Transcript Distance and off-premises contracts in the Proposal for a Directive

Unit B2 – Consumer contract and
marketing law
Directorate-General for
Health & Consumers
Distance and off-premises contracts in
the Proposal for a Directive
on
Consumer Rights
Eric Sitbon
B2 – Consumer contract and marketing law
Health and Consumers Directorate General, European Commission
Unit B2 – Consumer contract and
marketing law
The causes and effects of
fragmentation
The minimum harmonisation clauses in
the Distance and Doorstep Selling
Directives have caused fragmentation:
examples of diverging national laws on
the right of withdrawal. Is it rational?
A regulatory framework, which is not well
coordinated and is outdated: new market
developments (e.g. e-commerce, mobile
phone commerce; home parties)
The solution to the legal fragmentation:
full targeted harmonisation
Full harmonisation of the information
and withdrawal rights in distance and
off-premises contracts to boost crossborder shopping in these areas where
there is a high potential for growth.
Unit B2 – Consumer contract and
marketing law
Examples of cases subject to full
targeted harmonisation
What are the key aspects which are fully harmonised?
 Example of a Belgian consumer buying a
camera on a UK website
 Example of a UK consumer buying from a
German distance seller via an online platform
(« buy now » option).
 Example of an Austrian consumer buying
kitchen utensils from a German direct seller
Unit B2 – Consumer contract and
marketing law
Extension of consumer protection
to many more distance and offpremises contracts
Consumers will be protected in more contracts
negotiated away from business premises: e.g.
renovation works on real estate property,
contracts concluded in streets, contracts
following solicited visits and low value contracts;
Consumers will always be protected when
buying at a distance regardless of the existence
of an organised scheme (occasional distance
sellers will now be covered)
Conclusion on the level of
consumer protection
Extension of the consumer protection to
many more distance and off-premises
contracts has a much more significant impact
than the technical details of the withdrawal
rules;
Other technical improvements (e.g. longer
withdrawal period and no cost borne by
consumers for services performed during the
withdrawal period).
Unit B2 – Consumer contract and
marketing law
Thank you
for your attention
Eric Sitbon
B2 – Consumer contract and marketing law
Health and Consumers Directorate General, European Commission