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Five years ago, the Regulation for Improving Enforcement of Consumer Protection Legislation came into force. Its objective is to improve the cooperation between national authorities. A range of measures and instruments shall help to preserve consumer rights. This week, the Commission presented in the European Parliament, which improvements the Regulation has brought for the law enforcement for consumers since its introduction.
Tamás Molnár, Head of Unit, Health & Consumer Protection of the European Commission stated at the beginning that the Regulation could create a network of national law-enforcement authorities. This would enable a better exchange of information for example during the investigation of illegal cross-border activities.

Some hundred cases each year would be followed up by this network. Including the EEA countries, there were 327 cases in 2007 and 392 cases in 2008, which were dealt with due to the information exchange system.

There were, however, still problem areas said the Commissioner. Consumer protection rules are interpreted differently in individual Member States; there was not enough money and personnel to deal with enquiries; it would take between 150 and 170 days to reply to a case as in many cases one had to wait for the decision of the court. In 10 percent of the cases it would even take over a year until a decision could be made. Regulations with regard to fines or a “Naming & Shaming” list did also not exist.

The rapporteur on this regulation MEP Evelyne Gebhardt, but also the Chairman of the Internal Market and Consumer Protection Committee, MEP Malcolm Harbour, asked for more information on the planned proposal for class action by the Commission. Tamás Molnár of the Commission commented that the objective behind this proposal would be to provide the authorities with an additional remedy.


Further information:

Commission Communication on status of the enforcement of the consumer acquis

Report of the Commission about the application of responsibility