Consumer rights: second reading ahead?

From a business point of view, the European Commission’s 2008 proposal for a new directive on consumer rights was very much appreciated.

Its aim was to end the fragmentation of consumer acquis and level the internal market playground for both, businesses and consumers. Nonetheless, the European Parliament IMCO’s and JURI’s reports are not that favourable anymore.

The original full-harmonisation approach was mixed with minimum harmonisation provisions. Furthermore, the European Parliament reached a position very far from the view of the Member States which was agreed in December 2010. This endangers the swift adoption of the directive.

The upcoming plenary vote still opens the door for a possible mutual improvement of the conditions for both consumers and businesses. In order to do so, European business associations BUSINESSEUROPE, UEAPME, EUROCHAMBRES and EUROCOMMERCE addressed the MEPs with a joint position and three main points:

Focus shall be kept on the full harmonisation approach through adopting any minimum harmonisation provisions.
The original scope of the directive shall be maintained – even if this means that provisions on other consumer rights specific to sales contracts (chapter IV) contract terms (chapter V) shall be left out.
Extra information requirements for on-premises contracts are not justified.