Fitness Check of EU Consumer Law 2016

Throughout the business-to-consumer commercial transaction it is the consumer who is in a weaker position vis-à-vis the other party. EU consumer law gives therefore essential rights to consumers, such as the rights to receive true
information, to not be misled or aggressed, to be protected against unfair terms and unfair practices, or to have remedies available in case of faulty goods. These rights must be safeguarded by enforcement and redress mechanisms: there are no consumer rights without redress. A fitness check of consumer law should ensure that consumer rights across the EU are not weakened but improved and modernised.

BEUC's expectations include:

• The Fitness check should place consumers’ interests in the foreground;
• Full harmonisation must be justified;
• The Fitness check of the 1999 Sales Directive should address the fragmentation between offline and online purchases;
• The Fitness check of the Price Indication Directive should acknowledge that consumers can only make informed choices if they have correct information;
• Addressing the shortcomings of the Unfair Commercial Practices Directive;
• Analyse problems of consumer protectionin sector-specific areas;
• Address the practical barriers to using the Injunction Directive in some Member States;
• Clarify the application of EU Consumer law to online platfoms;
• An ambitous enforcement and redress strategy.