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COMMISSION OF THE EUROPEAN COMVIUNITIES 
COM(93)456 final 
Brussels, 10 November 1993 
~'3Û COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 
AND THE EUROPEAN PARLIAMENT 
CONCERNING LANGUAGE USE 
IN THE INFORMATION OF CONSUMERS IN THE COMMUNITY 
COMMUNICATION FROM THE COMMISSION TO THE 
COUNCIL AND THE PARLIAMENT CONCERNING 
LANGUAGE USE IN THE INFORMATION 
OF CONSUMERS IN THE COMMUNITY 
Consumers have a right to information on the qualities and characteristics of 
products and services on the market. In practice this means that basic information 
must be readily available to consumers. The question as to the language chosen 
to disseminate the information is a crucial one. 
It should be noted from the outset that the Commission considers that rules 
concerning languages naturally fall within the competence of the Member States, 
notably in application of the principle of subsidiarity. The purpose of this 
communication is by no means to advance Community initiatives which could 
encroach on this competence. On the contrary, the goal is to survey existing 
provisions and to consider what can be done to strengthen consumer information 
in the context of the large market, while preserving the full competence of the 
Member States as regards language use. 
Both Community law and national laws contain provisions on language 
requirements for the marketing of products or services offered to consumers. 
The wordings we are concerned with are those addressed to the final consumer of 
the product or service. Hence, this concerns not only labelling but also other 
mentions such as the manner of use, assembly instructions, precautions regarding 
employment or use and any warning intended for the final user of the product or 
service. Thus mentions which concern relations between professionals (persons 
acting by way of trade) are not covered by this document. 
Like the other institutions, the Commission has encountered a certain number of 
cases in which the way language provisions are worded gives rise to difficulties 
in implementation, and may even have a tangible impact on the content of the 
information intended for the consumers. These situations are particular worrying 
whenever the health or safety of consumers is jeopardised, which may occur when 
they are not able to understand the message intended for them. 
At its 1644th session on 2 March 1993, the Council requested the Commission to 
scrutinise carefully the problem of language use, notably as regards the labelling 
of products intended for consumers. 
SI A 
The Commission has launched a study on this topic, with the following objectives: 
to survey all Community legislation relating to language requirements in 
the field of consumer information as well as national implementing 
measures in the shape of statutes, case law and actual practice; 
to identify the other texts in force in the Member States which also 
concern particulars provided to consumers and which mention requirements 
relating to language use; 
to prepare an inventory of outstanding language problems both from the 
point of view of the free movement of goods and the information of 
consumers in the internal market. 
Such an analysis is necessary in order to assess the obstacles which may still 
persist and may adversely affect the good functioning of the internal market and 
consumer protection. There is a link between the growth in trade of products and 
services and the legitimate expectations of Community consumers, since the 
deepening of the large European market will bring concrete benefit to consumers 
in their daily life. 
The second three-year action plan "Placing the single market at the service of 
consumers", recently adopted by the Commission1 proposes in this connection 
greater integration of consumer policy within the other Community policies. 
Moreover, in the context of implementing the Treaty on European Union and 
notably Article 129a thereof, "the Community shall contribute to the attainment 
of a high level of consumer protection". 
The purpose of this communication is to inform the institutions. It firstly presents 
an overview of Community and national legislation in force, then analyses the 
difficulties of the resulting situation and, finally, puts forward a number of ideas 
as to future measures. 
L EXISTING LEGAL INSTRUMENTS 
The state of Community law 
10. The provisions of Community law in force relating to the use of languages in 
relations with consumers are very diverse in their wording. A large number of 
texts already, directly or indirectly, concern language use in regard to consumers, 
since the Community legislator considered it necessary to lay down procedures as 
to how they should be informed. Depending on the subject matter in question and 
COM (93) 378 final of 28 July 1993 
the objectives envisaged, language requirements were or were not introduced into 
the legislation. 
An examination of these texts shows that the wordings are not standardised, as 
can be seen from the following examples. 
11. The following wordings may be found in Community law: 
a wording explicitly specifying the use of languages, such as: 
one or several official Community languages, so that the final 
consumer can easily understand the information, in the wine sector2 
one of the languages of the country in which the product is placed 
on the market, in the case of medicinal products for human use 3 
the language or languages of the country of final marketing, in the 
case of tobacco product labelling 4 
a wording that requires the Member States to lay down rules; this is the 
case for foodstuffs labelling5 and nutrition labelling6, which must be 
provided in a language "easily understood" by the buyers; 
a wording that simply gives Member States the option of laying down 
rules on language requirements, with very different variants, for example: 
the national language of the Member State of consumption, in the 
case of textile names7 or toy safety8 
the official language or languages of the Member State of 
consumption, in the case of dangerous preparations9 
an official or national language of the Member State of 
consumption, in the case of cosmetic products10 
2 
3 
4 
5 
6 
7 
8 
9 
10 Regulation 2392/89, OJ L 232 of 9.8.1989 
Directive 92/27, OJ L 113 of 30.4.1982 
Directive 92/41, OJ L 158 of 11.6.1992 
Directive 79/112, OJ L 33 of 8.2.1979 
Directive 90/496, OJ L 276 of 6.19.1990 
Directive 71/307, OJ L 185 of 16.10.1971 
Directive 88/378, OJ L 187 of 16.7.1988 
Directive 88/389, OJ L 187 of 16.7.1988 
Directive 76/768, OJ L 262 of 27.9.1976 
a wording which does not explicitly mention the question of languages, as 
in the case of misleading advertising11, liability for defective products12, 
consumer credit13, package tours14, or unfair terms15. 
12. Generally speaking, several conclusions can be drawn from the analysis of how 
the language problem is treated in Community legislation: 
from the point of view of the final consumer or user, there does not seem 
to have been a standardised or even systematic approach in evaluating the 
importance of the language criterion in disseminating information; 
the range of criteria applied in wording language provisions in the 
directives has often been too slack. However, there has been some 
standardisation in the approach to this subject in the "new approach" type 
technical harmonisation directives concerning certain industrial products; 
the concepts or criteria, when they are specified, are left undefined. This 
may lead to difficulties in interpretation, notably when references are made 
to a "language easily understood" by the consumer; 
13. The Court of Justice of the European Communities has rarely had occasion to 
hand down specific rulings on language requirements for consumer information. 
In its judgement of 7 March 1990, GB-INNO-BM v Confédération du 
Commerce Luxembourgeois16, the Court ruled that consumer information 
was "one of the principal requirements" of Community law in the domain 
of consumer protection, after stressing the importance of product labelling 
in this connection. 
Three judgments of 26 February 1991, Commission v France, Commission 
v Italy, Commission v Greece17. The Court ruled that restrictions in access 
to the profession of tourist guide may inconvenience tourists by depriving 
them of a guide who is familiar with their language, interests and 
expectations. 
While the Court has not yet been requested to rule on the compatibility of a 
system of language requirements with the rules set out in the Treaty concerning 
ii 
12 
13 
14 
IS 
16 
17 Directive 84/450, OJ L 250 of 10.9.1984 
Directive 85/374, OJ L 210 of 7.8.1985 
Directive 87/102, OJ L 42 of 12.2.1987 
Directive 90/134, OJ L 158 of 23.6.1990 
Directive 93/113, OJ L 95 of 21.4.1993 
Case C-362/88 
Cases C. 154/89, C. 189/89, C. 198/89 
the free movement of services, it has however handed down rulings in the case 
of foodstuffs. 
In its j udgment of 18 June 1991, Piageme v Peeters18, the Court interpreted 
the notion of "language easily understood by consumers" in foodstuffs 
labelling, ruling that the obligation to make exclusive use of the language 
of a linguistic region, while failing to acknowledge the possibility of 
ensuring that the consumer is informed by other means, goes beyond the 
requirements of the relevant Directive19 and Article 30 of the Treaty. 
14. In the wake of the above-mentioned judgment, an interpretative communication 
was prepared by the Commission concerning the use of languages in the 
marketing of foodstuffs, recapitulating the legal principles that apply in this 
domain. 
B. Hie approaches adopted by the Member States 
15. In order to assess the scope of existing and envisaged measures, the Community 
legislator must be familiar with the viewpoints of the Member States in this 
domain, as dictated by the subsidiarity principle. Analysis reveals that, while 
national viewpoints differ, they are well established and expressed both in the 
form of general policies, in the implementation of Community law and in the 
definition of national policies in favour of consumers. 
1) General policies 
16. There are many provisions in the Member States governing language requirements. 
Both the comparison of national situations and analysis of the choices made and 
interest shown by the Member States in this area show that circumstances differ 
very much from one country to another. Language problems are not identical in 
all the Member States. This is firstly because of the general status of the 
language in each Member State, but also because of the importance attached to 
language in relations with consumers. Certain Member States have even enshrined 
the language status in their constitution, or have adopted general legislation in this 
area, whereas others treat the subject as a secondary issue. 
Case C-369/89 
Directive 79/112 (mentioned above, footnote 5) and in particular Article 14 thereof. 
17. It should be noted that legislative initiatives relating to language, whatever their 
basis have had an impact on legislation and other rules concerning the economy, 
and in particular consumer policy. In practice, it cannot be denied that 
information is transmitted more precisely when it is provided to the consumer in 
his own language or languages. 
2) Consumer protection 
18. As regards language use in relations with consumers, several Member States have 
adopted general legislation providing for the use of a specific language, viz. 
Belgium, Spain, France, Greece, Italy and Portugal. 
19. Spain is a particular case, because as a result of their powers in the field of 
consumer protection, certain autonomous communities have adopted provisions 
concerning language requirements - namely the Basque Country, Galicia and 
Catalonia. 
20. It must be said that in all cases mentioned above national case law is scarce to 
non-existent. In Denmark, however, the ombudsman's rulings have imposed the 
national language in a certain number of cases, the reasoning being the need to 
provide information which is accessible to the consumer. 
21. Hence, more than half of the Member States believe that it is necessary to inform 
the consumer in his own language. Quite apart from the requirements of 
Community law, consumer relations are already subject to rules of this kind. 
3) Implementation of Community law 
22. Transposition by the Member States of the Community provisions must be 
assessed in the light of the general policies of the Member States, since the 
national legislations respond to some of the requirements arising under 
Community law. 
23. It is clear that the nature of transposition will differ depending on whether 
Community law lays down precise language requirements (national or official 
language, etc.) or has left a margin for manoeuvre (a language easily understood) 
or has merely given Member States the option of stipulating language 
requirements, if they consider it useful. 
24. When the Community texts have laid down precise requirements, the matter is 
straightforward. 
Member States are empowered to lay down language requirements in favour of 
consumers in the case of nine directives. Only in the case of the directive on 
cosmetic products have all the Member States taken up this option. Only Spain 
has laid down language requirements in all cases. The other Member States have 
not used the option systematically. 
25. It should also be noted that there seems to have been no systematic approach by 
subject or domain; if the Member States which have laid down language 
requirements for dangerous preparations have also done so for dangerous 
substances, they have not necessarily done so in the case of detergents. Similarly, 
language requirements relating to safety have not always been transposed in the 
same way in all countries. 
IL THE DIFWCULTTES 
26. A certain number of practical cases show that consumers may encounter 
difficulties because of shortcomings as regards language requirements. This may 
have serious repercussions and even affect people's health or safety. In all cases 
concerned the information was difficult to understand or read. 
In the case of foodstuffs, gaps in information may have severe consequences for 
consumers. 
Hence, the presence of sugar in foodstuffs whose labelling the purchaser cannot 
understand could have health consequences in the case of persons on a diet or 
suffering from diabetes. The same applies to foodstuffs allergies, which are 
widespread among Community consumers. Again, failure to understand cooking 
instructions properly has led to cases of contamination. 
Likewise, absence of a translation or an incomplete translation can lead to serious 
problems, for example when using microwave ovens, or as a result of incorrect 
electrical wirings. In these cases producers' obligations are affected. 
All consumer categories are concerned, including children (a typical example 
being solvents or glues), who may not necessarily know foreign languages. Finally 
problems crop up whenever language versions differ, since this affects the content 
of the information. 
At any rate, whenever the information is incomprehensible or contradictory, and 
even when there are no serious consequences, the consumer will naturally tend to 
avoid the product or service in question. 
27. The way in which language questions have been treated in Community law and 
in national instruments shows how widely circumstances vary. 
Doubtlessly, the absence of consistency is mainly due to the variety of the 
domains covered and the unique aspects of individual cases. However, it is also 
due to the limits laid down in the EEC Treaty as regards the Community's and 
national legislator's freedom in this domain. Hence, certain provisions concerning 
SPC/1266/04/93 EN, Orig. FR 
cc/dg 
language requirements may be considered as a barrier to the free movement of 
products or services, as enshrined in Articles 30 and 59 of the Treaty. 
We need to assess, on a case by case basis, whether the balance between the 
various interests is respected, viz. the safeguarding of free movement as opposed 
to the protection of an imperative requirement such as health protection, consumer 
protection, and fair commercial practice. 
There is a need to think about how to remedy the situation so as to make 
Community rules easier to understand and apply. However, the outcome should 
not adversely affect the Community achievement and the working of the internal 
market, in the shape of requirements which might go beyond what is needed to 
ensure that consumers are satisfactorily informed. 
28. The multiplicity of clauses relating to language requirements in Community law 
suggests that simplification should be the first step. 
In all the Member States, people seem to concur on one point concerning 
language requirements: the information must be transmitted to the consumer in his 
own language, because this is the one he best understands. 
Indeed, this is the approach that has long been adopted by business, at least for 
everyday products or services. Hence economic logic means that only attractive 
products and services will sell, i.e. those that are accompanied by the necessary 
information, allowing consumers to make their choice in awareness of the 
consequences. 
The study launched by the Commission confirms that the business community is 
fully aware of this situation. 
However it is important to take into account the diversity of situations 
encountered. 
29. In certain Member States, the use of languages in relations with consumers is little 
discussed, either by trade and industry or by consumer representatives. This 
applies to Germany, Ireland, Luxembourg and the United Kingdom. 
30. In the other Member States, the language question is however a highly sensitive 
issue; hence in France and Portugal the authorities frequently receive complaints 
from private individuals or associations. In Belgium and the Netherlands the 
complaints are often filed by competitors or associations for promoting the 
national linguistic culture. In Denmark, the consumer ombudsman has adopted 
strict guidelines. Likewise, in Italy and Spain, consumer groups are aware of the 
problems facing consumers as regards the need for information in a language they 
understand. In Greece, in view of the particularities of the Greek language, many 
consumers have a favourable impression of foreign language information, but 
would also like information in Greek. However, foreign producers rarely translate 
the information into Greek and so it is up to the distributors to do so. 
31. The question of the costs of translation into the different languages, in the event 
of marketing in another country, is not reflected in the business community's 
views. Indeed producer groups consider that in order to sell a product in a 
country it is necessary to provide information in the local language. Respondents 
seem to agree in unison that these are normal costs. Distributors, however, are 
sometimes more reluctant to assume the costs of translation when the translation 
has not been done by the producer. 
However, it is clear that the economic partners have expressed a real need for 
clear rules on labelling, notably rules concerning utilisation and warnings intended 
for consumers and the users of products or services. 
Hence, while the obligation to provide a translation may be a potential barrier to 
trade because of the associated costs, these outgoings are not in general considered 
to be out of proportion to the new markets that are opened up. 
32. It is up to the Member States to ensure observance of the language requirements 
in force. This depends mainly on the work of national authorities and the 
supervision exercised by the judiciary. A more stringent approach would be to 
construe failure to provide information in a language understood by the consumer 
as vitiating consent on the consumer's part. This path has up to now been little 
explored. 
33. The natural conclusion is to contemplate a more consistent approach to the 
subject, since both the Community institutions, the Member States and their 
supervisory authorities and courts are all equally concerned to ensure the 
effectiveness of the law concerning language use, with an eye to optimum 
information of Community consumers. 
ffl. THE PROPOSED GUIDELINES 
34. The analysis of national attitudes and of the shared views of the business 
community, as well as the interest of consumers, shows the need for a new and 
balanced approach to the treatment of language questions at Community level. 
Here the Commission wishes to put forward a number of ideas. 
A. A new balanced approach 
35. Any initiative concerning language use in consumer information must take the 
following requirements into account: 
the competence of the Member States in defining national rules in this 
domain 
the rules of the Treaty on European Union and the case law of the Court 
of Justice of the European Communities 
the legitimate right of consumers to receive the most exhaustive possible 
information on the products and services offered to them. 
Henceforward particular attention should be paid to the language rules applying 
in the field of consumption in each of the Member States. Moreover the 
Community could propose a certain number of measures to improve consumer 
information if it turns out that this information is insufficient and could adversely 
affect the working of the internal market. 
36. These initiatives should respond to certain anxieties which have been expressed 
on this subject: 
consumers have a right to protection of health and safety, and information 
is essential in this respect 
the smooth functioning of the internal market must take into account 
consumers' expectations concerning optimum information on the products 
and services offered, so as to enable them to make free and reasoned 
economic choices 
consumers should be in a position to assess as accurately as possible the 
parameters that condition their choices. 
37. Taking all these considerations into account, the Commission wishes to submit 
five discussion themes to the Council and the Parliament. Hence these are not 
programmatic guidelines but simply a number of ideas designed to trigger a debate 
on the subject. 
B. The discussion themes 
Theme 1: Encourage multilingual information 
38. Multilingual information seems to be the best way to ensure the good working of 
the internal market. It guarantees both better information of consumers and 
enhances business opportunities for marketing products and services. 
10 
Likewise, bearing the interests of both consumers and business in mind, there are 
other supplementary ways of informing consumers, such as by using drawings, 
signs or pictograms (mainly in labelling). 
The measures to be adopted should be non-regulatory. The idea is to promote 
concertation between the partners concerned. This approach would allow operators 
in the sectors involved to respond voluntarily to consumer expectations. 
Theme 2: Preserve the freedom of Member States to require use of the language 
of the country of consumption 
39. The development of multilingual information does not override the need for a 
reference to language use in certain texts that concern consumer information. 
In order to encourage good consumer information, the legislation must ensure the 
use of the language or languages of the country of consumption. The Member 
States' responsibility is essential in this respect, in application of the principle of 
subsidiarity. It is also important to ensure that the rules of the Treaty and the case 
law of the Court of Justice be strictly complied with. 
Hence, and as mentioned in the Commission's interpretative Communication 
concerning the marketing of foodstuffs (see section 14 above), the Member States 
may, in application of Article 14 of Directive 79/112/EEC, require the use of their 
official language or languages for information which must be provided on the 
labelling of foodstuffs, which are intended for sale in the state to the final 
consumer, provided this requirement does not exclude the use of other languages 
or recourse to other measures to inform the purchaser (cf. sections 33 and 31 of 
the above-mentioned interpretative communication). 
Theme 3: Improve the consistency of the Community legal instruments in regard 
to the use of languages in the domain of consumption 
40. With a view to consistency, all Community initiatives which contain particulars 
relating to consumer information could specify the obligation to define the 
language rules, in line with the suggestions contained in Themes 1 and 2 above, 
and bearing in mind the subsidiarity principle and the circumstances applying to 
the case in question. 
If necessary, the Commission could proceed to analyse the existing instruments 
which give Member States the option of laying down language requirements. This 
analysis could be extended to instruments which do not relate directly to the 
question, so as to determine whether clarification is necessary. 
11 
Theme 4: Improve information of the Commission, the Member States and the 
operators on the applicable language rules 
41. The Commission could encourage the exchange of information on the language 
rules applicable in the Member States, in the interests of operators. 
In order to realise mis exchange, Member States could inform the Commission 
about the main language rules applicable at national level (general framework, 
horizontal legislation applicable in relations with consumers, other sectoral rules). 
Theme 5: Assign responsibility to the economic operators 
42. The Community texts could specify the person responsible for consumer 
information. In principle, the producer should be held responsible for this 
information, but there might be cases where the obligation rests elsewhere in the 
distribution chain. Endeavours should be made to encourage industry to use 
multilingual information. 
CONCLUSION 
43. Encouraging multilingual information of the consumer, guaranteeing the freedom 
of the Member States in language matters, improving consistency of Community 
rules in force, better mutual information, assigning responsibility to the economic 
operators - these are the five discussion themes which the Commission is putting 
forward in the context of a new approach to the use of language in informing 
Community consumers. 
The Commission submits this Communication to the Council and the Parliament. 
12 
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COM(93) 456 final 
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