Results of the Fitness Check of consumer and marketing law and of the evaluation of the Consumer Rights Directive

The European Commission has completed its Fitness Check of consumer and marketing law and the evaluation of the Consumer Rights Directive. (Press release; factsheet).

The evaluations confirm that in general consumer law remains fit for purpose. When applied effectively, the existing rules tackle the problems that European consumers are facing today, also in online markets. However findings also point to the need to improve awareness, enforcement of the rules and redress opportunities to make the best of the existing legislation.

In addition, the evaluation shows targeted legislative changes to address certain identified shortcomings of the Directives could be beneficial. For example, in light of recent developments in the digital economy, one such change could be enhancing the transparency of online platforms. Another could be introducing EU-level rights to remedies (such as right to terminate the contract or to receive a refund of the price paid) for victims of unfair commercial practices, in view of the still relatively high occurrence of such practices.

Fitness Check follow-up actions (updated in October 2017):

Based on these evaluations of EU consumer law, the Commission is currently assessing the need for possible changes in legislation. To this end the Commission

The Commission carried out the following consultations for this Impact Assessment:

  • Online public consultation of 14 weeks (June – October 2017); 
  • SME panel survey (July – September 2017);
  • Structured discussions with Member States authorities and experts also via specific surveys within DG JUST networks such as Consumer Protection Network (CPN – national ministries); Consumer Protection Co-operation network (CPC – consumer protection enforcement authorities), European Consumer Consultative Group (ECCG – national consumer associations), European Judicial Network (EJN);
  • Continuation of the targeted consultation of the consumer and business organisations in the framework of the REFIT Stakeholder Consultation Group.
  • Targeted consultations of relevant stakeholders including consumer and business organisations.

Documents published on 29 May 2017

Fitness check of consumer and marketing law:

Evaluation of the Consumer Rights Directive (CRD):

Studies for the Fitness check of consumer and marketing law and evaluation of the Consumer Rights Directive: