Services Standards: Defining the Core Consumer Elements ... - ANEC

Hans-W. Micklitz
However, information obligations and advice will not always suffice to overcome
barriers to conclude a contract. Sometimes consumers might face difficulties to
get access to the service. This is especially the case for public utilities, such as
energy or water. There is a long-standing policy in the EC Member States to
guarantee citizens access to certain public utilities even in case the consumer is
no longer in a position to pay for the service. However, in today’s time access to
consumer credit 314 , access to a bank account, access to telephone and
telecommunication means has become essential for consumers in organising
their daily life.
Usually EC law does not contain rules on the conclusion of the contract. This is
left to the Member States. The reason is that the European Community has no
competence in the field of private law as such. However, the lack of
competence does not prevent the EC legislator from adopting rules on the form
in which the contract is concluded.
Accessibility
of the service
Freedom to
contract
Consumer
contract law
on services
Access to
consumer
credit
No EC rules
Transport
Particular
rules on
access to
travel
information
systems,
envisaged 315 ;
Through
establishment
Financial
services
Access to
bank
account
No EC rules
Network
services for
customers
(electricity,
gas,
telecommuni
cation, postal
services)
Access to
energy supply
and public
phone under
the universal
service
doctrine;
Access to
postal
services 316
Energy:
Through
Services
such as
contracts
with liberal
profession
s and
craftsmen
Improved
choice by
Communautaire, 2003, p. 245 and now Article 7 of Directive 2005/29 puts a verdict on
misleading omissions, see Howells/Micklitz/Wilhelmsson, European Fair Trading Law –
The Unfair Commercial Practices Directive, 2006, p. 147 et seq.
314 Access to consumer credit means that each consumer must have a fair chance to get a
credit provided he can bring the requested securities. There is on ongoing debate in
Europe whether and to what extent banks should be allowed to differentiate the interest
rate according to the creditworthiness of the consumer. The point cannot be deepened
here.
315 COM (2004), 143 final, 3.3.2004 on access to travel information.
316 Article 3 Directive 2002/39/EC on financial services.
110