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

Hans-W. Micklitz
Safety
Billing
Payment
modalities
Consumer
contract law
on services
Prohibition of
advanced
payment in
time share
contracts 363
Transport
Operating
ban on
unsafe
carriers 359
Railway
Safety 360
Financial
services
Network
services for
customers
(electricity,
gas,
telecommun
ication,
postal
services
Protection of
health and
safety 361
Detailed
rules in
ERGEG
Transparenc
y of prices,
best practice
proposition 362
Wide choice
of payment
modalities 364
b) Rights and remedies (withdrawal, compensation and liability)
Services
such as
contracts
with liberal
professions
and
craftsmen
European law puts much emphasis on rights and remedies. The rationale for
this can be found in the early days of the European Community, when the
European Court of Justice turned the Treaty of Rome into a genuine legal order,
granting rights to suppliers and later consumers, which prevail over national law
which conflicts with the basic freedoms 365 . The European legislator and the
European Court of Justice have extended the concept of rights and remedies to
357 Article 16 Directive 2002/39/EC, together with Annex A quality standards for intracommunity
cross-border mail.
358 Article 26 of the Service Directive.
359 Regulation 2111/2005 of 14. December 2005.
http://eur-lex.europa.eu/LexUriServ/site/en/oj/2005/l_344/l_34420051227en00150022.pdf.
360 Directive 2004/49/EC, OJ L 164, 30.04.2004, 44.
361 Articles 5, 6 and 24 of Directive 2003/54/EC on electricity, Articles 3 (2), 6, 26 of Directive
2003/55/EC on gas.
362 Under the heading of “Transparency of price elements in the bill”, no. 36-40.
363 Article 6 of Directive 94/47 on time sharing.
364 Annex A d) of Directives 2003/54/EC on electricity and 2003/55/EC on gas.
365 Stein, The American Journal of International Law 75, 1981, 1.
118