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

Hans-W. Micklitz
It is one characteristic of EC contract law that it does not respect the divide
between substantive and procedural law. The different regulations, directives
and soft law instruments contain mostly rules on in-house complaint handling
and out-of-court settlement. This policy of the European Commission fits in very
well into the advocacy of less traditional instruments. The law is soft, and so is
the enforcement. Collective remedies are scarce. The amazing rule in Article 53
of Directive 2004/39/EC on financial instruments, which introduces some sort of
collective redress, has not yet found the attention it deserves. However, even
soft enforcement fails if the service provider has gone bankrupt. There are more
and more rules to be found in EC law which protect the consumer and/or
customer against the insolvency of the service provider.
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
After-sales
services
Maintenance
services if
offered 379 ,
Information
on the
existence of
after-sales
services 380
Insolvency
Protection
against
insolvency of
tour
operator 381
Envisaged, in
the event of
bankruptcy of
the air
carrier 382
Investor
compensatio
n schemes 383
In-house
complaint
handling
Complaint
handling
procedure
foreseen in
draft 384
Postal
services,
availability of
transparent,
simple and
inexpensive
procedures 385
Detailed
rules on rules
on in-house
complaint
handling 386 ,
379 Annex A a) third indent.
380 Article 22 (1) (h) of the Service Directive.
381 Article 7 of Directive 90/314/EEC on package tours.
382 COM (2005) 46 final 16.2.2005 at (49).
383 Directive 97/9/EC, OJ L 84 of 26.3.1997.
384 COM (2004) 143 final, 3.3.2004, Article 34.
385 Article 19 Directive 2002/39/EC, no reference to Recommendation 98/257/EC.
386 Article 27 (1) to (3) of the Service Directive.
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