Green Paper on the Review of the Consumer Acquis

Reservations against a full harmonisation

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AK basically welcomes a revision of the Consumer Acquis and concurs with the EU Commission in the need to adjust this body of law. BAK has great reservations, however, about the strategic approach the European Commission wishes to take in the revision of the Consumer Acquis, namely, full harmonisation. This could only reduce the consumer protection standards at national level. The proposed introduction of the country of origin principle or the principle of mutual recognition is not suggestive because it would require that the legal systems of two countries be considered in the event of a conflict. In every single legal issue, one would have to determine which of the two legal systems would apply. It is unreasonable to expect either consumers or the justice system to accept this degree of regulatory fragmentation.« Back