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Directive Contested after Parliament Vote

  • On 24 March, the European Parliament adopted the Directive on Consumer Rights based on the 2008 proposal of Commission’s D.G. IMCO.
  • FEVAD (the French Remote Selling Federation), among others, is blaming this Directive and considers its sections on e-buyers protection unrealistic. In lieu of the initial minimum harmonisation, this text apparently aligns consumer right on the German consumer protection, the highest existing level in Europe. Most of all, FEVAD is worried about a possible rise in costs due to several elements:
  • Revocation period extended to 14 days (compared to seven in France) and followed by a second 14-day period for the consumer to send back the goods and be reimbursed,
  • Payment of the forwarding fees by the e-merchant for goods exceeding 40 euros price,
  • Necessity to provide a website translated in all European languages and accepting all European currencies, etc.
  • It is feared that the number of returned goods would (at least) double, as it is said to be the case in Germany since 2010 enactment of a likewise regulation. Some Internet users would then be granted possible free try-out periods at home. Professionals then insist that the development of true pan-European e-commerce might be hindered by the cost of these requirements.
  • The Parliament is known for its consumer oriented position. For instance, it proposed that the return period of delivered goods be extended to one year in case the provider forgets about his information obligations (compared to three months in the Commission project’s article 13).
  • This text encompasses other aspects than online selling and partly relies on a report published by the Commission in 2009. This report blamed the obstacles to the development of cross-border e-commerce.
See February 2011 Watch