Consumer Protection Law in the EU
The course shall be taught in English.
Two hours of lectures per week (30 hours in total)
4 ECTS
LECTURERS:
Marko Baretić, Ph. D. – Assistant Professor at the Civil Law Department of the Faculty of
Law of the University of Zagreb
Saša Nikšić, Ph. D. – Assistant Professor at the Civil Law Department of the Faculty of law
of the University of Zagreb
Summary
Consumer protection today is one of the most prominent policies of the European Union. Over the years an
extensive body of law dealing with consumer protection has been developed within the institutions of the
European Union. This development has changed to a great extent some of the main principles and to some
extent, a very structure of domestic legal systems of the Member States of the EU, both in the field of private law
and public law. This course offers a general overview of the consumer protection law and policy in the EU and
particular Member States as well as an in dept analysis of particular features of the consumer protection law. The
course will consist of two parts. In the first part general issues of the consumer protection policy and law in the
EU will be dealt with. This part of the course offers general overview of the consumer protection in the EU.
Within this part of the course following topics will be elaborated: development of the consumer protection policy
and law within the EU, fundamental rights of consumers, distinction between consumer protection policy and
consumer protection law, methods of approximation of the domestic law of the Member States in the field of
consumer protection, main features of consumer protection law, future developments in the field of consumer
protection. Second part of the course shall be focused on particular features of consumer protection law. Within
this part of the course both public law and private law issues will be taught. Within this part of the course
following topics will be elaborated: quality and safety of products, regulation of market practices, substantive
contract and tort law issues (unfair contract terms, consumer protection in specific contracts), procedural law
issues.
a)
Detailed description of the course
1.
Introduction to the consumer protection in the EU (2 hours)
a. Development of the consumer protection in the EU
b. Consumer protection policy and consumer protection law
c. Sources of law
d. Fundamental rights of consumers
2.
Introduction to the consumer protection law in the EU (2 hours)
a. Choice of measures used in the approximation of national laws of the Member States in the
field of consumer protection
i. directives
ii. regulations
b. Methods of regulation of consumer protection in the EU law
i. concept of minimum harmonisation
ii. vertical approach
c. Implementation techniques in the Member States
d. Main features of consumer protection law in the EU
3.
Introduction to the consumer protection law in the EU (2 hours)
a. Current and future developments in the consumer protection law
i. Switch from concept of minimum to the concept of maximum harmonisation
ii. Switch from vertical to horizontal/hybrid approach
1
iii. Common frame of reference and possible impact of consumer protection law to the
development of European contract law
4.
Market regulation - Product safety (2 hours)
a. Basic concepts of consumer safety regulation
i. Regulation and deregulation of product safety
ii. Main features of the “new approach” regulation
5.
Market regulation – Product safety (2 hours)
a. General product safety
i. Main features
ii. Rapid Alert System (RAPEX)
b. Specific products safety
6.
Market regulation – Regulation of trade practices (2 hours)
a. Unfair commercial practices
b. Advertising
7.
Contract law – general part (2 hours)
a. Scope of regulation
b. Main features of consumer contract law
8.
Contract law – general part (2 hours)
a. Unfair contract terms in consumer contracts
9.
Contract law – general part (2 hours)
a. Warranties and associated guaranties
10. Contract law – specific techniques of conclusion of contract (2 hours)
a. Doorstep selling
b. Distance marketing
11. Contract law – specific contracts (2 hours)
a. Consumer credit
12. Contract law – specific contracts (2 hours)
a. Timeshare agreement
b. Package travel
13. Tort law (2 hours)
a. Liability for defective product
14. Procedural law – protection of the interests of consumers (2 hours)
a. Protection of collective interests of consumers
b. Collective protection of individual interests of consumers
15. Procedural law – protection of the interests of consumers (2 hours)
a. Alternative disputes resolution systems
i. Mediation in consumer disputes
ii. Arbitration in consumer disputes
1.
GENERAL AND SPECIFIC KNOWLEDGE
This course is primarily developed for foreign students who participate in the EARSMUS exchange programme.
Students of the Faculty of law of the University of Zagreb can as well enrol the course as an elective subject
within the 9th semester of Master of law study.
After successfully finishing the course students are expected to gain a general knowledge on the consumer
protection law in the European Union, notably its main features, sources of law, regulation techniques and
specific provisions. They should be able to enumerate main rights of consumers, main sources of law of
2
consumer protection, fields of protection and main features of consumer protection regulation. Furthermore,
students are expected to be able to detect different modalities of judicial and alterative protection of consumer
rights. Finally, after successfully finishing the course students are expected to acquire specific knowledge which
will help them in solving practical problems.
2. TEACHING
Two hours of lectures per week. In due time before each class, the students will be provided with reading
materials. They are expected to prepare for the class, to read designated materials and to participate actively in
the class. During the course the students will be required to submit one essay. The topic of the essay will be
designated in advance.
3. ASSESSMENT
Final written exam.
In order to obtain awarded credits, the student is required to pass the written exam. Students shall be graded in
accordance with Croatian grading system. 80 % of the grade obtained shall be earned through the final written
exam and 20 % through the essay during the course.
4. LITERATURE
Compulsory reading materials:
Stephen Weatherill: EU Consumer Law and Policy, Edward Elgar Pub, 2005
Marco Loos: Review of the European consumer acquis, Sellier, 2008
Sources:
Consolidated versions of the treaty on European Union and the Treaty on the Functioning of the European Union
(selected provisions)
Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing
common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation
or long delay of flights, and repealing Regulation (EEC) No 291/91
Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents,
amended by Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002
amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents
Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product
safety
Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in
the indication of the prices of products offered to consumers
Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair
business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC,
Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation
(EC) No 2006/2004 of the European Parliament and of the Council („Unfair Commercial Practices Directive“)
Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning
misleading and comparative advertising (codified version)
Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated
away from business premises
Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of
consumers in respect of distance contracts, amended by Directive 2002/65/EC of the European Parliament and of
3
the Council of 23 September 2002 concerning the distance marketing of consumer financial services and
amending Council Directive 90/618/EEC and Directives 97/7/EC and 98/27/EC
Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the
distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives
97/7/EC and 98/27/EC, OJ 2002 L 271/16.
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the
sale of consumer goods and associated guarantees
Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for
consumers and repealing Council Directive 87/102/EEC
Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of
consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts
Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours
Council Directive of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of
the Member States concerning liability for defective products (85/374/EEC) amended by Directive 1999/34/EC
of the European parliament and of the Council of 10 May 1999 amending Council Directive 85/374/EEC on the
approximation of the laws, regulations and administrative provisions of the Member States concerning liability
for defective products and Council Resolution of 19 December 2002 on amendment of the liability for defective
products
Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the
protection of consumers' interests
Council Resolution of 7 May 1985 on a new approach to technical harmonization and standards
Preliminary programme of the European Economic Community for a consumer protection and information
policy (1975)
Green Paper on the Review of the Consumer Acquis, Commission of the European Communities, 2007
Proposal for a Directive of the European Parliament and of the Council on consumer rights, Commission of the
European Communities, 2008
Additional reading materials:
Geraint G. Howells - Stephen Weatherill: Consumer Protection Law, Second Edition, Ashate Publishing, 2005
Martin Ebers-Hans Schulte-Noelke-Christian Twigg-Flesner (ed): EC Consumer Law Compendium: The
Consumer Acquis and its Transposition in the Member States, Sellier European Law Publishers, 2008
Lynden Griggs: Consumer Protection Law, Oxford University Press, 2008
Willem Van Boom: Collective Enforcement of Consumer Law: Securing Compliance in Europe Through Private
Group Action and Public Authority Intervention, Europa Law Publishing, 2007
Christopher Hodges: The Reform of Class and Representative Actions in European Legal Systems: A New
Framework for Collective Redress in Europe (Studies of the Oxford Institute of European and Comparative
Law), Hart Publishing, 2008
Christopher Hodges: European Regulation of Consumer Product Safety, Oxford University Press, 2005
5.
QUALITY CONTROL
Quality control is conducted by standard procedures of the University of Zagreb consisting of the method of
anonymous questionnaire.
4