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

Services Standards
secondary EC legislation. This is especially the case in the law on service
contracts. There are rights at all stages: the right of withdrawal from a contract
or at least to cancel the contract in case of improper performance belongs to the
core of EC regulation. And there is a whole series of compensation rights in the
field of services which overarch by far the existing state of EC law with regard to
products. However, European law does not sanction violations of the obligation
to supply and/or to disclose information, at least not by contract law remedies 366 .
Consumer
contract law
on services
Transport
Financial
services
Network
services for
customers
(electricity,
gas,
telecommun
ication,
postal
services)
Services
such as
contracts
with liberal
professions
and
craftsmen
Right to
withdrawal
and
cancellation
rights
Consumer
credit and
time sharing
(withdrawal);
Cancellation
(package
tour, time
sharing)
24 hour
cooling-off
period for
telephone
reservations
under the
“Airline
Passenger
Service
Commitment”
367
Right to
withdrawal in
life insurance
contracts 368 ;
Cancellation
right in case
of price
increase 369
366 Schwintowski, Informationspflichten und effet utile – Auf der Suche nach einem effektiven
und effizienten europäischen Sanktionssystem, in: Schulze et al., Informationspflichten und
Vertragsschluss im Acquis communautaire, 2003, p. 267.
367 Article 6,
http://ec.europa.eu/transport/air_portal/passenger_rights/doc/commitment_airlines_en.pdf.
368 Article 30 of Directive 92/96/EEC.
369 Annex A b) Directives 2003/54/EC on electricity and 2003/55/EC on gas.
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