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

Hans-W. Micklitz
Information
on the
applicable
law
Form of
contract
conclusion
Consumer
contract law
on services
4. Content of the contract
Transport
Financial
services
Network
services for
customers
(electricity,
gas,
telecommuni
cation, postal
services)
In distance
selling of
financial
services 338
Written basic
agreement, in
paper or
another
durable
medium 340
Services
such as
contracts
with liberal
profession
s and
craftsmen
Applicable
law to the
contract
and/or
competent
court 339
No written
contract
necessary
341
Each and every consumer needs to have access to public utilities. But access
depends on affordability. In this respect access and affordability are interlinked.
Affordability means that even the poor consumer is in a position to use
electricity, water, transport means, as well as telecommunication devices and
bank services. Affordability is particularly important in the area of universal
services.
The by far most important and widely spread means to protect consumers is the
availability of information. However, quite often the set of information
requirements can only be met if the information provider integrates them into
the contract. In this respect it might be fair to say that information requirements
help to shape a set of minimum contract obligations. Sometimes the EC
legislator goes even further and obliges the Member States to lay down rules on
the content of the contractual agreements, such as in the case of investment
services and network contracts.
Most of the EC rules revolve around quality and safety of the services. Safety
seems to be relevant primarily in transport contracts and in energy supply. The
337 Article 22 (1) (f) and Article 22 (4) of the Service Directive.
338 Article 3 (1) m) of Directive 2002/65/EC on distance selling of financial services.
339 Article 22 (1) g of the Service Directive.
340 Article 39 of Directive 2006/73/EC implementing Directive 2004/39/EC on financial
instruments , Article 19 (7) of Directive 2004/39/EC on financial instruments.
341 Article 22 (4) of the Service Directive.
114