the Consumer Code

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

No

No

Article L 421-6 of the Consumer Code

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

No

No

Article L 421-6 of the Consumer Code

Directive 2006/123/EC on services in the internal market

No

No

No

Not yet transposed

ITALY

ITALY

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | Yes | Yes | No | Article 27(7) of Legislative Decree No 206 of 6 September 2005 Consumer Code
  Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | Yes | Yes | No | Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | Yes | Yes | No | Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code
  Article 140(12) of Legislative Decree No 206 of 6 September 2005 Consumer Code
  Article 1(11) of Law No 249 of 31 July 1997 and decisions of the Authority for Guarantees in Communications (AGCOM) |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | Yes | Yes | No | Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code |
| Directive 90/314/EEC on package travel, package holidays and package tours | Yes | Yes | No | Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code |
| Directive 92/28/EEC on the advertising of medicinal products for human use | Yes | Yes | No | Article 37 of Legislative Decree No 206 of 6 September 2005 Consumer Code
  Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code |
| Directive 93/13/EEC on unfair terms in consumer contracts | Yes | Yes | No | Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | Yes | Yes | No | Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | Yes | Yes | No | Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | Yes | Yes | No | Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | Yes | Yes | No | Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | Yes | Yes | No | In the process of transposal |
| Directive 2006/123/EC on services in the internal market | No | | | |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

Yes

Yes

No

Article 27(7) of Legislative Decree No 206 of 6 September 2005 Consumer Code

Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

Yes

Yes

No

Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

Yes

Yes

No

Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code

Article 140(12) of Legislative Decree No 206 of 6 September 2005 Consumer Code

Article 1(11) of Law No 249 of 31 July 1997 and decisions of the Authority for Guarantees in Communications (AGCOM)

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

Yes

Yes

No

Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code

Directive 90/314/EEC on package travel, package holidays and package tours

Yes

Yes

No

Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code

Directive 92/28/EEC on the advertising of medicinal products for human use

Yes

Yes

No

Article 37 of Legislative Decree No 206 of 6 September 2005 Consumer Code

Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code

Directive 93/13/EEC on unfair terms in consumer contracts

Yes

Yes

No

Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

Yes

Yes

No

Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code

Directive 97/7/EC on the protection of consumers in respect of distance contracts

Yes

Yes

No

Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

Yes

Yes

No

Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

Yes

Yes

No

Article 140(5) of Legislative Decree No 206 of 6 September 2005 Consumer Code

Directive 2002/65/EC concerning the distance marketing of consumer financial services

Yes

Yes

No

In the process of transposal

Directive 2006/123/EC on services in the internal market

No

CYPRUS

CYPRUS

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | Yes | No | Yes | Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2) |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | Yes | No | Yes | Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2) |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | Yes | No | Yes | Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2) |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | Yes | No | Yes | Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2) |
| Directive 90/314/EEC on package travel, package holidays and package tours | Yes | No | Yes | Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2) |
| Directive 92/28/EEC on the advertising of medicinal products for human use | Yes | No | Yes | Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2) |
| Directive 93/13/EEC on unfair terms in consumer contracts | Yes | No | Yes | Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2) |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | Yes | No | Yes | Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2) |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | Yes | No | Yes | Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2) |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | Yes | No | Yes | Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2) |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | Yes | No | Yes | Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2) |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | Yes | No | Yes | Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2) |
| Directive 2006/123/EC on services in the internal market | Yes | No | Yes | Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2) |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

Yes

No

Yes

Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2)

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

Yes

No

Yes

Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2)

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

Yes

No

Yes

Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2)

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

Yes

No

Yes

Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2)

Directive 90/314/EEC on package travel, package holidays and package tours

Yes

No

Yes

Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2)

Directive 92/28/EEC on the advertising of medicinal products for human use

Yes

No

Yes

Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2)

Directive 93/13/EEC on unfair terms in consumer contracts

Yes

No

Yes

Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2)

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

Yes

No

Yes

Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2)

Directive 97/7/EC on the protection of consumers in respect of distance contracts

Yes

No

Yes

Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2)

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

Yes

No

Yes

Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2)

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

Yes

No

Yes

Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2)

Directive 2002/65/EC concerning the distance marketing of consumer financial services

Yes

No

Yes

Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2)

Directive 2006/123/EC on services in the internal market

Yes

No

Yes

Act on the issuance of court injunctions to protect the collective interests of consumers of 2007 (Act 101(Ι)/2007) Article 3(2)

LATVIA

LATVIA

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | Yes | No | Yes | Article 15(4) of the Law on the Prohibition of Unfair Commercial Practices |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | No | No | — |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | No | No | — |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | No | No | — |
| Directive 90/314/EEC on package travel, package holidays and package tours | Yes | Yes | No | Article 27 of the Law on Consumer Protection, Cabinet Regulation No 631 of 1 August 2006 on the procedure to be followed by a consumer for submitting a claim for goods or services which do not comply with the terms of a contract, and paragraph 31.4 of Cabinet Regulation No 67 of 23 January 2007 concerning the procedure for preparing and providing a package holiday service, the information to be provided to the customer, and the rights and obligations of package holiday service providers and customers |
| Directive 92/28/EEC on the advertising of medicinal products for human use | Yes | No | Yes | Article 15(3) of the Law on Advertising |
| Directive 93/13/EEC on unfair terms in consumer contracts | Yes | Yes | Yes | Articles 6(10) and 25(8)(1) of the Law on Consumer Protection |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | No | No | — |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | No | No | — |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | Yes | Yes | No | Article 27 of the Law on Consumer Protection and Cabinet Regulation No 631 of 1 August 2006 on the procedure to be followed by a consumer for submitting a claim for a good or service which does not comply with the terms of a contract |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | No | No | — |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | No | No | — |
| Directive 2006/123/EC on services in the internal market | — | — | — | — |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

Yes

No

Yes

Article 15(4) of the Law on the Prohibition of Unfair Commercial Practices

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

No

No

—

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

No

No

—

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

No

No

—

Directive 90/314/EEC on package travel, package holidays and package tours

Yes

Yes

No

Article 27 of the Law on Consumer Protection, Cabinet Regulation No 631 of 1 August 2006 on the procedure to be followed by a consumer for submitting a claim for goods or services which do not comply with the terms of a contract, and paragraph 31.4 of Cabinet Regulation No 67 of 23 January 2007 concerning the procedure for preparing and providing a package holiday service, the information to be provided to the customer, and the rights and obligations of package holiday service providers and customers

Directive 92/28/EEC on the advertising of medicinal products for human use

Yes

No

Yes

Article 15(3) of the Law on Advertising

Directive 93/13/EEC on unfair terms in consumer contracts

Yes

Yes

Yes

Articles 6(10) and 25(8)(1) of the Law on Consumer Protection

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

No

No

—

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

No

No

—

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

Yes

Yes

No

Article 27 of the Law on Consumer Protection and Cabinet Regulation No 631 of 1 August 2006 on the procedure to be followed by a consumer for submitting a claim for a good or service which does not comply with the terms of a contract

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

No

No

—

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

No

No

—

Directive 2006/123/EC on services in the internal market

—

—

—

—

LITHUANIA

LITHUANIA

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | Yes | No | Yes | The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33. |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | Yes | No | Yes | The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33. |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | Yes | No | Yes | The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33. |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | Yes | No | Yes | The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33. |
| Directive 90/314/EEC on package travel, package holidays and package tours | Yes | No | Yes | The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33. |
| Directive 92/28/EEC on the advertising of medicinal products for human use | Yes | No | Yes | The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33. |
| Directive 93/13/EEC on unfair terms in consumer contracts | Yes | No | Yes | The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33. |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | Yes | No | Yes | The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33. |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | Yes | No | Yes | The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33. |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | Yes | No | Yes | The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33. |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | Yes | No | Yes | The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33. |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | Yes | No | Yes | The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33. |
| Directive 2006/123/EC on services in the internal market | Yes
  (The transposition of the Directive in national law must be completed by 28 December 2009.) | No | Yes | The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33. |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

Yes

No

Yes

The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33.

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

Yes

No

Yes

The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33.

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

Yes

No

Yes

The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33.

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

Yes

No

Yes

The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33.

Directive 90/314/EEC on package travel, package holidays and package tours

Yes

No

Yes

The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33.

Directive 92/28/EEC on the advertising of medicinal products for human use

Yes

No

Yes

The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33.

Directive 93/13/EEC on unfair terms in consumer contracts

Yes

No

Yes

The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33.

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

Yes

No

Yes

The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33.

Directive 97/7/EC on the protection of consumers in respect of distance contracts

Yes

No

Yes

The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33.

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

Yes

No

Yes

The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33.

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

Yes

No

Yes

The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33.

Directive 2002/65/EC concerning the distance marketing of consumer financial services

Yes

No

Yes

The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33.

Directive 2006/123/EC on services in the internal market

Yes

(The transposition of the Directive in national law must be completed by 28 December 2009.)

No

Yes

The Law on Consumer Protection of the Republic of Lithuania, paragraph 2 of Article 33.

LUXEMBOURG

LUXEMBOURG

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | | | | This Directive has yet to be transposed into national law. |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | No | No | Article 10(1) of the amended Act of 16 July 1987 on canvassing selling, street vending, displaying goods and seeking orders. |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | No | No | Article 19(1) of the amended Act of 9 August 1993 governing consumer credit. |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | No | No | Article 28(5) of the amended Act of 27 July 1991 on electronic media. |
| Directive 90/314/EEC on package travel, package holidays and package tours | No | No | No | Article 20(1) of the amended Act of 14 June 1994 on the regulation of conditions for carrying out activities relating to the organisation and sale of holidays or leisure breaks. |
| Directive 92/28/EEC on the advertising of medicinal products for human use | No | No | No | Article 19(1) of the amended Act of 11 April 1983 governing the placing on the market and advertising of medicines. |
| Directive 93/13/EEC on unfair terms in consumer contracts | No | No | No | Article 5 of the amended Act of 25 August 1983 on legal protection for consumers. |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | No | No | Article 14(1) of the amended law of 18 December 1998 on contracts relating to the purchase of the right to use immovable properties on a timeshare basis. |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | No | No | Article 10(1) of the amended Act of 16 April 2003 on the protection of consumers in respect of distance contracts. |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | No | No | No | Article 9 of the amended Act of 21 April 2004 on conformity guarantees to be met by the seller of movable tangible property. |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | No | No | Article 71(1) of the amended Act of 14 August 2000 on electronic commerce. |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | No | No | Article 12 of the amended Act of 18 December 2006 concerning the distance marketing of financial services. |
| Directive 2006/123/EC on services in the internal market | | | | This Directive has yet to be transposed into national law. |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

This Directive has yet to be transposed into national law.

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

No

No

Article 10(1) of the amended Act of 16 July 1987 on canvassing selling, street vending, displaying goods and seeking orders.

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

No

No

Article 19(1) of the amended Act of 9 August 1993 governing consumer credit.

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

No

No

Article 28(5) of the amended Act of 27 July 1991 on electronic media.

Directive 90/314/EEC on package travel, package holidays and package tours

No

No

No

Article 20(1) of the amended Act of 14 June 1994 on the regulation of conditions for carrying out activities relating to the organisation and sale of holidays or leisure breaks.

Directive 92/28/EEC on the advertising of medicinal products for human use

No

No

No

Article 19(1) of the amended Act of 11 April 1983 governing the placing on the market and advertising of medicines.

Directive 93/13/EEC on unfair terms in consumer contracts

No

No

No

Article 5 of the amended Act of 25 August 1983 on legal protection for consumers.

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

No

No

Article 14(1) of the amended law of 18 December 1998 on contracts relating to the purchase of the right to use immovable properties on a timeshare basis.

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

No

No

Article 10(1) of the amended Act of 16 April 2003 on the protection of consumers in respect of distance contracts.

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

No

No

No

Article 9 of the amended Act of 21 April 2004 on conformity guarantees to be met by the seller of movable tangible property.

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

No

No

Article 71(1) of the amended Act of 14 August 2000 on electronic commerce.

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

No

No

Article 12 of the amended Act of 18 December 2006 concerning the distance marketing of financial services.

Directive 2006/123/EC on services in the internal market

This Directive has yet to be transposed into national law.

HUNGARY

HUNGARY

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | No | No | No | |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | No | No | |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | No | No | |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | No | No | |
| Directive 90/314/EEC on package travel, package holidays and package tours | No | No | No | |
| Directive 92/28/EEC on the advertising of medicinal products for human use | No | No | No | |
| Directive 93/13/EEC on unfair terms in consumer contracts | No | No | No | |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | No | No | |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | No | No | |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | No | No | No | |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | No | No | |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | No | No | |
| Directive 2006/123/EC on services in the internal market | No | No | No | |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

No

No

No

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

No

No

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

No

No

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

No

No

Directive 90/314/EEC on package travel, package holidays and package tours

No

No

No

Directive 92/28/EEC on the advertising of medicinal products for human use

No

No

No

Directive 93/13/EEC on unfair terms in consumer contracts

No

No

No

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

No

No

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

No

No

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

No

No

No

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

No

No

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

No

No

Directive 2006/123/EC on services in the internal market

No

No

No

MALTA

MALTA

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | Yes | No | Yes | Consumer Affairs Act (Chap. 378), Article 94, paragraph 2 |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | Yes | No | Yes | Consumer Affairs Act (Chap. 378), Article 94, paragraph 2 |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | Yes | No | Yes | Consumer Affairs Act (Chap. 378), Article 94, paragraph 2 |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | Yes | No | Yes | Advertising, Sponsorship and Teleshopping (Protection of Consumers’ Interest) (Television Broadcasting Injunction) Order, 2005 (LN 300/05) |
| Directive 90/314/EEC on package travel, package holidays and package tours | Yes | No | Yes | Injunctions for the Protection of the Interests of Consumers (Package Travel and Protection of Buyers in Contracts for Time Sharing of Immovable Property) Regulations, 2006
  (LN 282/06), Regulation 5 |
| Directive 92/28/EEC on the advertising of medicinal products for human use | Yes | No | Yes | Medicines Act (Chap. 458)
  Medicines Products (Injunction to Advertising) Regulations, 2008
  (LN60/08) |
| Directive 93/13/EEC on unfair terms in consumer contracts | Yes | No | Yes | Consumer Affairs Act (Chap. 378), Article 94, paragraph 2 |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | Yes | No | Yes | Injunctions for the Protection of the Interests of Consumers (Package Travel and Protection of Buyers in Contracts for Time Sharing of Immovable Property) Regulations, 2006
  (LN 282/06), Regulation 5 |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | Yes | No | Yes | Consumer Affairs Act (Chap. 378), Article 94, paragraph 2 |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | Yes | No | Yes | Consumer Affairs Act (Chap. 378), Article 94, paragraph 2 |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | Yes | No | Yes | Electronic Commerce (General) Regulations, 2006
  (LN 251/06), Regulation 15
  These Regulations were drawn up under Article 25 of the Electronic Commerce Act (Chap. 426) |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | Yes | Yes | Yes | Malta Financial Services Authority Act (Chap. 330)
  Regulations on Distance Selling (Retail Financial Services), Regulation 13(1) |
| Directive 2006/123/EC on services in the internal market | No | No | No | Not yet published |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

Yes

No

Yes

Consumer Affairs Act (Chap. 378), Article 94, paragraph 2

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

Yes

No

Yes

Consumer Affairs Act (Chap. 378), Article 94, paragraph 2

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

Yes

No

Yes

Consumer Affairs Act (Chap. 378), Article 94, paragraph 2

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

Yes

No

Yes

Advertising, Sponsorship and Teleshopping (Protection of Consumers’ Interest) (Television Broadcasting Injunction) Order, 2005 (LN 300/05)

Directive 90/314/EEC on package travel, package holidays and package tours

Yes

No

Yes

Injunctions for the Protection of the Interests of Consumers (Package Travel and Protection of Buyers in Contracts for Time Sharing of Immovable Property) Regulations, 2006

(LN 282/06), Regulation 5

Directive 92/28/EEC on the advertising of medicinal products for human use

Yes

No

Yes

Medicines Act (Chap. 458)

Medicines Products (Injunction to Advertising) Regulations, 2008

(LN60/08)

Directive 93/13/EEC on unfair terms in consumer contracts

Yes

No

Yes

Consumer Affairs Act (Chap. 378), Article 94, paragraph 2

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

Yes

No

Yes

Injunctions for the Protection of the Interests of Consumers (Package Travel and Protection of Buyers in Contracts for Time Sharing of Immovable Property) Regulations, 2006

(LN 282/06), Regulation 5

Directive 97/7/EC on the protection of consumers in respect of distance contracts

Yes

No

Yes

Consumer Affairs Act (Chap. 378), Article 94, paragraph 2

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

Yes

No

Yes

Consumer Affairs Act (Chap. 378), Article 94, paragraph 2

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

Yes

No

Yes

Electronic Commerce (General) Regulations, 2006

(LN 251/06), Regulation 15

These Regulations were drawn up under Article 25 of the Electronic Commerce Act (Chap. 426)

Directive 2002/65/EC concerning the distance marketing of consumer financial services

Yes

Yes

Yes

Malta Financial Services Authority Act (Chap. 330)

Regulations on Distance Selling (Retail Financial Services), Regulation 13(1)

Directive 2006/123/EC on services in the internal market

No

No

No

Not yet published

NETHERLANDS

NETHERLANDS

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | Yes | Yes | No | Articles 305a, 305b, 305c and 305d, third paragraph, of Book 3 of the Civil Code (Burgerlijk Wetboek). |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | Yes | Yes | No | Ditto |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | Yes | Yes | No | Ditto |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | Yes, the opposing parties are given a hearing following the filing of an action under the complaints procedure. | Yes | No | Articles 305a, 305b, 305c and 305d, third paragraph, of Book 3 of the Civil Code.
  Articles 10, 11 and 17-20 of the Directive have been implemented in the Media Act (Mediawet). Compliance with the provisions of the Media Act is monitored by the Media Authority (Commissariaat voor de Media).
  *With regard to Articles 12-16, the Media Act stipulates compulsory membership of the Dutch Advertising Code Committee (Nederlandse Reclame Code Commissie).
  Article 12 of the Directive: the Dutch Constitution (grondwet), the Criminal Code (wetboek van strafrecht) and self-regulation in the Dutch Advertising Code.
  Article 13: Total smoking ban under the Tobacco Act and the Dutch Advertising Code.
  Article 14: Medicines Act (wet op de geneesmiddelen) and self-regulation in the Dutch Advertising Code.
  Article 15: Media Act (total ban on advertising alcoholic beverages before 9.00 p.m.) and the Dutch Advertising Code.
  Article 16: Regulated under the Dutch Advertising Code.
  The Dutch Advertising Code Committee monitors compliance with the Dutch Advertising Code. It also has a procedure for complaints and appeals. |
| Directive 90/314/EEC on package travel, package holidays and package tours | Yes | Yes | No | Articles 305a, 305b, 305c and 305d, third paragraph, of Book 3 of the Civil Code. |
| Directive 92/28/EEC on the advertising of medicinal products for human use | Superseded by Directive 2001/83/EC (OJ L 311, 28.11.2001, p. 67). | Superseded by Directive 2001/83/EC (OJ L 311, 28.11.2001, p. 67). | Superseded by Directive 2001/83/EC (OJ L 311, 28.11.2001, p. 67). | Superseded by Directive 2001/83/EC (OJ L 311, 28.11.2001, p. 67). |
| Directive 93/13/EEC on unfair terms in consumer contracts | Yes | Yes | No | Article 240, fourth paragraph, of Book 6 of the Civil Code. |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | Yes | Yes | No | Articles 305a, 305b, 305c and 305d, third paragraph, of Book 3 of the Civil Code. |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | Yes | Yes | No | Ditto |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | Yes | Yes | No | Ditto |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | Yes | Yes | No | Ditto |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | Yes | Yes | No | Ditto |
| Directive 2006/123/EC on services in the internal market | Yes | Yes | No | Articles 305a, 305b and 305c of Book 3 of the Civil Code. |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

Yes

Yes

No

Articles 305a, 305b, 305c and 305d, third paragraph, of Book 3 of the Civil Code (Burgerlijk Wetboek).

Burgerlijk Wetboek

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

Yes

Yes

No

Ditto

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

Yes

Yes

No

Ditto

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

Yes, the opposing parties are given a hearing following the filing of an action under the complaints procedure.

Yes

No

Articles 305a, 305b, 305c and 305d, third paragraph, of Book 3 of the Civil Code.

Articles 10, 11 and 17-20 of the Directive have been implemented in the Media Act (Mediawet). Compliance with the provisions of the Media Act is monitored by the Media Authority (Commissariaat voor de Media).

Mediawet

Commissariaat voor de Media

*With regard to Articles 12-16, the Media Act stipulates compulsory membership of the Dutch Advertising Code Committee (Nederlandse Reclame Code Commissie).

Nederlandse Reclame Code Commissie

Article 12 of the Directive: the Dutch Constitution (grondwet), the Criminal Code (wetboek van strafrecht) and self-regulation in the Dutch Advertising Code.

grondwet

wetboek van strafrecht

Article 13: Total smoking ban under the Tobacco Act and the Dutch Advertising Code.

Article 14: Medicines Act (wet op de geneesmiddelen) and self-regulation in the Dutch Advertising Code.

wet op de geneesmiddelen

Article 15: Media Act (total ban on advertising alcoholic beverages before 9.00 p.m.) and the Dutch Advertising Code.

Article 16: Regulated under the Dutch Advertising Code.

The Dutch Advertising Code Committee monitors compliance with the Dutch Advertising Code. It also has a procedure for complaints and appeals.

Directive 90/314/EEC on package travel, package holidays and package tours

Yes

Yes

No

Articles 305a, 305b, 305c and 305d, third paragraph, of Book 3 of the Civil Code.

Directive 92/28/EEC on the advertising of medicinal products for human use

Superseded by Directive 2001/83/EC (OJ L 311, 28.11.2001, p. 67).

Superseded by Directive 2001/83/EC (OJ L 311, 28.11.2001, p. 67).

Superseded by Directive 2001/83/EC (OJ L 311, 28.11.2001, p. 67).

Superseded by Directive 2001/83/EC (OJ L 311, 28.11.2001, p. 67).

Directive 93/13/EEC on unfair terms in consumer contracts

Yes

Yes

No

Article 240, fourth paragraph, of Book 6 of the Civil Code.

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

Yes

Yes

No

Articles 305a, 305b, 305c and 305d, third paragraph, of Book 3 of the Civil Code.

Directive 97/7/EC on the protection of consumers in respect of distance contracts

Yes

Yes

No

Ditto

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

Yes

Yes

No

Ditto

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

Yes

Yes

No

Ditto

Directive 2002/65/EC concerning the distance marketing of consumer financial services

Yes

Yes

No

Ditto

Directive 2006/123/EC on services in the internal market

Yes

Yes

No

Articles 305a, 305b and 305c of Book 3 of the Civil Code.

AUSTRIA

AUSTRIA

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | No | No | No | Article 14 UWG (Gesetz gegen den unlauteren Wettbewerb — Law against unfair competition) |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | Not compulsory, merely optional (the option is usually taken up, however). | Yes | No | Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act) |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | Not compulsory, merely optional (the option is usually taken up, however). | Yes | No | Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act) |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | | | Article 36 ORF-Gesetz (Österreichischer Rundfunkgesetz — Austrian Broadcasting Act)
  Article 61 Privatfernsehgesetz — Private television Act) |
| Directive 90/314/EEC on package travel, package holidays and package tours | Not compulsory, merely optional (the option is usually taken up, however). | Yes | No | Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act) |
| Directive 92/28/EEC on the advertising of medicinal products for human use | Not compulsory, merely optional (the option is usually taken up, however). | Yes | No | Article 85a Arzneimittlegesetz — Medicines Act |
| Directive 93/13/EEC on unfair terms in consumer contracts | Not compulsory, merely optional (the option is usually taken up, however). | Yes | No | Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act) |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | Not compulsory, merely optional (the option is usually taken up, however). | Yes | No | Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act) |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | Not compulsory, merely optional (the option is usually taken up, however). | Yes | No | Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act) |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | Not compulsory, merely optional (the option is usually taken up, however). | Yes | No | Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act) |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | Not compulsory, merely optional (the option is usually taken up, however). | Yes | No | Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act) |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | Not compulsory, merely optional (the option is usually taken up, however). | | | Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act) |
| Directive 2006/123/EC on services in the internal market | Transposition currently under way. | | | |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

No

No

No

Article 14 UWG (Gesetz gegen den unlauteren Wettbewerb — Law against unfair competition)

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

Not compulsory, merely optional (the option is usually taken up, however).

Yes

No

Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act)

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

Not compulsory, merely optional (the option is usually taken up, however).

Yes

No

Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act)

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

Article 36 ORF-Gesetz (Österreichischer Rundfunkgesetz — Austrian Broadcasting Act)

Article 61 Privatfernsehgesetz — Private television Act)

Directive 90/314/EEC on package travel, package holidays and package tours

Not compulsory, merely optional (the option is usually taken up, however).

Yes

No

Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act)

Directive 92/28/EEC on the advertising of medicinal products for human use

Not compulsory, merely optional (the option is usually taken up, however).

Yes

No

Article 85a Arzneimittlegesetz — Medicines Act

Directive 93/13/EEC on unfair terms in consumer contracts

Not compulsory, merely optional (the option is usually taken up, however).

Yes

No

Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act)

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

Not compulsory, merely optional (the option is usually taken up, however).

Yes

No

Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act)

Directive 97/7/EC on the protection of consumers in respect of distance contracts

Not compulsory, merely optional (the option is usually taken up, however).

Yes

No

Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act)

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

Not compulsory, merely optional (the option is usually taken up, however).

Yes

No

Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act)

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

Not compulsory, merely optional (the option is usually taken up, however).

Yes

No

Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act)

Directive 2002/65/EC concerning the distance marketing of consumer financial services

Not compulsory, merely optional (the option is usually taken up, however).

Article 28(2) in conjunction with 28a KSchG (Konsumentenschutz-gesetz — Consumer Protection Act)

Directive 2006/123/EC on services in the internal market

Transposition currently under way.

POLAND

POLAND

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | No | | | |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | | | |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | | | |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | | | |
| Directive 90/314/EEC on package travel, package holidays and package tours | No | | | |
| Directive 92/28/EEC on the advertising of medicinal products for human use | No | | | |
| Directive 93/13/EEC on unfair terms in consumer contracts | No | | | |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | | | |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | | | |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | No | | | |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | | | |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | | | |
| Directive 2006/123/EC on services in the internal market | No | | | |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

No

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

Directive 90/314/EEC on package travel, package holidays and package tours

No

Directive 92/28/EEC on the advertising of medicinal products for human use

No

Directive 93/13/EEC on unfair terms in consumer contracts

No

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

No

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

Directive 2006/123/EC on services in the internal market

No

PORTUGAL

PORTUGAL

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | No | No | No | |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | No | No | |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | No | No | |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | No | No | |
| Directive 90/314/EEC on package travel, package holidays and package tours | No | No | No | |
| Directive 92/28/EEC on the advertising of medicinal products for human use | No | No | No | |
| Directive 93/13/EEC on unfair terms in consumer contracts | No | No | No | |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | No | No | |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | No | No | |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | No | No | No | |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | No | No | |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | No | No | |
| Directive 2006/123/EC on services in the internal market | No | No | No | |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

No

No

No

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

No

No

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

No

No

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

No

No

Directive 90/314/EEC on package travel, package holidays and package tours

No

No

No

Directive 92/28/EEC on the advertising of medicinal products for human use

No

No

No

Directive 93/13/EEC on unfair terms in consumer contracts

No

No

No

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

No

No

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

No

No

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

No

No

No

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

No

No

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

No

No

Directive 2006/123/EC on services in the internal market

No

No

No

ROMANIA

ROMANIA

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | Yes | No | Yes* | *Article 6 of Government Decision No 1553/2004:






  ‘1. | Before bringing an action before the competent consumer protection authority in order that the measures provided for be taken to put an end to the unlawful practices, an empowered organisation in a European Union Member State, representing the collective interests of consumers which have been adversely affected by a Romanian economic operator shall address the person accused of committing the unlawful act and the empowered organisation in Romania, as provided for in this Decision, with a view to bringing about the cessation of the unlawful practices. |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

Yes

No

Yes*

*Article 6 of Government Decision No 1553/2004:

‘1.

Before bringing an action before the competent consumer protection authority in order that the measures provided for be taken to put an end to the unlawful practices, an empowered organisation in a European Union Member State, representing the collective interests of consumers which have been adversely affected by a Romanian economic operator shall address the person accused of committing the unlawful act and the empowered organisation in Romania, as provided for in this Decision, with a view to bringing about the cessation of the unlawful practices.

| 2. | In cases where the unlawful practice does not end within 14 calendar days from the date on which the party accused of committing the unlawful act was addressed, the organisation whose collective interest was harmed shall bring an action before the competent authority in the field of consumer protection, established as provided for in the Annex.’ |
| --- | --- |

2.

In cases where the unlawful practice does not end within 14 calendar days from the date on which the party accused of committing the unlawful act was addressed, the organisation whose collective interest was harmed shall bring an action before the competent authority in the field of consumer protection, established as provided for in the Annex.’

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

Yes

No

Yes*

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

Yes

No

Yes*

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

Yes

No

Yes*

Directive 90/314/EEC on package travel, package holidays and package tours

Yes

No

Yes*

Directive 92/28/EEC on the advertising of medicinal products for human use

Yes

(Directive 92/28/EEC was repealed by Directive 2001/83/EC)

No

Yes*

Directive 93/13/EEC on unfair terms in consumer contracts

Yes

No

Yes*

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

Yes

No

Yes*

Directive 97/7/EC on the protection of consumers in respect of distance contracts

Yes

No

Yes*

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

Yes

No

Yes*

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

Yes

No

Yes*

Directive 2002/65/EC concerning the distance marketing of consumer financial services

Yes

No

Yes*

Directive 2006/123/EC on services in the internal market

Not transposed into national law

Deadline for transposition into national law:

28 December 2009

SLOVENIA

SLOVENIA

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | Yes | No | Yes | Consumer Protection Act, Article 75, paragraph 4 |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | Yes | No | Yes | Consumer Protection Act, Article 75, paragraph 4 |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | Yes | No | Yes | Consumer Protection Act, Article 75, paragraph 4 |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | Yes | No | Yes | Consumer Protection Act, Article 75, paragraph 4 |
| Directive 90/314/EEC on package travel, package holidays and package tours | Yes | No | Yes | Consumer Protection Act, Article 75, paragraph 4 |
| Directive 92/28/EEC on the advertising of medicinal products for human use | Yes | No | Yes | Consumer Protection Act, Article 75, paragraph 4 |
| Directive 93/13/EEC on unfair terms in consumer contracts | Yes | No | Yes | Consumer Protection Act, Article 75, paragraph 4 |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | Yes | No | Yes | Consumer Protection Act, Article 75, paragraph 4 |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | Yes | No | Yes | Consumer Protection Act, Article 75, paragraph 4 |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | Yes | No | Yes | Consumer Protection Act, Article 75, paragraph 4 |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | Yes | No | Yes | Consumer Protection Act, Article 75, paragraph 4 |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | Yes | No | Yes | Consumer Protection Act, Article 75, paragraph 4 |
| Directive 2006/123/EC on services in the internal market | No (15) | No | No | |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

Yes

No

Yes

Consumer Protection Act, Article 75, paragraph 4

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

Yes

No

Yes

Consumer Protection Act, Article 75, paragraph 4

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

Yes

No

Yes

Consumer Protection Act, Article 75, paragraph 4

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

Yes

No

Yes

Consumer Protection Act, Article 75, paragraph 4

Directive 90/314/EEC on package travel, package holidays and package tours

Yes

No

Yes

Consumer Protection Act, Article 75, paragraph 4

Directive 92/28/EEC on the advertising of medicinal products for human use

Yes

No

Yes

Consumer Protection Act, Article 75, paragraph 4

Directive 93/13/EEC on unfair terms in consumer contracts

Yes

No

Yes

Consumer Protection Act, Article 75, paragraph 4

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

Yes

No

Yes

Consumer Protection Act, Article 75, paragraph 4

Directive 97/7/EC on the protection of consumers in respect of distance contracts

Yes

No

Yes

Consumer Protection Act, Article 75, paragraph 4

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

Yes

No

Yes

Consumer Protection Act, Article 75, paragraph 4

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

Yes

No

Yes

Consumer Protection Act, Article 75, paragraph 4

Directive 2002/65/EC concerning the distance marketing of consumer financial services

Yes

No

Yes

Consumer Protection Act, Article 75, paragraph 4

Directive 2006/123/EC on services in the internal market

No (15)

15

No

No

SLOVAK REPUBLIC

SLOVAK REPUBLIC

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | No | No | No | |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | No | No | |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | No | No | |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | No | No | |
| Directive 90/314/EEC on package travel, package holidays and package tours | No | No | No | |
| Directive 92/28/EEC on the advertising of medicinal products for human use | No | No | No | |
| Directive 93/13/EEC on unfair terms in consumer contracts | No | No | No | |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | No | No | |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | No | No | |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | No | No | No | |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | No | No | |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | No | No | |
| Directive 2006/123/EC on services in the internal market | No | No | No | |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

No

No

No

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

No

No

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

No

No

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

No

No

Directive 90/314/EEC on package travel, package holidays and package tours

No

No

No

Directive 92/28/EEC on the advertising of medicinal products for human use

No

No

No

Directive 93/13/EEC on unfair terms in consumer contracts

No

No

No

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

No

No

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

No

No

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

No

No

No

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

No

No

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

No

No

Directive 2006/123/EC on services in the internal market

No

No

No

FINLAND

FINLAND

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | No | No | No | |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | No | No | No | |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | No | No | No | |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | No | No | No | |
| Directive 90/314/EEC on package travel, package holidays and package tours | No | No | No | |
| Directive 92/28/EEC on the advertising of medicinal products for human use | No | No | No | |
| Directive 93/13/EEC on unfair terms in consumer contracts | No | No | No | |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | No | No | No | |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | No | No | No | |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | No | No | No | |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | No | No | No | |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | No | No | No | |
| Directive 2006/123/EC on services in the internal market | No | No | No | |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

No

No

No

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

No

No

No

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

No

No

No

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

No

No

No

Directive 90/314/EEC on package travel, package holidays and package tours

No

No

No

Directive 92/28/EEC on the advertising of medicinal products for human use

No

No

No

Directive 93/13/EEC on unfair terms in consumer contracts

No

No

No

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

No

No

No

Directive 97/7/EC on the protection of consumers in respect of distance contracts

No

No

No

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

No

No

No

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

No

No

No

Directive 2002/65/EC concerning the distance marketing of consumer financial services

No

No

No

Directive 2006/123/EC on services in the internal market

No

No

No

SWEDEN

SWEDEN

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | Yes | Yes | No | Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | Yes | Yes | No | Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | Yes | Yes | No | Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | Yes | Yes | No | Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations |
| Directive 90/314/EEC on package travel, package holidays and package tours | Yes | Yes | No | Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations |
| Directive 92/28/EEC on the advertising of medicinal products for human use | Yes | Yes | No | Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations |
| Directive 93/13/EEC on unfair terms in consumer contracts | Yes | Yes | No | Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | Yes | Yes | No | Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | Yes | Yes | No | Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | Yes | Yes | No | Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | Yes | Yes | No | Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | Yes | Yes | No | Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations |
| Directive 2006/123/EC on services in the internal market | | | | Implementation ongoing |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

Yes

Yes

No

Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

Yes

Yes

No

Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

Yes

Yes

No

Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

Yes

Yes

No

Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations

Directive 90/314/EEC on package travel, package holidays and package tours

Yes

Yes

No

Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations

Directive 92/28/EEC on the advertising of medicinal products for human use

Yes

Yes

No

Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations

Directive 93/13/EEC on unfair terms in consumer contracts

Yes

Yes

No

Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

Yes

Yes

No

Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations

Directive 97/7/EC on the protection of consumers in respect of distance contracts

Yes

Yes

No

Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

Yes

Yes

No

Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

Yes

Yes

No

Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations

Directive 2002/65/EC concerning the distance marketing of consumer financial services

Yes

Yes

No

Sections 1 and 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations

Directive 2006/123/EC on services in the internal market

Implementation ongoing

UNITED KINGDOM

UNITED KINGDOM

| | Does your national legislation provide for prior consultation in relation to the following directives?
  (Yes/No) | Consultation with the defendant only
  (Yes/No) | Consultation with both the defendant and a national qualified entity
  (Yes/No) | Reference to your national legislation
  (Act, article, paragraph) |
| --- | --- | --- | --- | --- |
| Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market | Yes | | Yes | s214 (1)-(7) Enterprise Act 2002 |
| Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises | Yes | | Yes | s214 (1)-(7) Enterprise Act 2002 |
| Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit | Yes | | Yes | s214 (1)-(7) Enterprise Act 2002 |
| Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 | Yes | | Yes | s214 (1)-(7) Enterprise Act 2002 |
| Directive 90/314/EEC on package travel, package holidays and package tours | Yes | | Yes | s214 (1)-(7) Enterprise Act 2002 |
| Directive 92/28/EEC on the advertising of medicinal products for human use | Yes | | Yes | s214 (1)-(7) Enterprise Act 2002 |
| Directive 93/13/EEC on unfair terms in consumer contracts | Yes | | Yes | s214 (1)-(7) Enterprise Act 2002 |
| Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis | Yes | | Yes | s214 (1)-(7) Enterprise Act 2002 |
| Directive 97/7/EC on the protection of consumers in respect of distance contracts | Yes | | Yes | s214 (1)-(7) Enterprise Act 2002 |
| Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees | Yes | | Yes | s214 (1)-(7) Enterprise Act 2002 |
| Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) | Yes | | Yes | s214 (1)-(7) Enterprise Act 2002 |
| Directive 2002/65/EC concerning the distance marketing of consumer financial services | Yes | | Yes | s214 (1)-(7) Enterprise Act 2002 |
| Directive 2006/123/EC on services in the internal market | Not yet transposed into UK law | | | |

Does your national legislation provide for prior consultation in relation to the following directives?

(Yes/No)

Consultation with the defendant only

(Yes/No)

Consultation with both the defendant and a national qualified entity

(Yes/No)

Reference to your national legislation

(Act, article, paragraph)

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market

Yes

Yes

s214 (1)-(7) Enterprise Act 2002

Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises

Yes

Yes

s214 (1)-(7) Enterprise Act 2002

Directive 87/102/EEC for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit

Yes

Yes

s214 (1)-(7) Enterprise Act 2002

Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21

Yes

Yes

s214 (1)-(7) Enterprise Act 2002

Directive 90/314/EEC on package travel, package holidays and package tours

Yes

Yes

s214 (1)-(7) Enterprise Act 2002

Directive 92/28/EEC on the advertising of medicinal products for human use

Yes

Yes

s214 (1)-(7) Enterprise Act 2002

Directive 93/13/EEC on unfair terms in consumer contracts

Yes

Yes

s214 (1)-(7) Enterprise Act 2002

Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis

Yes

Yes

s214 (1)-(7) Enterprise Act 2002

Directive 97/7/EC on the protection of consumers in respect of distance contracts

Yes

Yes

s214 (1)-(7) Enterprise Act 2002

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

Yes

Yes

s214 (1)-(7) Enterprise Act 2002

Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

Yes

Yes

s214 (1)-(7) Enterprise Act 2002

Directive 2002/65/EC concerning the distance marketing of consumer financial services

Yes

Yes

s214 (1)-(7) Enterprise Act 2002

Directive 2006/123/EC on services in the internal market

Not yet transposed into UK law

---

(1)  OJ L 149, 11.6.2005, p. 22.

1

(2)  OJ L 372, 31.12.1985, p. 31.

2

(3)  OJ L 42, 12.2.1987, p. 48.

3

(4)  OJ L 298, 17.10.1989, p. 23.

4

(5)  OJ L 158, 23.6.1990, p. 59.

5

(6)  OJ L 113, 30.4.1992, p. 13.

6

(7)  OJ L 95, 21.4.1993, p. 29.

7

(8)  OJ L 280, 29.10.1994, p. 83.

8

(9)  OJ L 144, 4.6.1997, p. 19.

9

(10)  OJ L 171, 7.7.1999, p. 12.

10

(11)  OJ L 178, 17.7.2000, p. 1.

11

(12)  OJ L 271, 9.10.2002, p. 16.

12

(13)  OJ L 376, 27.12.2006, p. 36.

13

(14)  This Decree also regulates the Community Directives on distance contracts and contracts away from business premises; unfair terms, guarantees regarding the sale of moveable property and package travel.

14

(15)  The Directive on services is currently being transposed into the national law of the Republic of Slovenia.

15

---