Directive 2011/83 / EU (Consumer Rights Directive)

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Directive 2011/83 / EU

Title: DIRECTIVE 2011/83 / EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Directive 93/13 / EEC of the Council and Directive 1999/44 / EC of the European Parliament and of the Council as well as for Repeal of Council Directive 85/577 / EEC and Directive 97/7 / EC of the European Parliament and of the Council.
Designation:
(not official) 		Consumer Rights Directive
Scope: EEA
Legal matter: Consumer law
Date of issue: October 25, 2011
Release date: November 22, 2011
Come into effect: December 12, 2011
To be used from: December 13, 2013
Replaces: Directive 85/577 / EEC Directive 97/7 / EC
Full text Consolidated version (not official)
basic version
Regulation has entered into force and is applicable.
Please note the information on the current version of legal acts of the European Union !

With the Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011, better known as Consumer Rights Directive ( VRR or VR-RL ), the 93/13 / EEC directives Council and 1999/44 / EC of the European Parliament and Council amended and Directive 85/577 / EEC of the Council and Directive 97/7 / EC of the European Parliament and of the Council repealed. The Consumer Rights Directive of the European Parliament and Council came into force on December 12, 2011.

The aim of the Consumer Rights Directive is the complete harmonization of the information obligations towards consumers in distance selling or outside of contracts concluded in business premises and the harmonization of the current national consumer protection legislation in the member states. The aim is to facilitate business relationships between companies and consumers both in national domestic markets and across borders within the European Union . The member states have to transpose the Consumer Rights Directive into national law by December 13, 2013. The implemented regulations should then apply from June 13, 2014 to the conclusion of contracts.

Essential content of the Consumer Rights Directive

The Consumer Rights Directive essentially contains the following regulations:

Pre-contractual information requirements

When concluding a distance contract or an off-premises contract with a consumer, traders should be obliged to inform the consumer about all essential aspects of the contract before concluding consumer contracts.

These include:

  • the essential characteristics of the goods or services
  • an imprint with the identity and address of the trader, as well as his telephone number
  • the total price of the goods or services including all duties and taxes
  • additional costs such as B. Freight, delivery or shipping costs
  • Payment, delivery and service conditions
  • the instruction about an existing right of withdrawal and the reference to the existence of a statutory warranty right for the goods

Delivery and transfer of risk

The provisions at the time of delivery and transfer of risk are currently not regulated at EU level. The trader should be obliged to deliver within a maximum of 30 calendar days from the conclusion of the contract, unless a specific delivery date has been agreed. The consumer should be protected from the risk of loss or damage to the goods in transit. The Consumer Rights Directive regulates that the risk of loss or damage to the goods in the case of a mail order purchase is transferred to the consumer if he or a third party named by the consumer who is not the carrier has taken possession of the goods.

Withdrawal periods

As a result of the Consumer Rights Directive, there will be a uniform EU-wide withdrawal period of 14 calendar days for distance sales contracts and contracts outside of business premises. To make it easier for consumers to withdraw their consent, a model withdrawal form will be introduced, but its use will be optional.

Implementation in Germany

The EU member states are obliged to implement the Consumer Rights Directive into applicable law by December 13, 2013. The implementation took place in Germany through the law for the implementation of the consumer rights directive and for the amendment of the law regulating the housing brokerage of September 20, 2013 with effect from June 13, 2014.

The implementation law changed that in particular

In addition, the right of revocation in the Distance Learning Protection Act (FernUSG) and in the law regulating housing brokerage have been adapted.

There were editorial changes in the following provisions:

Implementation in Austria

The implementation in Austria took effect on June 13, 2014 through the Distance and Foreign Business Act (FAGG) of May 26, 2014 as well as an amendment to the Consumer Protection Act (KSchG) and the ABGB .

Austria has made use of various opening clauses in the directive. For example, § 1 KSchG establishes an independent term of the consumer, which is more comprehensive than the consumer term in the directive. The distribution of pharmaceuticals and medical products at a distance falls under the scope of the FAGG, although the directive excludes health services from its scope. According to § 918, Paragraph 1 of the Austrian Civil Code (ABGB), the setting of a grace period and the declaration of resignation can be made in a single act; it is not necessary to wait for the grace period to expire for a declaration of resignation.

Switzerland

Switzerland's legislation in the consumer sector is based on the standards agreed in the European Union.

Web links

Individual evidence

  1. ↑ Directive 1999/44 / EC will be repealed from January 1, 2022 by Directive (EU) 2019/771 (sales of goods) .
  2. ↑ Federal Law Gazette I p. 3642
  3. ↑ Law on the implementation of the consumer rights directive and on the amendment of the law on the regulation of housing brokerage Legal materials on the website of the Federal Court of Justice , accessed on March 5, 2017
  4. ↑ Klaus Tonner: The Law for the Implementation of the Consumer Rights Directive - EU law background and overview VuR 2013, pp. 443–448
  5. ↑ Implementation of the Consumer Rights Directive of the Düsseldorf Bar Association, accessed on March 8, 2017
  6. ↑ Sabine Rechmann: Synopsis of the changes as of June 13, 2014 due to the consumer rights guidelines in the BGB June 2014
  7. ↑ Heiner Simons: Amendment of the Distance Learning Protection Act (FernUSG) November 14, 2013
  8. ↑ Sebastian Leonhardt: The importance of the law to implement the consumer rights directive and to amend the law regulating housing brokerage for commercial rental of living space 2014
  9. ↑ § 20 of the law announced in Article 4 of Federal Law Gazette I No. 33/2014 .
  10. ↑ Federal Act on Distance Selling and Contracts concluded outside of business premises (Distance and Foreign Business Act - FAGG) StF: Federal Law Gazette I No. 33/2014 as amended by Federal Law Gazette I No. 83/2015 (VFB) (NR: GP XXV RV 89 AB 92 p. 21. BR: AB 9169 p. 829.) [CELEX no .: 32011L0083] RIS , accessed on March 5, 2017
  11. ↑ Announcement of the law as Article 4 of the Consumer Rights Directive Implementation Act - VRUG, Federal Law Gazette I No. 33/2014 ( RIS ).
  12. ↑ Article 2 VRUG - BGBl. I No. 33/2014 - u. a. the sections 5a to 5i KSchG inserted by the Distance Selling Act were removed again.
  13. ↑ Max-Lion Keller: E-Commerce in Austria: Implementation of the Consumer Rights Directive 2011/83 / EU in Austria August 14, 2014
  14. ↑ Lukas Bühlmann: The EU Consumer Rights Directive and Switzerland 2014