Brussels, 23/02/2010 (Agence Europe) - MEP Evelyne Gebhardt (S&D, Germany) recommends a dual approach to harmonisation for the draft European directive of October 2008 on consumers' rights: maximum harmonisation in areas where it is possible and minimum harmonisation the rest of the time. That is what she said on Monday 22 February at a press lunch, prior to a new hearing with national parliaments on this proposal for a directive put for examination for the third time (see EUROPE 9988).
The Commission proposal condenses the four existing directives (on contracts concluded outside business premises, on unfair terms in consumer contracts, on the conclusion of contracts in mail-order selling and, finally, on the purchase of consumer goods and guarantees relating to these goods) into one single text. This directive is based on maximum harmonisation, but this would mean that “member states' flexibility would disappear,” Gebhardt argued. The Commission proposal, then, “would see a lessening in the consumer protection that is currently provided by minimum harmonisation”. She added that “because of the uncertainty of interpretation of a number of provisions, the Commission proposal could give rise to numerous exceptions and aberrations for both consumers and businesses”. Consumers' rights would, therefore, be reduced.
She took distance selling as an example: the Commission is proposing (Articles 12 and 13) that the period during which the contract can be cancelled should begin with receipt of the product. For the distance sale of services, the time allowed begins with the signing of the contract. If the seller does not provide consumers with information on their rights, the cooling-off period last three months. By comparison, in Germany currently, consumers can cancel a contract at any time if information on the cooling-off period has not been provided. In the Czech Republic, the time allowed for cancelling a contract is automatically extended to one year if information on arrangements for cancellation have not been properly provided. Gebhardt gave a second example: under the Commission proposal, the guarantee on tiles' resistance to heat and cold lasts two years. If two consecutive winters are warmer than usual, and a fault only becomes apparent in the third winter, then too bad for the consumer. In France, there is already the “hidden fault” guarantee for this kind of thing, allowing two years for proceedings to be begin after the problem is discovered. The proceedings should be begun within 20 years of the conclusion of the contract.
Gebhardt concluded by stating that “the Commission proposal maybe serves the market, but not citizens, who could lose a great deal in terms of protection”. She would like the approach to be made “little by little so that citizens have the time to take ownership of their rights”. (V.L.B./transl.rt)