BRUSSELS LAYS DOWN THE LAW

LEGAL MATTERS

by

Joseph DALBY

BRUSSELS is to step up its efforts to raise awareness of the rights of consumers and the benefits conferred by the European Union.

A European Commission radio campaign informing consumers of two particular rights has been launched this month. The advertisements coincide with a conference next week in Madrid on how Europeans can gain from Single Market laws.

The conference, "Communicating with and Informing Consumers", brings together consumer organisations, lawyers and marketing specialists to explore ways to advertise the special benefits and rights which European Union membership gives consumers. Emma Bonino, European commissioner for consumer policy, will open the event.

Landmark or controversial decisions taken by the Court of Justice usually attract widespread publicity, but many commission directives go almost unnoticed. Most consumer laws are created in directive form, so many consumers remain ignorant of their rights.

How many EU citizens would know that they can seek compensation from an airline when they find their "pre-booked flight" has been overbooked or their seat downgraded? How many buyers would question whether small print -too much or too little of it- breaks EU laws on contracts ?

There are a number of ways to find out. Commission publications, such as its easy-to-use Consumer Guide, available from libraries and consumer bodies, provide consumers with information about their rights.

The radio campaign, which features unfaire contract terms and package holiday flights, will enable the Commission to inform many more consumers on these subjects.

Commission lawyers and consultants are always on hand to give advice, but this is usually only appropriate when large amounts of money are at stake.

For the casual everyday consumer, for whom life is full of smaller, often incidental transactions, there has to be a more reliable, accessible and effective system which ensures that their rights are being respected.

For most of us, the most useful time to be informed of our rights is just before we make a purchase or enter into an agreement. For example, consider the directive on consumer transactions which are conducted away from the seller's usual place of business, as in door-to-door or street sellling.

The directive provides consumers with a get-out clause in the form of a compulsory "cooling off" period during which any agreement made at the door or in the street can be rescinded later if the purchaser changes his or her mind.

All consumers must be told about this right at the time of sale by the seller. If they are not, then consumers can break any subsequent contract they might enter into. This form of right has been incorporated in the directive on time-share accommodation contracts and in the proposed distance selling directive.

However, on such occasions the system of rights and laws relies on the integrity and efficiency of the seller in complying with the requirements. But how is the unsuspecting and possibly uninformed consumer to know if a seller is being less than honest?

The inescapable fact is that there is little an institution like the Commission can do to eradicate the rogue trader and the sharp operator. The solution must be to inform and educate the consumer in the first place.

Joseph Dalby is a barrister based in Brussels. He will be a panel member at the Madrid conference on 21 November.