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

Hans-W. Micklitz
Consumer
contract law
on services
Transport
Financial
services
Network
services for
customers
(electricity,
gas,
telecommuni
cation, postal
services)
Public law Private law Regulatory
instruments
traditional
Commercial
practices 121
All financial
services:
single
passport
regulation on
the basis of
home
country
authorization
Privatisation
of public
monopolies;
guarantee of
universal
services;
unbundling;
Commercial
practices,
contract law,
conflict
solution
Contract law
and liability
Insurance:
contract law
rules;
financial
instruments
services:
conduct of
business
rules as
contract law
rules
Comprehensi
ve set of
mandatory
private law
rules
Limited use
of country of
origin
principle
Mandatory
rules on
transport
contracts
Insurance:
mandatory
contract law
on specific
issues
Mandatory
rules on
universal
services
(services
publiques) in
network
contracts;
Regulatory
instruments
less
traditional
Few default
rules,
Limited
impact of
selfregulation
Financial
instruments:
rules on
conduct of
business
obligations to
be
concretised
in the
Lamfalussy
procedure
“measures”
outside
universal
services in
the energy
sector 122 ,
and postal
services 123
Minimum/
full
harmonisati
on
Minimum and
full
Full
Full
Full
121 Some Member States would understand unfair commercial practices law as public law,
others like Austria and Germany as private law.
122 Directive 2003/53/EC and Directive 2003/54/EC Annex A “Measures on Consumer
Protection”, which means, according to Article 3 (5), respectively Article 3 (3), “at least
household customers”, that is, customers purchasing electricity or gas for their own
household consumption.
123 Articles 9 (3), and 19 Directive 2002/39/EC by way of regulatory means and Article 16
quality of services through technical standards.
40