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
- published in June 2017 an Inception Impact Assessment on targeted revision of EU consumer law directives and related consultation strategy;
- published in October 2017 an Inception Impact Assessment on the revision of the Injunctions Directive and related consultation strategy;
- and will prepare an impact assessment, and, if necessary, present legislative proposals.
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:
- Executive summary of the report EN FR DE
- Report on the Fitness check of consumer and marketing law
Evaluation of the Consumer Rights Directive (CRD):
- Report from the Commission to the EP & the Council on the application of the CRD
- Executive summary of the staff working document on the CRD EN FR DE
- Commission staff working document on the CRD
Studies for the Fitness check of consumer and marketing law and evaluation of the Consumer Rights Directive:
- Study for the Fitness check of consumer and marketing law
- Study on the costs and benefits of the minimum harmonisation under the Consumer Sales and Guarantees Directive 1999/44/EC and of potential full harmonisation and alignment of EU rules for different sales channels
- Study on the costs and benefits of extending certain rights under the Consumer Sales and Guarantees Directive 1999/94/EC
- Consumer Market Study to support the Fitness Check of EU consumer and marketing law
- Study on the application of the Consumer Rights Directive: