Insights European Commission launches “Fitness Check” consultation on EU consumer and marketing law.

The purpose of the Fitness Check is to evaluate whether current consumer protection Directives are fit for purpose in terms of effectiveness, efficiency, coherence, relevance and EU added value.

The following six directives are subject to the Fitness Check:

  • Unfair Contract Terms Directive (93/13/EEC);
  • Consumer Sales and Guarantees Directive (1999/44/EC);
  • Unfair Commercial Practices Directive (2005/29/EC);
  • Price Indication Directive (98/6/EC);
  • Misleading and Comparative Advertising Directive (2006/114/EC); and
  • Injunctions Directive (2009/22/EC).

The consultation also covers the Consumer Rights Directive (2011/83/EU), but it will be subject to a separate evaluation.

The Commission says that the findings will provide the basis for future policy initiatives in this area.  The consultation therefore includes questions on areas of EU consumer and marketing rules that could be modernised.

The results of the consultation will also feed into the ongoing legislative process on the Commission’s Proposal for Directives on contracts for the supply of digital content, and contracts for online and other distance sales of goods.

The consultation is open until 2 September 2016.  For further information, click here.