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The Directive on Consumer Rights

The Directive on Consumer Rights, which was published on 22 November 2011, aims at achieving a real business-to-consumer (B2C) internal market, striking the right balance between a high level of consumer protection and the competitiveness of enterprises.

The Directive on Consumer Rights

The Directive on Consumer Rights will replace, as of 13 June 2014, the current Directive 97/7/EC Choose translations of the previous link  on the protection of consumers in respect of distance contracts and the current Directive 85/577/EEC  Choose translations of the previous link to protect consumer in respect of contracts negotiated away from business premises. Directive 1999/44/EC  Choose translations of the previous link on certain aspects of the sale of consumer goods and associated guarantees as well as Directive 93/13/EEC  Choose translations of the previous link on unfair terms in consumer contracts will remain in force.

The provisions of the Directive on Consumer Rights will apply to contracts concluded after 13 June 2014.

 The last steps in the legislative procedure will be the following: 

  • Transposition of the new rules into the national laws by 13 December 2013.
  • The rules will be applied in all Member States at the latest by 13 June 2014

A first meeting aimed at guiding Member States in the transposition of the Consumer Rights Directive took place 5 October 2012 (agendapdf(70 KB) Choose translations of the previous link ). 

Content of the Directive

Chapter I contains the common definitions such as "consumer" and "trader" and provides for a common set of rules applicable in all Member States, only allowing them to diverge from these rules in a few specific cases.

Chapter II contains core information to be provided by traders prior to the conclusion of all consumer contracts. Member States may add on further national information requirements.

Chapter III, which only applies to distance and off-premises contracts, provides for specific information requirements and regulates the right of withdrawal (length of the withdrawal period, procedure and effects of the withdrawal) including a standard withdrawal form (Annex I(B)).

Chapter IV provides for rules on delivery and passing of risk applicable to contracts for the sale of goods as well as certain rules applicable to all types of consumer contracts. These include rules on the costs for the use of means of payment (e.g. credit or debit cards), on  telephone hotlines operated by traders as well as on additional payments and pre-ticked boxes.

Chapter V contains general provisions, e.g. on enforcement and the transposition period for Member States.

For the ten most important changes in the EU legislation for consumers, please see the press release Choose translations of the previous link  of the Commission.