covers common issues in consumer protection laws and regulations, including substantive provisions, enforcement action, remedies and anticipated reforms, in 23 jurisdictions. 33h GWB). 3.14 Describe any international or regional cooperative mechanisms (e.g., MOUs) in which your jurisdiction is involved in the enforcement of consumer protection. Otherwise the costs remain with the company. in the … The scope of this new class action will be much broader than previously, and consumer protection associations or authorities from other Member States will also have a standing to sue in Germany. If the missing information was related to costs (e.g. Protections/prohibitions in relation to the safety of goods and services. the date up to which or at least the deadline within the company intends to fulfill the contract, restrictions of interoperability and compatibility of hardware and software, The revocation period cannot begin before the contract is concluded, It does not begin before the company disclosed a proper instruction regarding the right of revocation, In case of a purchase of consumable goods the period does not begin before the goods are received by the purchaser, In case of digital goods purchased the revocation right may end in a more complicated way: When the selling company has started fulfilling the contract with the consumer’s explicit consent given prior to the fulfillment and the consumer has approved his knowledge of losing the revocation right. The Bundeskartellamt is currently examining how ranking systems work to find out how trustworthy ratings are and whether they violate consumer law. On June 14, 2013, the German Federal Parliament passed the Act on the Implementation of the EU Consumer Rights Directive and on the Amendment of the ... New consumer protection laws in Germany In addition, the key results are summarised in a new contribution to the Bundeskartellamt’s series of papers on “Competition and Consumer Protection in the Digital Economy”: “Consumer rights and online user reviews: Need for action“. In terms of regulatory-offence proceedings, sec. There is no specific test for all of the above. [spacing size=”20px”]. Many information duties do not apply to “everyday contracts” that are fulfilled immediately. Consumers can therefore use this claim as a “first step” to raise their specific claims in subsequent individual proceedings. Relevant forms of consumer detrimental infringements prohibited under German competition law are, for instance, the abuse of market power under sec. In Germany, the Regulation (EU) 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws applies. Not complying to the consumer protection rules can thus be very costly. 2.25 List at least two examples of public or private enforcement of these protections in the last five years, including the breach/alleged breach, result and penalties imposed. With these new competences the Bundeskartellamt can identify problems and provide recommendations for action. The mandatory catalogue includes information such as (among others)the main attributes of the goods or services, The information must be provided before the customer accepts or makes the offer to conclude a contract. 3.17 Does an appeal suspend the effect of any penalty/the requirement to pay any fine? Unfortunately, the law is not very clear and does not define what “explicitly” means in this context and if “explicitly” requires a separate agreement for such services. The sector investigations by the BKartA are rather an instrument to reveal sector-wide consumer protection deficiencies in order to take appropriate countermeasures. When the first Federal Minister of Justice was appointed on 20 September 1949, there was already a tradition of central judicial authorities in Germany dating back over 70 years. The Federal Institute for Occupational Safety and Health provides additional information on how to best conduct product recalls. Some countries, such as South Africa, have adopted a very comprehensive and rights-based approach. 2.22 Please outline the substantive tests for the above-mentioned protections/prohibitions. Over the past few years, however, courts have been confronted by a very large number of consumers raising claims against Volkswagen in relation to their cars possessing an illegal software controlling the measurement of engine exhausts (“Dieselgate”). For services, no specific definition exists in terms of what qualifies as “defective”/sub-standard service. In this context, we would like to draw your attention to a relatively recent reform of the German Consumer Protection Law, which provides for deep changes in the whole statutory system. However, the authority has as yet not been granted powers to intervene in such matters e.g. In addition, several private institutions and associations, which in part are also subsidised by the Federal State and/or the Bundesländer may enforce certain consumer protection laws. WRP: Andreas Mundt - Verbraucherschutz braucht eine stärkere behördliche Komponente, VuR: Das Bundeskartellamt als neuer Akteur der Verbraucherrechtsdurchsetzung, Consumer protection and smart TVs - An Investigation by the Bundeskartellamt, Consumer protection and smart TVs - Recommendations of the Bundeskartellamt, Consumer protection and smart TVs - Tips for consumers. The information needs to be implemented in a way so it is easily understood, visible and highlighted. The new scope is much broader. The German law on sales regulates the legal relationship between buyers and sellers. By using the old sample notification, you risk WARNING LETTERS as described above. 3.9 Describe the enforcement powers/tools available to these bodies (civil, administrative, criminal). Violations of the UWG may also constitute a criminal offence triggering fines of up to EUR 300,000 or imprisonment. Final report (in German). These are antiques, products that need refurbishing (if made clear that they require refurbishing), products for military use, food, animal feed, live plants and animals, medical products (for these, a specific act applies), and plant protection products (for these, a specific act applies), see sec. 90 para 2 GWB in cases on substantial, permanent or repeated infringements of consumer protection provisions which, due to their nature or scale, harm the interests of a large number of consumers.
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