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Review of EU Consumer law (Fitness Check)

Fitness Checks are comprehensive evaluations aimed at assessing whether the regulatory framework for a particular policy sector is ‘fit for purpose’. Fitness Checks provide an evidence-based critical analysis of whether EU actions are proportionate to their objectives and delivering as expected. Fitness Checks are part of the Commission's  Regulatory Fitness and Performance Programme (REFIT). REFIT aims at making sure that EU laws deliver their intended benefits for citizens, businesses and society while removing red tape and lowering costs. It also aims to make EU laws simpler and easier to understand.

The Commission is performing a Fitness Check of EU Consumer and Marketing legislation which covers the following directives:

  • Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market (Unfair Commercial Practices Directive);
  • Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees (Sales and Guarantees Directive);
  • Directive 93/13/EEC on unfair terms in consumer contracts (Unfair Contract Terms Directive).
  • Directive 98/6/EC on consumer protection in the indication of the prices of products offered to consumers (Price Indication Directive);
  • Directive 2006/114/EC concerning misleading and comparative advertising (Misleading and Comparative Advertising Directive);
  • Directive 2009/22/EC on injunctions for the protection of consumers' interests (Injunctions Directive).

Aim & Scope

The 'Roadmappdf(508 kB) Choose translations of the previous link ' for the Fitness Check, defines the overall scope and aim of the exercise, and sets out a number of key questions that are to be addressed in relation to the Fitness Check criteria:

  • Effectiveness: Have the objectives been met?
  • Efficiency: What were the costs and benefits involved?
  • Coherence: Is the EU consumer legislation complementing or contradicting other policy and legislation?
  • Relevance: Does EU legislation address the main problems that consumers are facing today?
  • EU added value: Did EU action provide clear added-value?
In this context the Fitness Check we are examining among other things:
pdf(510 kB) Choose translations of the previous link 

Progress of the Fitness Check and timeframe of future actions (indicative)

 -- 2016 --

  • January
Publication of the Roadmappdf Choose translations of the previous link 
  • March
Launch of contracts to assist the Commission in the gathering and assessment of relevant information and evidence for the Fitness Check
  • 12 May - 12 September
Public online consultation.
  • July

Setting up of the Stakeholder Consultation Group for the Fitness Check of EU consumer and marketing law.  

Call for application (13 May - 13 June)

Information about the group

  • 17 October
EU Consumer Summit dedicated to the Fitness Check

-- 2017 --

  • February
Finalisation of the external studies supporting the Fitness Check.
  • Second quarter
Publication of Commission report on the results of the Fitness Check.

Stakeholder Consultation Group

First Meeting (21 September 2016)

Second Meeting (25 November 2016)

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