Fic rEcommEndationS - Eurobank EFG

and other similar expressions, if the use of such terms does
not mean providing the consumer with more rights than
those provided under the Law.
Consumer disputes may be settled in both judicial proceedings
and out of court. In general and since cases of violating
consumer rights do not concern only individual consumers,
we find as significant achievement that (registered)
consumer associations and unions of consumer associations
are entitled to represent their interests in procedures
before the bodies in question. Therefore, promotion of collective
consumer interest is (to be) safeguarded and can be
achieved in a (more) efficient and economical manner.
rEmaininG iSSUES
Although the solutions foreseen by the Law, prima facie,
regulate many aspects of consumer protection, there are
many legal standards and unclear formulations (e.g. professional
care, average consumer, reasonable decision, serious
and non-contractual obstacle), which might be a challenge
for bodies in charge and courts, since the practice is still
weak and untested.
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Fic rEcommEndationS
In accordance with the principle of satisfying consumers’
basic needs, the Law specially regulates consumer protection
in the sphere of services which are considered to be
of general economic interest and introduces a special category
of a vulnerable consumer. It is still unclear which consumers
are to be considered as vulnerable, or how they will
be supported when it comes to facilitating their access to
the services of general economic interest. The National Programme
of Vulnerable Consumers Protection and relevant
by-laws are expected to be adopted by bodies in charge.
We are uncertain how the Government will secure vulnerable
consumers protection, especially during the situation
of economic crisis and the state budget pressure.
The general guarantee regime for goods/services conformity
with a 2-year guarantee period has been introduced.
However, it is noticeable that our legal system still enforces
legal instruments (mostly orders), which foresee shorter
guarantee periods for different types of technical and other
goods. Some of those instruments were abolished by the
Order on Abolition of Specific Orders; however, some which
are not in compliance with the Law are still in force and
should also be abolished.
Establishing of the National Council for Consumer Protection and professional training of competent bodies,
consumer associations and all other entities safeguarding consumers under the Law, and development of their
mutual cooperation;
Adoption of the National Programme for Vulnerable Consumers Protection and adoption of missing by-laws, in
order to provide consistent implementation of the Law;
Further work on harmonisation of regulations regarding consumer protection with other areas of law, and international
and EU principles;
Timely adoption of by-laws required under the Law on the Protection of Users of Financial Services, so as to
enable the providers of financial services to harmonise (as soon as possible) their internal instruments with the
applicable regulations.
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