The EU Consumer Credit Agreement Directive (2008/48/EC) was implemented in Austria through the enactment of a new federal Consumer Credit Act.
The new Act on Market Practices and Consumer Protection has been published and came into force on 12 may 2010. This act replaces the Trade Practices Act of 14 July 1991.
On 21 May 2011, the Official Journal published Commission Regulation 494/2011 which extends the current ban on the presence of cadmium in products to cover articles made of plastic materials, articles of jewellery, and brazing.
On 24 March 2011, the European Parliament approved in plenary session a series of amendments to the draft Directive on Consumer Rights (the "Directive") (See, this Newsletter, Volume 2008, No. 10, p. 4 and Volume 2011, No. 1, p. 5).
On 30 November 2010, Ms Liesbeth Van der Auwera of the Flemish Christian-Democratic Party (CD&V) introduced a Bill in the Chamber of Representatives to amend the Law of 6 April 2010 on Market Practices and Consumer Protection (the "Law") in view of combating misleading business directories
On 7 December 2010, the Court of Justice of the European Union (the "ECJ") delivered a judgment in response to two references for a preliminary ruling lodged by the Austrian Supreme Court with regard to the interpretation of Articles 15(1)(c) and 15(3) of Council Regulation 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the so-called "Brussels I Regulation").
Most consumers are already aware that if they shop on-line
they can, within two weeks of the purchase rescind the purchase
contract and return the goods without stating a reason and without
being subject to any sanctions.
Recently, there has been wide discussion on the admissibility of arbitration clauses in contracts concluded with a consumer.
By order of 7 March 2013, the Court of Justice of the European Union ruled on a preliminary reference from the Ghent Commercial Court.
On 14 March 2013, the European Commission published a Communication on the application of Directive 2005/29/EC of 11 May 2005 on unfair business-to-consumer commercial practices.
A new European Commission Regulation (Regulation 56/2013) came into force on 5 February 2013.
On 6 December 2012, the European Commission published the results of an EU-wide screening of websites selling games, books, videos and music which can be downloaded to a computer or mobile device.
On 19th July 2012, the Court of Justice of the European Union ruled that undertakings selling airline tickets should not automatically include cancellation insurance in their prices but should rather make it available on an "opt-in" basis.
On 5 July 2012, the Court of Justice of the European Union ("ECJ") handed down a judgment on a reference for a preliminary ruling from the Oberlandesgericht Wien (Austria) concerning the interpretation of Article 5 (1) of Directive 97/7/EC of 20 May 1997 on the protection of consumers in respect of distance contracts ("Distance Selling Directive") (ECJ, case C-49/11, Content Services Ltd v. Bundesarbeitskammer).
Merilampi Attorneys Ltd represented Peab Ltd in the first group complaint tried before the Finnish Consumer Disputes Board. Peab Ltd is one of the leading construction and civil engineering companies in the Nordic Countries, providing employment for around 15.000 employees.
In the summer of 2011, the Finnish National Supervisory Authority for Welfare and Health (herein ’Valvira’) set a general prohibition for the manufacturer of tobacco products to inform consumers of changes in tobacco product packaging.
France has implemented both Council Directive 85/374/EEC of July 25, 1985 and Directive 2001/95/EC of December 3, 2001.
The increasing number of cases related to product safety and the abundant media coverage surrounding them reflect the ever-growing importance of the issue of safety and the increasing concern of Member States to ensure public health protection.
Germany has implemented both Directive 85/374/EEC of July 25, 1985, and Directive 2001/95/EC of December 3, 2001.
On 21 May 2012, new consumer protection legislation was accepted by Parliament