# Official Journal C 181/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2009.181.eng |
| --- | --- |
| Official Journal
  of the European Union | C 181 |
| | |
| English edition | Information and Notices | Volume 524 August 2009 |

ISSN 1725-2423

doi:10.3000/17252423.C_2009.181.eng

Official Journal

of the European Union

C 181

English edition

Information and Notices

Volume 524 August 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 181/01 | Non-opposition to a notified concentration (Case COMP/M.5562 — Fortis Private Equity/Kuiken) (
  1
  ) | 1 |
| 2009/C 181/02 | Communication from the Commission — Communication in accordance with Article 13(2) of Commission Regulation (EC) No 885/2006 of 21 June 2006 renewing the term of office of a member of the Conciliation Body set up in the context of the clearance of the accounts of the Agricultural Funds | 2 |
| 2009/C 181/03 | Explanatory Notes to the Combined Nomenclature of the European Communities | 3 |
| 2009/C 181/04 | Explanatory Notes to the Combined Nomenclature of the European Communities | 4 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 181/01

Non-opposition to a notified concentration (Case COMP/M.5562 — Fortis Private Equity/Kuiken) (
  1
  )

1

1

2009/C 181/02

Communication from the Commission — Communication in accordance with Article 13(2) of Commission Regulation (EC) No 885/2006 of 21 June 2006 renewing the term of office of a member of the Conciliation Body set up in the context of the clearance of the accounts of the Agricultural Funds

2

2009/C 181/03

Explanatory Notes to the Combined Nomenclature of the European Communities

3

2009/C 181/04

Explanatory Notes to the Combined Nomenclature of the European Communities

4

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2009/C 181/05 | Interest rate applied by the European Central Bank to its main refinancing operations: 1,00 % on 1 August 2009 — Euro exchange rates | 5 |
| | NOTICES FROM MEMBER STATES |
| 2009/C 181/06 | 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 | 6 |
| 2009/C 181/07 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 38 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2009/C 181/05

Interest rate applied by the European Central Bank to its main refinancing operations: 1,00 % on 1 August 2009 — Euro exchange rates

5

NOTICES FROM MEMBER STATES

2009/C 181/06

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

6

2009/C 181/07

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

38

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | Commission |
| 2009/C 181/08 | Notice of the expiry of certain anti-dumping measures | 41 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY |
| | Commission |
| 2009/C 181/09 | State aid — France, Belgium, Luxembourg — State aid C 9/09 (ex NN 49/08, 50/08 and 45/08) — Aid to Dexia in the form of guarantees for bonds and certain assets, liquidity assistance and a capital increase — Belgium, France, Luxembourg — Invitation to submit comments pursuant to Article 88(2) of the EC Treaty (
  1
  ) | 42 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

2009/C 181/08

Notice of the expiry of certain anti-dumping measures

41

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

2009/C 181/09

State aid — France, Belgium, Luxembourg — State aid C 9/09 (ex NN 49/08, 50/08 and 45/08) — Aid to Dexia in the form of guarantees for bonds and certain assets, liquidity assistance and a capital increase — Belgium, France, Luxembourg — Invitation to submit comments pursuant to Article 88(2) of the EC Treaty (
  1
  )

1

42

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 4.8.2009 | EN | Official Journal of the European Union | C 181/1 |
| --- | --- | --- | --- |

4.8.2009

EN

Official Journal of the European Union

C 181/1

---

Non-opposition to a notified concentration

(Case COMP/M.5562 — Fortis Private Equity/Kuiken)

(Text with EEA relevance)

2009/C 181/01

On 27 July 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5562. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5562. EUR-Lex is the on-line access to the European law.

---

| 4.8.2009 | EN | Official Journal of the European Union | C 181/2 |
| --- | --- | --- | --- |

4.8.2009

EN

Official Journal of the European Union

C 181/2

---

COMMUNICATION FROM THE COMMISSION

Communication in accordance with Article 13(2) of Commission Regulation (EC) No 885/2006 of 21 June 2006 renewing the term of office of a member of the Conciliation Body set up in the context of the clearance of the accounts of the Agricultural Funds

2009/C 181/02

The Commission has extended for a period of one year from 1 August 2009 to 31 July 2010 the term of office of a member of the Conciliation Body: Mr Peter BAUMANN.

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| 4.8.2009 | EN | Official Journal of the European Union | C 181/3 |
| --- | --- | --- | --- |

4.8.2009

EN

Official Journal of the European Union

C 181/3

---

Explanatory Notes to the Combined Nomenclature of the European Communities

2009/C 181/03

Pursuant to Article 9(1)(a), second indent, of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Communities (2) are amended as follows:

Page 91

Between CN Explanatory Note to subheading 2202 10 00 and CN Explanatory Note to subheadings 2202 90 91 to 2202 90 99 the following text is inserted:

‘2202 90 10:   Other non-alcoholic beverages not containing products of headings 0401 to 0404 or fat obtained from products of headings 0401 to 0404

This subheading includes tonic preparations as described in the CN Explanatory Notes to this Chapter, General, second paragraph. Those non-alcoholic beverages, often referred to as food supplements may be based on extracts from plants (including herbs) and containing added vitamins or/and minerals. In general those preparations should maintain general health and well-being; therefore they differ from the flavoured or sweetened waters and other soft drinks of subheading 2202 10 00, referred to in HS Explanatory Notes to heading 2202, paragraph (A).’

Page 91

Page 91

The following second paragraph is added to the CN Explanatory Note to subheadings 2202 90 91 to 2202 90 99 Other, containing by weight of fat obtained from the products of headings 0401 to 0404:

2202 90 91 to 2202 90 99 Other, containing by weight of fat obtained from the products of headings 0401 to 0404

‘See CN Explanatory Note to subheading 2202 90 10.’

---

(1)  OJ L 256, 7.9.1987, p. 1.

1

(2)  OJ C 133, 30.5.2008, p. 1.

2

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| 4.8.2009 | EN | Official Journal of the European Union | C 181/4 |
| --- | --- | --- | --- |

4.8.2009

EN

Official Journal of the European Union

C 181/4

---

Explanatory Notes to the Combined Nomenclature of the European Communities

2009/C 181/04

Pursuant to Article 9(1)(a), second indent, of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Communities (2) are amended as follows:

Page 395

Between CN Explanatory Note to subheadings 9503 00 41 and 9503 00 49 and CN Explanatory Note to subheadings 9503 00 75 and 9503 00 79 the following text is inserted:

‘9503 00 70   Other toys, put up in sets or outfits

“Sets” of this subheading consist of two or more different types of articles (principally for amusement), put up in the same packing for retail sale without repacking.

Articles of the same subheading, except for items covered by subheadings 9503 00 95 or 9503 00 99 (as these subheadings may include miscellaneous articles of different types), are not to be considered different types of articles.

Apart from the articles forming a set, simple accessories or objects of minor importance intended to be used with the articles (for example, a plastic carrot or a plastic brush for a toy animal) can be present.

By virtue of Note 4 to Chapter 95, this subheading includes sets intended for the amusement of children, consisting of articles of heading 9503 combined with one or more items which, if presented separately, would be classified in other headings, provided that the combinations have the essential character of toys. Examples are:

| — | sets consisting of toys in the form of injection moulds and moulds for modelling pastes together with other items such as tubes or tablets of paint, modelling pastes, pencils and chalks, |
| --- | --- |

—

sets consisting of toys in the form of injection moulds and moulds for modelling pastes together with other items such as tubes or tablets of paint, modelling pastes, pencils and chalks,

| — | cosmetic sets for children containing articles of heading 9503 combined with preparations of heading 3304. |
| --- | --- |

—

cosmetic sets for children containing articles of heading 9503 combined with preparations of heading 3304.

However, cosmetic sets for children containing preparations of heading 3304 which do not contain any articles of heading 9503 are excluded (heading 3304).

“Outfits” of this subheading consist of two or more different articles put up in the same packing for retail sale, without repacking, and are specific to a particular type of recreation, work, person or profession, such as instructional and educational toys.’

---

(1)  OJ L 256, 7.9.1987, p. 1.

1

(2)  OJ C 133, 30.5.2008, p. 1.

2

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

| 4.8.2009 | EN | Official Journal of the European Union | C 181/5 |
| --- | --- | --- | --- |

4.8.2009

EN

Official Journal of the European Union

C 181/5

---

Interest rate applied by the European Central Bank to its main refinancing operations (1):

1,00 % on 1 August 2009

Euro exchange rates (2)

3 August 2009

2009/C 181/05

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4303 |
| JPY | Japanese yen | 135,86 |
| DKK | Danish krone | 7,4449 |
| GBP | Pound sterling | 0,84920 |
| SEK | Swedish krona | 10,2983 |
| CHF | Swiss franc | 1,5246 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,6800 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,695 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 265,70 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7023 |
| PLN | Polish zloty | 4,1088 |
| RON | Romanian leu | 4,2030 |
| TRY | Turkish lira | 2,0956 |
| AUD | Australian dollar | 1,7020 |
| CAD | Canadian dollar | 1,5274 |
| HKD | Hong Kong dollar | 11,0849 |
| NZD | New Zealand dollar | 2,1445 |
| SGD | Singapore dollar | 2,0513 |
| KRW | South Korean won | 1 745,63 |
| ZAR | South African rand | 11,0823 |
| CNY | Chinese yuan renminbi | 9,7701 |
| HRK | Croatian kuna | 7,3560 |
| IDR | Indonesian rupiah | 14 163,96 |
| MYR | Malaysian ringgit | 5,0168 |
| PHP | Philippine peso | 68,742 |
| RUB | Russian rouble | 44,4465 |
| THB | Thai baht | 48,652 |
| BRL | Brazilian real | 2,6482 |
| MXN | Mexican peso | 18,7627 |
| INR | Indian rupee | 68,0680 |

Currency

Exchange rate

USD

US dollar

1,4303

JPY

Japanese yen

135,86

DKK

Danish krone

7,4449

GBP

Pound sterling

0,84920

SEK

Swedish krona

10,2983

CHF

Swiss franc

1,5246

ISK

Iceland króna

NOK

Norwegian krone

8,6800

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,695

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

265,70

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7023

PLN

Polish zloty

4,1088

RON

Romanian leu

4,2030

TRY

Turkish lira

2,0956

AUD

Australian dollar

1,7020

CAD

Canadian dollar

1,5274

HKD

Hong Kong dollar

11,0849

NZD

New Zealand dollar

2,1445

SGD

Singapore dollar

2,0513

KRW

South Korean won

1 745,63

ZAR

South African rand

11,0823

CNY

Chinese yuan renminbi

9,7701

HRK

Croatian kuna

7,3560

IDR

Indonesian rupiah

14 163,96

MYR

Malaysian ringgit

5,0168

PHP

Philippine peso

68,742

RUB

Russian rouble

44,4465

THB

Thai baht

48,652

BRL

Brazilian real

2,6482

MXN

Mexican peso

18,7627

INR

Indian rupee

68,0680

---

(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.

---

NOTICES FROM MEMBER STATES

| 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

| | 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)

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

| 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)

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)

No

No

No

Medicines Act of 25 March 1964

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

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)

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)

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)

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)

No

No

No

WHPC

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

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

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

| | 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

| | 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

| | 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

| | 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

| | 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

| | 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

| | 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

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

| | 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)

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

| | 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

| | 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

| | 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

| | 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

| | 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

| | 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

| | 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

| | 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).

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.

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

| | 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

| | 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

| | 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

| | 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)

No

No

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

| | 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

| | 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

| | 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.

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

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

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

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

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

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

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

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

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

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

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

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

(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.

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

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| 4.8.2009 | EN | Official Journal of the European Union | C 181/38 |
| --- | --- | --- | --- |

4.8.2009

EN

Official Journal of the European Union

C 181/38

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Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

2009/C 181/07

Aid No: XA 118/09

Member State: Federal Republic of Germany

Region: Schleswig-Holstein

Title of aid scheme or name of company receiving individual aid: Beihilfen für bestimmte Maßnahmen im Rahmen des TSE-Monitorings, die nach den Bestimmungen der Verordnung (EG) Nr. 999/2001 des Europäischen Parlaments und des Rates vom 22. Mai 2001 mit Vorschriften zur Verhütung, Kontrolle und Tilgung bestimmter transmissibler spongiformer Enzephalopathien (TSE-Verordnung) durchgeführt worden sind

Legal basis: Richtlinien für die Gewährung von Beihilfen im Rahmen der Bekämpfung Transmissibler Spongiformer Enzephalopathien bei Rindern, Schafen und Ziegen (TSE-Beihilfe-Richtlinien)

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company:

| 1. | cattle, sheep and goats which have died: EUR 105 000 |
| --- | --- |

1.

cattle, sheep and goats which have died: EUR 105 000

| 2. | sheep and goats which have been slaughtered: EUR 3 000 |
| --- | --- |

2.

sheep and goats which have been slaughtered: EUR 3 000

Maximum aid intensity:

| 1. | 100 % |
| --- | --- |

1.

100 %

| 2. | 100 % |
| --- | --- |

2.

100 %

Date of implementation: The aid will be granted from the time of publication on the internet of the summary information on the aid scheme

Duration of scheme or individual aid award: Until 31 December 2013

Objective of aid: The exemption is justified by Article 10(1) of Regulation (EC) No 1857/2006.

The purpose of the measure is to compensate for the costs of certain measures, which are carried out in connection with TSE monitoring for the prevention, control and eradication of certain transmissible spongiform encephalopathies.

No direct payments will be made to beneficiaries; aid will granted in the form of a subsidised service.

In particular, it should be noted that Article 10(4) to (8) of Commission Regulation (EC) No 1857/2006 will be complied with.

The measure is linked to the prevention of transmissible spongiform encephalopathies in cattle, sheep and goats and is therefore compatible with the common market within the meaning of Article 87(3)(c) of the EC Treaty.

Sectors concerned: Agriculture

The cattle, sheep and goat farmers eligible for aid run small and medium-sized agricultural holdings within the meaning of Commission Regulation (EC) No 1857/2006.

Name and address of the granting authority:

| Ministerium für Landwirtschaft, Umwelt und ländliche Räume Schleswig-Holstein |
| --- |
| Mercatorstraße 3 |
| 24106 Kiel |
| DEUTSCHLAND |

Ministerium für Landwirtschaft, Umwelt und ländliche Räume Schleswig-Holstein

Mercatorstraße 3

24106 Kiel

DEUTSCHLAND

Website: http://www.schleswig-holstein.de/UmweltLandwirtschaft/DE/LandFischRaum/11_ZPLR/PDF/TSE_Richtlinie,templateId=raw,property=publicationFile.pdf

Aid No: XA 119/09

Member State: Republic of Lithuania

Region: —

Title of aid scheme or name of company receiving individual aid: Pagalba, skirta kompensuoti draudimo įmokas

Legal basis: Lietuvos Respublikos žemės ūkio ir kaimo plėtros įstatymas (Žin., 2002, Nr. 72-3009, 2008, Nr. 81-3174).

http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=325142

Lietuvos Respublikos žemės ūkio ministro įsakymo ‘Dėl draudimo įmokų dalinio kompensavimo taisyklių patvirtinimo’ projektas

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Annual budget of LTL 30 million (approximately EUR 8 690 000);

Total budget of LTL 180 million (approximately EUR 52 130 000).

Maximum aid intensity:

| 1. | 50 % of the cost of crop insurance premiums (provided that the entire crop area on the farm which is eligible for insurance by the insurance company is, at the very least, insured against the following events: drought during the growing season, winterkill (winter crops), hail and excessive rain); |
| --- | --- |

1.

50 % of the cost of crop insurance premiums (provided that the entire crop area on the farm which is eligible for insurance by the insurance company is, at the very least, insured against the following events: drought during the growing season, winterkill (winter crops), hail and excessive rain);

| 2. | 30 % of the cost of cattle insurance premiums (with insurance premiums to be reimbursed in respect of the insurance amount not exceeding the standardised price for the biological asset as laid down by Order of the Minister for Agriculture of the Republic of Lithuania). |
| --- | --- |

2.

30 % of the cost of cattle insurance premiums (with insurance premiums to be reimbursed in respect of the insurance amount not exceeding the standardised price for the biological asset as laid down by Order of the Minister for Agriculture of the Republic of Lithuania).

Taking into account the financial means available to the Republic of Lithuania, the percentage of insurance premiums reimbursed may be reduced

Date of implementation: The aid scheme will enter into force when the Commission has sent a notice of receipt, with an identification number, and has published the summary on the Internet.

Duration of scheme or individual aid award: Until 31 December 2013

Objective of aid: SMEs,

Insurance premiums (Article 12 of Commission Regulation (EC) No 1857/2006).

Eligible expenditure:

A percentage of the insurance premiums paid to the insurance company to insure:

crops against losses caused by adverse climatic events which can be assimilated to natural disasters and/or against losses caused by adverse climatic events (frost, hail, ice, rain, drought, etc.); or

cattle (cows, bulls, steers, calves, heifers and bullocks) against disease.

Sector(s) concerned: Primary production of agricultural products

Name and address of the granting authority:

| Lietuvos Respublikos žemės ūkio ministerija |
| --- |
| Gedimino pr. 19 (Lelevelio g. 6) |
| LT-01103 Vilnius |
| LIETUVA/LITHUANIA |

Lietuvos Respublikos žemės ūkio ministerija

Gedimino pr. 19 (Lelevelio g. 6)

LT-01103 Vilnius

LIETUVA/LITHUANIA

Website: http://www.zum.lt/lt/teisine-informacija/projektai

Other information: Once it has entered into force, this State aid scheme will supersede the previous State aid scheme, N 666/2007 — ‘Pagalba, skirta kompensuoti draudimo įmokas’ (aid for reimbursement of insurance premiums).

Aid No: XA 121/09

Member State: Belgium

Region: Flanders

Title of aid scheme or name of company receiving individual aid: Verbond voor Eieren, Pluimvee en Konijnen vzw

Legal basis: Decreet van 19 december 2008 houdende de algemene uitgavenbegroting van de Vlaamse Gemeenschap voor het begrotingsjaar 2009

Koninklijk besluit van 2 juni 1998 betreffende de zoötechnische en genealogische voorschriften voor de verbetering en de instandhouding van de pluimvee- en konijnenrassen

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 0,02 million

Maximum aid intensity: The maximum aid intensity is 100 % to cover the costs of consultancy services provided by third parties and the fees for services which do not constitute a continuous or periodic activity and do not relate to the enterprise’s usual operating expenditure, such as routine tax consultancy services, regular legal services or advertising.

Date of implementation: Aid may be granted as from 1 May and, at the earliest, 15 days after notification.

Aid can be granted by means of an implementing decree. These decrees are drawn up annually. A draft implementing decree has yet to be drawn up and will include a ‘standstill’ clause

Duration of scheme or individual aid award: The subsidy will be granted in the period to 31 December 2009.

Objective of aid: The registered association Verbond voor Eieren, Pluimvee en Konijnen vsw (VEPEK) has indicated that it will use the aid to provide consultancy services to participants from enterprises active in primary production in the poultry and rabbit sectors with regard to animal health, food safety, food quality, animal welfare, environmental problems and economic and breeding issues.

The aid is to be granted under Article 15 of Regulation (EC) No 1857/2006 and meets the criteria thereof.

Article 15(2)(c): concerning consultancy services provided by third parties, the fees for services which do not constitute a continuous or periodic activity nor relate to the enterprise’s usual operating expenditure, such as routine tax consultancy services, regular legal services or advertising.

Sector(s) concerned: Livestock

Name and address of the granting authority:

| Departement Landbouw en Visserij |
| --- |
| Duurzame Landbouwontwikkeling |
| Ellips, 6e verdieping |
| Koning Albert II laan 35, bus 40 |
| 1030 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Departement Landbouw en Visserij

Duurzame Landbouwontwikkeling

Ellips, 6e verdieping

Koning Albert II laan 35, bus 40

1030 Bruxelles/Brussel

BELGIQUE/BELGIË

Website: http://www2.vlaanderen.be/ned/sites/landbouw/info/steun/eu.html

Other information: —

Secretary-General

Jules VAN LIEFFERINGE

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

Commission

| 4.8.2009 | EN | Official Journal of the European Union | C 181/41 |
| --- | --- | --- | --- |

4.8.2009

EN

Official Journal of the European Union

C 181/41

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Notice of the expiry of certain anti-dumping measures

2009/C 181/08

Further to the publication of a notice of impending expiry (1) following which no request for a review was lodged, the Commission gives notice that the anti-dumping measure mentioned below will shortly expire.

This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 (2) on protection against dumped imports from countries not members of the European Community.

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry |
| --- | --- | --- | --- | --- |
| Polyethylene terephthalate | Australia | Anti-dumping duty | Council Regulation (EC) No 1467/2004 (OJ L 271, 19.8.2004, p. 1) as last amended by Council Regulation (EC) No 2167/2005 (OJ L 345, 28.12.2005, p. 11) | 20.8.2009 |
| Australia | Undertaking | Commission Decision No 2004/600/EC (OJ L 271, 19.8.2004, p. 38) |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry

Polyethylene terephthalate

Australia

Anti-dumping duty

Council Regulation (EC) No 1467/2004 (OJ L 271, 19.8.2004, p. 1) as last amended by Council Regulation (EC) No 2167/2005 (OJ L 345, 28.12.2005, p. 11)

20.8.2009

Australia

Undertaking

Commission Decision No 2004/600/EC (OJ L 271, 19.8.2004, p. 38)

---

(1)  OJ C 5, 10.1.2009, p. 3.

(2)  OJ L 56, 6.3.1996, p. 1.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION POLICY

Commission

| 4.8.2009 | EN | Official Journal of the European Union | C 181/42 |
| --- | --- | --- | --- |

4.8.2009

EN

Official Journal of the European Union

C 181/42

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STATE AID — FRANCE, BELGIUM, LUXEMBOURG

State aid C 9/09 (ex NN 49/08, 50/08 and 45/08) — Aid to Dexia in the form of guarantees for bonds and certain assets, ‘liquidity assistance’ and a capital increase — Belgium, France, Luxembourg

Invitation to submit comments pursuant to Article 88(2) of the EC Treaty

(Text with EEA relevance)

2009/C 181/09

By letter of 13 March 2009, reproduced in the authentic language on the pages following this summary, the Commission notified Belgium, France and Luxembourg of its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty concerning the above mentioned aid.

Interested parties may submit their comments on the measures in respect of which the Commission is initiating the procedure within one month of the date of publication of this summary and the following letter, to:

| European Commission |
| --- |
| Directorate-General for Competition |
| State Aid Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22961242 |

European Commission

Directorate-General for Competition

State Aid Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22961242

These comments will be communicated to Belgium, France and Luxembourg. Confidential treatment of the identity of the interested party submitting the comments may be requested in writing, stating the reasons for the request.

SUMMARY

1.   PROCEDURE

| 1. | By decision of 19 November 2008, the Commission decided not to raise any objections to the liquidity assistance operation and the guarantee for Dexia bonds. The Commission considered these measures to be rescue aid and therefore compatible with the common market on the basis of Article 87(3)(b) of the Treaty, and authorised the measures for a period of six months from 3 October 2008, specifying that after that time the Commission would have to re-evaluate the aid as a structural measure. |
| --- | --- |

1.

By decision of 19 November 2008, the Commission decided not to raise any objections to the liquidity assistance operation and the guarantee for Dexia bonds. The Commission considered these measures to be rescue aid and therefore compatible with the common market on the basis of Article 87(3)(b) of the Treaty, and authorised the measures for a period of six months from 3 October 2008, specifying that after that time the Commission would have to re-evaluate the aid as a structural measure.

| 2. | A restructuring plan was notified to the Commission by France on 16 February 2009, by Luxembourg on 17 February 2009 and by Belgium on 18 February 2009. |
| --- | --- |

2.

A restructuring plan was notified to the Commission by France on 16 February 2009, by Luxembourg on 17 February 2009 and by Belgium on 18 February 2009.

2.   FACTS

| 3. | The recipient of the aid is Dexia, a financial group active in the banking and insurance sectors, listed on the Euronext Paris and Euronext Brussels stock exchanges; on 30 June 2008 its market capitalisation was EUR 11,7 billion. Dexia was formed in 1996 by the merger of France’s Crédit Local and Belgium’s Crédit Communal. It specialises in loans to local authorities but also has 5,5 million private customers, mainly in Belgium. |
| --- | --- |

3.

The recipient of the aid is Dexia, a financial group active in the banking and insurance sectors, listed on the Euronext Paris and Euronext Brussels stock exchanges; on 30 June 2008 its market capitalisation was EUR 11,7 billion. Dexia was formed in 1996 by the merger of France’s Crédit Local and Belgium’s Crédit Communal. It specialises in loans to local authorities but also has 5,5 million private customers, mainly in Belgium.

| 4. | Like the rest of the world banking industry, since September 2008 Dexia has been facing an acute financial crisis marked by a shortage of liquidity and a sustained increase in its cost. In 2008, the authorities in Belgium, France and Luxembourg (the Member States) introduced a number of measures to assist Dexia, including a capital increase of EUR 6,4 billion underwritten by the Member States and Dexia’s historical shareholders, a mechanism for guaranteeing bonds issued by Dexia, and liquidity assistance (LA) provided by the Banque Nationale de Belgique in cooperation with the Banque de France. The Member States undertook at the time to submit a restructuring plan for the Dexia Group, within six months of 3 October 2008, setting out measures to ensure its long-term viability. Moreover, Dexia, through its American subsidiary Financial Security Assurance (FSA), is also one of the leading players in credit enhancement. This activity has been particularly hard hit by the crisis in the US property market and, since the first quarter of 2008, FSA has sustained losses which have been steadily revised upwards ever since. FSA’s extremely difficult position has therefore forced Dexia to consider a number of scenarios with a view to limiting its exposure through its subsidiary, namely liquidation, a gradual rundown of activities, or sale. It was this last option that was finally chosen and a sale agreement was concluded with Assured Guaranty on 14 November 2008. |
| --- | --- |

4.

Like the rest of the world banking industry, since September 2008 Dexia has been facing an acute financial crisis marked by a shortage of liquidity and a sustained increase in its cost. In 2008, the authorities in Belgium, France and Luxembourg (the Member States) introduced a number of measures to assist Dexia, including a capital increase of EUR 6,4 billion underwritten by the Member States and Dexia’s historical shareholders, a mechanism for guaranteeing bonds issued by Dexia, and liquidity assistance (LA) provided by the Banque Nationale de Belgique in cooperation with the Banque de France. The Member States undertook at the time to submit a restructuring plan for the Dexia Group, within six months of 3 October 2008, setting out measures to ensure its long-term viability. Moreover, Dexia, through its American subsidiary Financial Security Assurance (FSA), is also one of the leading players in credit enhancement. This activity has been particularly hard hit by the crisis in the US property market and, since the first quarter of 2008, FSA has sustained losses which have been steadily revised upwards ever since. FSA’s extremely difficult position has therefore forced Dexia to consider a number of scenarios with a view to limiting its exposure through its subsidiary, namely liquidation, a gradual rundown of activities, or sale. It was this last option that was finally chosen and a sale agreement was concluded with Assured Guaranty on 14 November 2008.

| 5. | A restructuring plan was accordingly notified to the Commission by France on 16 February 2009, by Luxembourg on 17 February 2009 and by Belgium on 18 February 2009. This plan covers:






  — | the sale of FSA, |
| --- | --- | --- |

5.

A restructuring plan was accordingly notified to the Commission by France on 16 February 2009, by Luxembourg on 17 February 2009 and by Belgium on 18 February 2009. This plan covers:

—

the sale of FSA,

| — | a reduction in the scale of financing of local authorities and companies (public and wholesale banking), on the one hand, and financial markets (treasury and financial markets), on the other, |
| --- | --- |

—

a reduction in the scale of financing of local authorities and companies (public and wholesale banking), on the one hand, and financial markets (treasury and financial markets), on the other,

| — | a reduction in the group’s risk profile, especially in terms of liquidity, |
| --- | --- |

—

a reduction in the group’s risk profile, especially in terms of liquidity,

| — | a 15 % reduction in cost base over three years, |
| --- | --- |

—

a 15 % reduction in cost base over three years,

| — | behavioural measures (such as the elimination of the variable components of the remuneration of members of the management committees of Dexia and its principal subsidiaries). |
| --- | --- |

—

behavioural measures (such as the elimination of the variable components of the remuneration of members of the management committees of Dexia and its principal subsidiaries).

| 6. | France, Belgium and Luxembourg propose to maintain the bond-guarantee and liquidity assistance measures during the restructuring period, if necessary until October 2010. |
| --- | --- |

6.

France, Belgium and Luxembourg propose to maintain the bond-guarantee and liquidity assistance measures during the restructuring period, if necessary until October 2010.

| 7. | France and Belgium also propose to guarantee the assets in FSA’s financial products (FP) portfolio up to a total amount of USD 16,9 billion, excluding assets with a total nominal value of USD 4,5 billion covered by Dexia directly. According to the Belgian and French authorities, the state guarantee is an essential precondition for any agreement for the sale of FSA. |
| --- | --- |

7.

France and Belgium also propose to guarantee the assets in FSA’s financial products (FP) portfolio up to a total amount of USD 16,9 billion, excluding assets with a total nominal value of USD 4,5 billion covered by Dexia directly. According to the Belgian and French authorities, the state guarantee is an essential precondition for any agreement for the sale of FSA.

3.   ASSESSMENT

| 8. | The Commission has concluded that the capital increase and the guarantee of Financial Security Assurance’s financial products (FP) portfolio (the FSA measure) constitute State aid to Dexia within the meaning of Article 87(1) of the EC Treaty, as do the bond guarantee and the liquidity assistance measure. |
| --- | --- |

8.

The Commission has concluded that the capital increase and the guarantee of Financial Security Assurance’s financial products (FP) portfolio (the FSA measure) constitute State aid to Dexia within the meaning of Article 87(1) of the EC Treaty, as do the bond guarantee and the liquidity assistance measure.

| 9. | Given (i) the importance of the sale of FSA to Dexia’s restructuring plan, (ii) the greater cost to the bank of the other possible options (liquidation of FSA or gradual rundown of its activities) and (iii) the need for the sale of FSA to be accompanied by a guarantee from the Belgian and French States, the Commission has decided, in accordance with point 16 of the Community Guidelines on state aid for rescuing and restructuring firms in difficulty (the guidelines) (1), not to raise any objection to the guarantee as such, the asset portfolio it covers, and the level of losses incurred by Dexia under the guarantee. It considers it to be a necessary, appropriate and proportionate structural measure which must be implemented as a matter of urgency even before the restructuring plan is examined. |
| --- | --- |

9.

Given (i) the importance of the sale of FSA to Dexia’s restructuring plan, (ii) the greater cost to the bank of the other possible options (liquidation of FSA or gradual rundown of its activities) and (iii) the need for the sale of FSA to be accompanied by a guarantee from the Belgian and French States, the Commission has decided, in accordance with point 16 of the Community Guidelines on state aid for rescuing and restructuring firms in difficulty (the guidelines) (1), not to raise any objection to the guarantee as such, the asset portfolio it covers, and the level of losses incurred by Dexia under the guarantee. It considers it to be a necessary, appropriate and proportionate structural measure which must be implemented as a matter of urgency even before the restructuring plan is examined.

| 10. | However, the Commission has also examined the FSA measure in the light of its Communication on the Treatment of Impaired Assets (2) and is unable, on the basis of the information provided, to confirm that the valuation of the assets guaranteed complies with the methodological principles set out in the Communication. It is also unable to decide at this stage whether the States’ remuneration is adequate. |
| --- | --- |

10.

However, the Commission has also examined the FSA measure in the light of its Communication on the Treatment of Impaired Assets (2) and is unable, on the basis of the information provided, to confirm that the valuation of the assets guaranteed complies with the methodological principles set out in the Communication. It is also unable to decide at this stage whether the States’ remuneration is adequate.

| 11. | The Commission is unable to accept that the restructuring plan notified on 16, 17 and 18 February and the associated measures (capital increase and extension of the duration of the guarantee for Dexia bonds and of the LA operation authorised by the decision of 19 November 2008), are compatible with the EC Treaty, particularly in the light of the guidelines. |
| --- | --- |

11.

The Commission is unable to accept that the restructuring plan notified on 16, 17 and 18 February and the associated measures (capital increase and extension of the duration of the guarantee for Dexia bonds and of the LA operation authorised by the decision of 19 November 2008), are compatible with the EC Treaty, particularly in the light of the guidelines.

| 12. | While recognising the advantages of reducing the size of Dexia’s balance sheet, the Commission has reservations regarding the ability of the restructuring plan to ensure Dexia’s long-term viability. Firstly, it would appear that the FSA FP portfolio retained by Dexia could continue to be a burden in the future on the results of the group, which despite the Member States’ guarantee will continue to bear a sizeable tranche of first losses. Moreover, a reduction in the differential between Dexia’s resources and its long-term liabilities (liquidity gap) is crucial to the group’s long-term viability. However, the reduction in this gap is based on assumptions regarding the sale of assets (notably government bonds) and the taking of additional deposits which, given the current state of the market, are insufficiently realistic. Thus, it is not clear from an examination of the restructuring plan that Dexia will in future be able to find sources of long-term financing. In particular, the Commission doubts whether maintaining the fee for the guarantee for Dexia bonds with a maturity of less than one month at 25 basis points can provide the group with stable sources of financing, despite being compatible with the recommendations of the European Central Bank (3). |
| --- | --- |

12.

While recognising the advantages of reducing the size of Dexia’s balance sheet, the Commission has reservations regarding the ability of the restructuring plan to ensure Dexia’s long-term viability. Firstly, it would appear that the FSA FP portfolio retained by Dexia could continue to be a burden in the future on the results of the group, which despite the Member States’ guarantee will continue to bear a sizeable tranche of first losses. Moreover, a reduction in the differential between Dexia’s resources and its long-term liabilities (liquidity gap) is crucial to the group’s long-term viability. However, the reduction in this gap is based on assumptions regarding the sale of assets (notably government bonds) and the taking of additional deposits which, given the current state of the market, are insufficiently realistic. Thus, it is not clear from an examination of the restructuring plan that Dexia will in future be able to find sources of long-term financing. In particular, the Commission doubts whether maintaining the fee for the guarantee for Dexia bonds with a maturity of less than one month at 25 basis points can provide the group with stable sources of financing, despite being compatible with the recommendations of the European Central Bank (3).

| 13. | Further, the Commission has doubts as to the compatibility of the measures proposed as part of the restructuring plan with the obligation for recipient undertakings to offset aid granted by measures designed to prevent excessive distortion of competition. Specifically, Dexia is planning to increase its production of loans to the public sector in certain markets, including Belgium, where its market share is already very large. The Commission also has reservations about the possibility of accepting certain activity-reduction measures, such as the sale of FSA, as a compensatory measure, since they appear necessary to restore the group’s viability. |
| --- | --- |

13.

Further, the Commission has doubts as to the compatibility of the measures proposed as part of the restructuring plan with the obligation for recipient undertakings to offset aid granted by measures designed to prevent excessive distortion of competition. Specifically, Dexia is planning to increase its production of loans to the public sector in certain markets, including Belgium, where its market share is already very large. The Commission also has reservations about the possibility of accepting certain activity-reduction measures, such as the sale of FSA, as a compensatory measure, since they appear necessary to restore the group’s viability.

| 14. | In addition, Dexia’s participation in the restructuring costs, while significant, remains conditional on the group’s ability to liquidate certain assets, notably its portfolio of government bonds. However, the substantial volume of this portfolio and the current state of the market are such that an orderly disposal of these bonds will not be possible. The Commission also has doubts about the inclusion of the new drop in turnover as part of Dexia's real contribution within the meaning of the guidelines. |
| --- | --- |

14.

In addition, Dexia’s participation in the restructuring costs, while significant, remains conditional on the group’s ability to liquidate certain assets, notably its portfolio of government bonds. However, the substantial volume of this portfolio and the current state of the market are such that an orderly disposal of these bonds will not be possible. The Commission also has doubts about the inclusion of the new drop in turnover as part of Dexia's real contribution within the meaning of the guidelines.

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(1)  OJ C 244, 1.10.2004, p. 2.

(2)  Communication from the Commission on the Treatment of Impaired Assets in the Community Banking Sector (25.2.2009).

(3)  Recommendations of the Governing Council of the European Central Bank on government guarantees for bank debt (20.10.2008).

---