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
Date: 2009-08-04
Institutions: European Commission
Subjects: application of EU law, cessation of trading, consultation of information, consumer information, consumer protection, interest








C_2009181EN.01000601.xml










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










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










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










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










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





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


 





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


 


 


 





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


 


 


 





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


 





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.





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.





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





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





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


 


 


 





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)





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


—


—


—


—





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.





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.





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


 





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





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.





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.


 


 


 





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


 


 


 





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


 





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.










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


 





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


 





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


 





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





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


 


 


 






(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.