natgillin/translations-raw huggingface dataset:
To better exploit the potential of the Internal Market for this sector, the EU and the EC in recent years have both taken a number of measures in certain areas as well as created a new overarching framework with the new Directive on Services in the Internal Market 2006/123/EC.
To better exploit the potential of the Internal Market for this sector, the EU and the EC in recent years have both taken a number of measures in certain areas as well as created a new overarching framework with the new Directive on Services in the Internal Market 2006/123/EC.
Confidence Of The Consumer
Confidence Of The Consumer
In comparison with the measures to promote the Internal Market and consumer protection for the cross-border supply of goods, a considerable deficit remains for services, in particular regarding common standards for the obligations of the services provider and the remedies of the customer.
In comparison with the measures to promote the Internal Market and consumer protection for the cross-border supply of goods, a considerable deficit remains for services, in particular regarding common standards for the obligations of the services provider and the remedies of the customer.
This concerns the cases in which the service provider does not perform a service or performs it badly, as well as the additional cases in which the safety of the customer in connection with the service is compromised.
This concerns the cases in which the service provider does not perform a service or performs it badly, as well as the additional cases in which the safety of the customer in connection with the service is compromised.
In contrast to the harmonization of laws for the supply of goods (inter alia by the Consumer Sales Directive and the Product
In contrast to the harmonization of laws for the supply of goods (inter alia by the Consumer Sales Directive and the Product
Liability Directive) there is a lack of instruments with comparable aims and breadth of application for services.
Liability Directive) there is a lack of instruments with comparable aims and breadth of application for services.
The varied nature of the structures and individual provisions in the laws of the Member States therefore currently produces a great lack of transparency and uncertainty for cross-border services for the customer as well as for the provider.
The varied nature of the structures and individual provisions in the laws of the Member States therefore currently produces a great lack of transparency and uncertainty for cross-border services for the customer as well as for the provider.
The study for the Committee on the Internal Market and Consumer Protection of March 2007 mentions five areas of particular significance for the Internal Market (entertainment, telecommunication, rail transport, legal advice and health).
The study for the Committee on the Internal Market and Consumer Protection of March 2007 mentions five areas of particular significance for the Internal Market (entertainment, telecommunication, rail transport, legal advice and health).
There are considerable differences in terms of the obligations of the service providers particularly in the following respects:
There are considerable differences in terms of the obligations of the service providers particularly in the following respects:
- under what conditions obligations exist at all,
- under what conditions obligations exist at all,
- remedies available to consumers when these obligations are breached,
- remedies available to consumers when these obligations are breached,
- sometimes in respect of the permissibility and the limits of exclusions of liability by individual arrangements or standard terms; in respect of possible upper limits on damages; in respect of the burden of proof for the existence of an obligation of the service provider, for the breach of an obligation and for damages, and
- sometimes in respect of the permissibility and the limits of exclusions of liability by individual arrangements or standard terms; in respect of possible upper limits on damages; in respect of the burden of proof for the existence of an obligation of the service provider, for the breach of an obligation and for damages, and
- in respect of the legal terminology and the systematic structure of the provisions on the obligations of providers.
- in respect of the legal terminology and the systematic structure of the provisions on the obligations of providers.
Measures to harmonize the law relating to the obligations of service providers could better enable small and medium sized businesses to appreciate their obligations and associated risks and chances in cross-border transactions.
Measures to harmonize the law relating to the obligations of service providers could better enable small and medium sized businesses to appreciate their obligations and associated risks and chances in cross-border transactions.
At the same time the confidence of the consumer to avail himself of cross-border services and thereby to make increased use of the Internal Market would be strengthened (corresponding to the increased technological possibilities above all due to the internet).
At the same time the confidence of the consumer to avail himself of cross-border services and thereby to make increased use of the Internal Market would be strengthened (corresponding to the increased technological possibilities above all due to the internet).
To be completely effective in this respect, these measures should strengthen the already existing tendency that the rules for the obligations of service providers apply to private and public sector providers alike.
To be completely effective in this respect, these measures should strengthen the already existing tendency that the rules for the obligations of service providers apply to private and public sector providers alike.
Obligations Of Service Providers Towards Customers
Obligations Of Service Providers Towards Customers
Community law guarantees the freedom of services via the aforementioned provision of the EC Treaty, without thereby providing any further general regulation of the legal relationship between providers of services and customers through provisions of secondary law.
Community law guarantees the freedom of services via the aforementioned provision of the EC Treaty, without thereby providing any further general regulation of the legal relationship between providers of services and customers through provisions of secondary law.
Most rules which are relevant for the relationship between service provider and customer are to be found within the laws of the Member States and they vary considerably.
Most rules which are relevant for the relationship between service provider and customer are to be found within the laws of the Member States and they vary considerably.
In 1990 the Commission made a proposal for a directive which would establish a body of rules for the regulation of an important chapter of the obligations of the service provider (COM(90) 482 final).
In 1990 the Commission made a proposal for a directive which would establish a body of rules for the regulation of an important chapter of the obligations of the service provider (COM(90) 482 final).
The planned provisions concerned liability for damages caused by the fault of the service provider to health and bodily integrity as well as to moveable and immovable property including those which were the subject of the service.
The planned provisions concerned liability for damages caused by the fault of the service provider to health and bodily integrity as well as to moveable and immovable property including those which were the subject of the service.
The Commission however withdrew this proposal in 1994, thus a horizontal regulation of the area does not exist in Community law.
The Commission however withdrew this proposal in 1994, thus a horizontal regulation of the area does not exist in Community law.
More generally, furthermore, most rules which are relevant for the relationship between service providers and customers belong to the laws of Member States and differ from Member State to Member State.
More generally, furthermore, most rules which are relevant for the relationship between service providers and customers belong to the laws of Member States and differ from Member State to Member State.
Where a service provider wants to provide services across the Community, by relying on the free provision of services, it will have to comply with different legal rules governing its business transactions in each Member State.
Where a service provider wants to provide services across the Community, by relying on the free provision of services, it will have to comply with different legal rules governing its business transactions in each Member State.
The same applies correspondingly if a customer uses services from another Member State or wishes to compare offers from service providers in several Member States.
The same applies correspondingly if a customer uses services from another Member State or wishes to compare offers from service providers in several Member States.
In all these cases use of the (legally unlimited) freedom of services in practice places the additional burden upon the provider and the customer of informing himself of the diverging legal conditions in other Member States (and the related costs of doing so) or of accepting an incalculable risk with respect to the legal framework for the relevant transaction.
In all these cases use of the (legally unlimited) freedom of services in practice places the additional burden upon the provider and the customer of informing himself of the diverging legal conditions in other Member States (and the related costs of doing so) or of accepting an incalculable risk with respect to the legal framework for the relevant transaction.
This is particularly burdensome not only for consumers, but also for small and medium sized enterprises when they are recipients of services, since in comparison to the provider they are often in an economically weaker position and less experienced.
This is particularly burdensome not only for consumers, but also for small and medium sized enterprises when they are recipients of services, since in comparison to the provider they are often in an economically weaker position and less experienced.
They will mostly not be in the position to prevent, on the basis of the existing rules of private international law, the application of the domestic law of the Member State where the provider of the service is established.
They will mostly not be in the position to prevent, on the basis of the existing rules of private international law, the application of the domestic law of the Member State where the provider of the service is established.
Although these circumstances alone indicate a particular need for legal instruments to facilitate cross border business transactions, until now - neither within nor without Community law - no starting points for facilitating cross border services comparable with those in respect of cross border supply of goods have been developed.
Although these circumstances alone indicate a particular need for legal instruments to facilitate cross border business transactions, until now - neither within nor without Community law - no starting points for facilitating cross border services comparable with those in respect of cross border supply of goods have been developed.
Consumer Protection
Consumer Protection
Systematic abuses of EU consumer protection rules hurt millions of consumers every year.
Systematic abuses of EU consumer protection rules hurt millions of consumers every year.
Fraudsters take advantage of different legal systems across the EU to target vulnerable people in scams such as phoney lotteries or bogus holiday clubs.
Fraudsters take advantage of different legal systems across the EU to target vulnerable people in scams such as phoney lotteries or bogus holiday clubs.
A 2005 study by the European Consumer Network (EU consumer advice centres) on cross border complaints showed that:
A 2005 study by the European Consumer Network (EU consumer advice centres) on cross border complaints showed that:
- The most common complaint (46 %) related to problems with delivery - non delivery, partial delivery, late delivery.
- The most common complaint (46 %) related to problems with delivery - non delivery, partial delivery, late delivery.
- The second largest area (25 %) related to defects with the goods or that they were not what was expected when first ordered.
- The second largest area (25 %) related to defects with the goods or that they were not what was expected when first ordered.
- 8 % of queries were related to problems with price and payment with most cases involving the web trader withdrawing more money than agreed or adding additional charges.
- 8 % of queries were related to problems with price and payment with most cases involving the web trader withdrawing more money than agreed or adding additional charges.
- Contract terms were also a problem with 9 % of queries concerning problems with being unable to cancel an order and having "cooling off periods" respected.
- Contract terms were also a problem with 9 % of queries concerning problems with being unable to cancel an order and having "cooling off periods" respected.
- 5 % of enquiries were about shoppers being unable to seek redress, with the majority of queries about web traders not honouring their guarantees.
- 5 % of enquiries were about shoppers being unable to seek redress, with the majority of queries about web traders not honouring their guarantees.
- There was an increase of 74 % in the total number of complaints received by those ECC's which featured in the 2004 report (also due to increased online activity overall).
- There was an increase of 74 % in the total number of complaints received by those ECC's which featured in the 2004 report (also due to increased online activity overall).
From the perspective of consumer protection deficits are evident in particularly large measure in the present state of the law regarding cross border services.
From the perspective of consumer protection deficits are evident in particularly large measure in the present state of the law regarding cross border services.
Increasing the confidence of consumers to partake in cross border transactions serves both the further development of the Internal Market as a main objective of the European Community as well as to ensure a high level of consumer protection, as well as to promoting their right to information, education and to organise themselves in order to safeguard their interests.
Increasing the confidence of consumers to partake in cross border transactions serves both the further development of the Internal Market as a main objective of the European Community as well as to ensure a high level of consumer protection, as well as to promoting their right to information, education and to organise themselves in order to safeguard their interests.
As with the provisions on the realization of the Internal Market, also the fundamental provisions of the EC Treaty on consumer protection relate in principle to all economic activity and activities of consumers.
As with the provisions on the realization of the Internal Market, also the fundamental provisions of the EC Treaty on consumer protection relate in principle to all economic activity and activities of consumers.
They apply in the same way for protection of consumers in the context of the supply of goods as in the context of provision of services.
They apply in the same way for protection of consumers in the context of the supply of goods as in the context of provision of services.
For the supply of goods the consumer is protected both against non-performance and deficiencies in product safety to a large extent and at a relatively high level, through secondary legislation.
For the supply of goods the consumer is protected both against non-performance and deficiencies in product safety to a large extent and at a relatively high level, through secondary legislation.
The level of protection can in some Member States of course be higher than this standard; the consumer can nevertheless rest assured that the standard prescribed by these directives, both for transactions within his own country as well as cross-border, is ensured.
The level of protection can in some Member States of course be higher than this standard; the consumer can nevertheless rest assured that the standard prescribed by these directives, both for transactions within his own country as well as cross-border, is ensured.
This far-reaching protection as a basis for confidence in cross border consumer transactions in the Internal Market is nevertheless ensured by directives which relate to the supply of goods and the safety of products (i.e. essentially of moveable goods).
This far-reaching protection as a basis for confidence in cross border consumer transactions in the Internal Market is nevertheless ensured by directives which relate to the supply of goods and the safety of products (i.e. essentially of moveable goods).
This protection does not exist thus far to the same extent for services, not even closely, even though services have a similarly great significance for the Internal Market as the movement of goods.
This protection does not exist thus far to the same extent for services, not even closely, even though services have a similarly great significance for the Internal Market as the movement of goods.
Public Sector Entities as Providers of Services
Public Sector Entities as Providers of Services
In a number of Member States public bodies play a special role in the provision of services in a series of significant branches of the economy.
In a number of Member States public bodies play a special role in the provision of services in a series of significant branches of the economy.
This can affect the free movement of services within the Internal Market as well as the level of consumer protection.
This can affect the free movement of services within the Internal Market as well as the level of consumer protection.
For instance public bodies providing utilities will not necessarily be subject to the rules on e.g. unfair contract terms and/or will benefit from protection against competition.
For instance public bodies providing utilities will not necessarily be subject to the rules on e.g. unfair contract terms and/or will benefit from protection against competition.
по задълженията на доставчиците на трансгранични услуги
on obligations of cross-border service providers
Въпреки това изразява своите резерви, в очакване на цялостното прилагане на Директива 2006/123/ЕО относно услугите на вътрешния пазар, що се отнася до важните нови хоризонтални инструменти в това отношение;
Expresses its reservations, nonetheless, pending full implementation of Directive 2006/123/EC on services in the internal market, as regards far-reaching, new horizontal tools in this respect;
Отбелязва наличието на няколко предстоящи законодателни инициативи, насочени към подсигуряване на правна определеност по отношение на правата и, особено, на задълженията на доставчиците на трансгранични услуги, тоест предложението за регламент относно приложимото право към договорните задължения (Рим I), предложението за регламент относно приложимото право към извъндоговорни задължения (Рим II) и Зелената книга на Комисията, отнасяща се до преразглеждането на законодателството на ЕС, което третира проблемите на потребителите;
Notes that there are several pending legislative initiatives aimed at ensuring legal certainty as regards the rights and especially the obligations of cross-border service providers, i.e. the proposal for a regulation on the law applicable to contractual obligations (Rome I), the proposal for a regulation on the law applicable to non-contractual obligations (Rome II) and the Commission's Green Paper on the review of the Consumer Acquis;
Посочва, че член 5 от предложения регламент относно приложимото право към договорните задължения е от съществено значение, за да се определи дали се прилага законодателството на страната на произход (на доставчика на услугата) във връзка със защитата на потребителите, или законодателството на страната на клиента (потребител на услугата); подчертава, че е важно да се изчака резултатът от тази законодателна процедура;
Points out that Article 5 of the proposed regulation on the law applicable to contractual obligations is essential in order to determine whether the consumer protection legislation of the country of origin (of the service provider) or of the client (customer of the service) applies; stresses that it is important to await the outcome of this legislative procedure;
Изразява своето съжаление относно това, че настоящото смесване на законодателни инструменти, получено от стълкновителни норми и инструменти, засягащи вътрешния пазар, както и неуспехът при ясното определяне на тяхното взаимодействие, означават, че нито потребителят, нито доставчикът на услугата могат винаги да определят с яснота кой правен режим е приложим към всеки един аспект на техните дейности, тоест дали е приложимо гражданското право на страната по произход, или това на приемащата страна, както и дали е приложим регулаторният режим на страната по произход или този на приемащата страна.
Regrets that the present mix of legislative instruments between conflict-of-law rules and internal market instruments and the failure clearly to determine their interaction, mean that neither the consumer nor the service provider is always able to determine with clarity which legal regime is applicable to each aspect of their activities, that is to say, whether the civil law of the host or home country applies, or whether the regulatory regime of the host or home country applies;
Припомня, че както се посочва в Общото споразумение по търговията с услуги, трансграничните услуги се предоставят по множество различни начини (например посредством продажби, извършвани през интернет, пътуване до друга държава заради услугата или посещение от страна на доставчика на услугата в родната страна на потребителя), което следва да се вземе под внимание;
Recalls that, as stated in the General Agreement on Trade in Services, cross-border services are provided in many different ways (such as selling online, travelling to another country for the service, or the service provider visiting the customer's home country), which should be taken into consideration;
Изразява убеждението, че създаването на вътрешен пазар за услуги, чиято законова рамка се основава на принципа на страната на произход, зависи от съответните мерки, които следва да бъдат ясни от гледна точка на правото, както и от гледна точка на практиката.
Is convinced that the establishment of an internal market for services the legal framework of which is based on the country-of-origin principle depends on the relevant measures being clear from both a legal and a practical perspective.
Obligations of cross-border service providers
Obligations of cross-border service providers
IMCO 16.3.2006
IMCO 16.3.2006
Lasse Lehtinen 21.2.2006
Lasse Lehtinen 21.2.2006
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