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09.10.09

Directive on Consumer Rights: European Commission publishes an impact assessment table

 

On 9 October 2009 a comparative table was published to illustrate the impact of some of the issues addressed in the Proposal for a Directive on Consumer Rights on existing levels of consumer protection across the EU.

The table was drafted following a number of requests for clarification raised by Member States, by the European Parliament and by consumer and business stakeholder.

The comparative table covers only those provisions for which it was possible to assess how the proposed Directive would effect consumer protection in the various Member States in an unequivocal manner. Therefore, it is not an exhaustive analysis of the potential effects of the proposal on national laws.

The table is accompanied by a note of clarification, which addresses some legal outstanding issues raised in the legislative process.
The two draft documents will be updated following the ongoing screening that Member States are doing on their national law.

The proposed Directive will have a limited impact on the insurance sector, as financial services are out of the scope of most of the Directive’s provisions. Only chapter V on unfair contract terms applies to the insurance sector; chapter III applies only to certain contracts concluded off-premises (i.e. door step and distance selling).

Background

On 8 October the European Commission adopted a proposal for a Directive on Consumer Rights. The Consumer Rights Directive will merge the rules currently set out in the Directives covering sale of consumer goods and guarantees (99/44/EC), unfair contract terms (93/13/EC), distance selling (97/7/EC) and doorstep selling (85/577/EC) into one directive.

For further information please visit the European Commission web site.