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

Hans-W. Micklitz
• Within the harmonised area of cross-border services under the Services
Directive, i.e. if the relevant item is dealt with by the Directive, the latter
does not leave room for standard-writing beyond that level. In this
respect the requirements of Article 22 have to be respected. If, however,
the particular item is not regulated at all (such as advice), or is regulated
in broad terms only (such as essential facilities 446 ), the Services Directive
does not pre-empt the adoption of technical standards,
• With regard to services that are provided through a subsidiary of a
company that has its main office in Member State A, but provides
services to a consumer who has its domicile in Member State B via its
subsidiary in that Member State B, i.e. the service is not provided across
the border but by a company which has a subsidiary at the consumer’s
residence, the Services Directive does not set limits. Here the full set of
the Article 22 requirements could be taken as a starting position for
standard-writing,
• If the price of the service is composed of different elements, the price of
each element, as well as the final price, has to be given 447 . If the price
cannot be given in advance, the consumer should be informed on the
price calculation methodology or be given a sufficiently detailed estimate,
• Information on the quality should distinguish between tangible and
intangible services and clearly describe the rights and duties of the
parties under the contract (see under 4. b)) 448 ,
• The service provider should provide advice on the basis of a fair analysis
of the service in question, in accordance with recognised professional
criteria, regarding which service would be adequate to meet the
consumer's needs 449 ,
• The contract should preferably be concluded in writing. In that case, the
consumer should be handed over a copy of the contract.
446 See Article 22 (1) j.
447 This is in line with Article 22 (3) a) of the Services Directive, which leaves room to specify
the calculation method.
448 As Article 22 (1) j) of the Services Directive refers to “essential features” only, there is room
to specify what it means with regard to the service in question.
449 See also BS 8477:2007 Code of practice for customer service, 5.3.5. on customer
appointment services.
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