WRITTEN QUESTION E-2057/01 by Dirk Sterckx (ELDR) to the Commission. Directive 1999/44/EC concerning guarantees on consumer goods: inadequate protection of shopkeepers.
Date: 2001-07-13
Institutions: European Parliament, Provisional data
Subjects: consumer goods, consumer protection, contract, guarantee, sale

C 364 E/238

Official Journal of the European Communities

EN

20.12.2001

competence. Regional or spatial planning is dealt with by the competent regional or national authorities of
the Member States. Thus it is not for the Commission to take a stance on such Questions.

However, the Commission encourages cross-border co-operation of the competent national or regional
administrations.

The Community competition rules (Articles 81 and 82 (ex-Articles 85 and 86) of the EC Treaty) concern
the elimination of agreements between undertakings which restrict competition (e.g price-fixing
agreements between competitors) and of abuses of a dominant position. Article 82 does not as such
prohibit dominance.

While the Commission is willing to examine any complaint brought to its attention, it is unable, in the
absence of any further detail, to share the view of the Honourable Member that the planned (cid:145)Gigapole(cid:146)
shopping centre in the Forbach area is likely to distort competition in the sense of the Community
competition rules.

(2001/C 364 E/262)

WRITTEN QUESTION E-2057/01

by Dirk Sterckx (ELDR) to the Commission

(13 July 2001)

Subject: Directive 1999/44/EC concerning guarantees on consumer goods:

inadequate protection of

shopkeepers

Directive 1999/44/EC (1) requires shopkeepers to give consumers two years(cid:146) guarantee on the consumer
goods they sell. Suppliers, importers or manufacturers, on the other hand, are not subject to any statutory
guarantee obligation towards the shopkeeper. Consequently, shopkeepers have to rely on the good will of
their suppliers when they are required to repair or replace a faulty product. In practice, retailers often have
to bear the cost of repair or replacement themselves. To bring legal action often takes too long and is too
expensive.

Does not the Commission consider that it is unbalanced and unreasonable to impose such stringent
guarantee obligations on shopkeepers when the latter do not have the same means of redress against the
manufacturer or importer of the faulty product? Has the Commission already considered this imbalance in
the existing legislation, and has it received any other complaints about it? Does it not think that the
legislation ought also to give the shopkeeper certain rights if he has bought a faulty product from his
supplier?

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

Answer given by Mr Byrne on behalf of the Commission

(5 September 2001)

Article 4 of Directive 1999/44/EC of the Parliament and of the Council of 25 May 1999 on certain aspects
of the sale of consumer goods and associated guarantees, provides the final seller with a right of redress
directed against other members of the distribution chain. Article 4 stipulates that, where the final seller is
liable to the consumer because of a lack of conformity resulting from an act or omission by the producer,
a previous seller in the same chain of contracts or any other intermediary, the final seller shall be entitled
to pursue remedies against the person or persons liable in the contractual chain. The person or persons
liable against whom the final seller may pursue remedies, together with the relevant actions and conditions
of exercise, shall be determined by national law.

It is therefore up to the Member States(cid:146) legislation to provide effective means of redress for the final seller.

However, the contractual relationship between the final seller and the person in the distribution chain
from whom he/she buys (cid:129) being a contract between two traders (cid:129) is governed by the principle of
freedom of contract. Therefore it is possible that the legal rights of the seller are restricted by way of
contract. This has been clarified by recital 9 of the Directive.

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For the Honorable Member(cid:146)s information, the Directive is to be put into effect by means of the national
implementing measures from 1 January 2002.

Disputes and complaints arising from transactions regulated by the Directive(cid:146)s implementing measures will
have to be addressed within the scope of the national legal systems of the Member States.

(2001/C 364 E/263)

WRITTEN QUESTION E-2072/01

by Herbert B(cid:246)sch (PSE) to the Commission

(13 July 2001)

Subject: European legal bases for the prosecution of persons involved in extreme right-wing activities

Right-wing extremism is a Europe-wide phenomenon not restricted to individual states. In some cases
right-wing extremists are punished by the courts in one Member State only to continue their activities in
another.

1. What legal provisions exist which could be used to halt extreme right-wing activities throughout the
EU?

Does the Commission intend to put forward a proposal for a directive clearing the way for the

2.
prosecution throughout the EU of persons involved in extreme right-wing activities?

3. What provisions exist at international level on the basis of which such persons could be prosecuted
outside the EU as well?

4.

If no such provisions exist, does the Commission intend to propose their introduction?

Answer given by Mr Vitorino on behalf of the Commission

(6 September 2001)

There is no EU legislation banning extreme right-wing activities as such.

However, the Union is founded on the principles of liberty, democracy, respect for human rights and
fundamental freedoms, and the rule of law. Article 6 of the Treaty on European Union (TEU) states that the
Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of
Human Rights, and as they result from the constitutional traditions common to the Member States. The
proclamation of the Charter of Fundamental Rights reaffirmed the Union(cid:146)s commitment on this matter.

The Commission therefore condemns all forms of violence or expressions of racism or xenophobia which
constitute a violation of human rights and fundamental freedoms.

As regards the criminal law, on 15 July 1996 the Council adopted a joint action on the basis of Article K.3
of the Treaty on European Union concerning action to combat racism and xenophobia. It requires Member
States to make a number of types of racist or xenophobic behaviour punishable as a criminal offence, or,
failing that, to derogate from the principle of double criminality for such behaviour.

The Commission is planning to table a draft legislative instrument (framework decision) this year to
replace the above joint action. This act will contain common definitions, offences and penalties for crimes
involving racism and xenophobia. Member States will be required to take the necessary steps to comply
with the framework decision once it has been adopted by the Council.