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

Hans-W. Micklitz
Article 26 is the key to understanding what is going on in the field of services. It
provides the legitimacy to foster standardisation, first and foremost without the
European Commission. Standardisation is recognised as an appropriate means
to close the gap which results from the missing rules on the quality of services.
On the other hand, Article 26 grants the European Commission a mandate
under Directive 98/43/EC to initiate standard-making within the comitology
procedure, and enables consumer organisations to develop a tool kit for testing
whether and to what extent the adopted standards guarantee the necessary
level of quality in services. This is the gateway to the best practice approach.
g) Settlement of disputes
The European Commission has a long standing policy in inviting Member States
to initiate action within professional bodies on the development of appropriate
dispute settlement mechanisms. It is therefore a prominent field of selfregulation.
However, the rules on dispute settlement in the Directive remain
rather scarce. There is no reference to dispute settlement in the recitals and
only one modest one in Article 27 in the text, which runs as follows:
(1) Member States shall take the general measures necessary to ensure that
providers supply contact details, in particular a postal address, fax number or
e-mail address and telephone number to which all recipients, including those
residents in another Member State, can send a complaint or a request for
information about the service provided. Providers shall supply their legal
address if this is not their usual address for correspondence.
Member States shall take general measures necessary to ensure that
providers respond to the complaint referred to in the first subparagraph in the
shortest possible time and make their best efforts to find a satisfactory
solution.
(2) Member States shall take the general measures necessary to ensure that
providers are obliged to demonstrate compliance with the obligations laid
down in this Directive as to the provision of information and to demonstrate
that the information is accurate.
(3) Where a financial guarantee is require for compliance with a judicial decision,
Member States shall recognise equivalent guarantees lodged with a credit
institutions or insurer established in another Member State. (…).
(4) Member States shall take the general measures necessary to ensure that
providers who are the subject to a code of conduct, or are members of a
trade association or professional body, which provides recourse to a nonjudicial
means of dispute settlement inform the recipient thereof and mention
that fact in any document which presents their services in detail, specifying
how to access detailed information on the characteristics of and conditions
for, the use of such a mechanism.
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