Earlier this year, the European Commission opened a public
consultation on current EU consumer and marketing law to run a
"Fitness Check" to assess the current regulatory
framework with a view to simplifying the law and reducing
Six directives were subject to their "Fitness Check",
The Unfair Contract Terms
The Misleading and Comparative
The Unfair Commercial Practices
The Sales and Guarantees
The Price Indication Directive;
The Injunctions Directive.
Although subject to separate evaluation by the Commission, the
Consumer Rights Directive was also covered by the consultation.
During the Consultation period, the Commission welcomed
responses from citizens, organisations and public authorities. The
UK's Advertising Association (the "AA") submitted its
response and questioned the necessity of re-opening and expanding
these existing Directives. The AA are of the belief that the
current legal framework adequately protects both consumers and
businesses and they object to certain suggested proposals put
forward by the Commission:
Altering the definition of
Consolidating the current rules into
one horizontal instrument;
Extending the current blacklist of
prohibited practices; and
Creating further harmonisation.
However, the AA states that it would be a good opportunity to
streamline laws, eliminate overlaps and provide clear and
consistent information to consumers.
The public consultation closed for responses on 12 September
2016. The Commission will now review the gathered evidence. There
is an EU Consumer Summit dedicated to the "Fitness Check"
on 17 October 2016 in Brussels and by the second quarter of 2017,
the Commission aims to publish its report.
We will keep an eye on progress so that we can keep you updated
with any key changes.
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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A recent practice guide by the Law Society has managed to drop a small bombshell on land law practice by suggesting that consumer protection laws might affect a significant number of everyday transactions by imposing on solicitors a direct requirement to disclose defects with a property
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