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Document 52009XC0804(04)
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
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
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
OJ C 181, 4.8.2009, p. 6–37
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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 |
|
||||||||
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 |
|
||||||||
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 |
|
||||||||
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:
|
||||
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.