CYIL vol. 15 (2024)
RADKA MacGREGOR PELIKÁNOVÁ the EU and EU law, 3 four important proposals were brought forward by the European Commission, including the Proposal for a Directive on the right to the repair of goods (Repair Goods Directive or “Right to Report Directive” or “R2R Directive”). 4 The importance and massive impact of such an evolution cannot be overemphasized and it is highly illustrative to appreciate the context of the development of EU consumer protection law (1.), the recent emergence of the Proposal for a Repair Goods Directive and its smooth legislative journey (2.), and additions brought to it by the European Parliament (3.). This Directive has been signed and the right to repair is included into EU law. The materialization of its conceptual foundation strongly testifies not only about EU consumer protection law alone, but as well about the current EU as such and definitely emphasizes the relevancy of this study. 1. The development of EU consumer protection law – five pillars for fairness The roots of consumer protection by EU law goes back to the 1990’s, namely to Directive 93/13/EEC on unfair terms in consumer contracts (Unfair Contract Terms Directive) 5 and Directive 98/6/EC on consumer protection in the indication of the prices of products offered to consumers (Price Indication Directive). 6 Interestingly, both the Unfair Contract Terms Directive and the Price Indication Directive are still valid and protect consumers in the EU, from unfair terms and conditions included in contracts for goods and services, by demanding ‘good faith’ and ‘fairness’ (Unfair Contract Term Directive) and the clarity of the information about the sales and unit price (Price Indication Directive). Even more interestingly, they both were modernized and made more enforceable under the auspices of the program “New Deal for Consumers” 7 by Directive (EU) 2019/2161 8 and by the case law of the Court of Justice of EU (CJ EU). Responsibility as an Antecedent of Innovation, Reputation, Performance, and Competitive Success: A Multiple Mediation Analysis. Sustainability [online]. 2019, 11(20), 5614 [viewed 16 September 2023]. https://doi. org/10.3390/su11205614. 3 TUREČKOVÁ, K., NEVIMA, J., VAŇOVÁ, A., VITÁLIŠOVÁ, K. Society 4.0: general economic implications. Journal of European Economy [online]. 2023, 22(2), 146–157 [viewed 6 April 2024]. https://doi.org/10.35774/ jee2023.02.146. 4 COM(2023) 155 final Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common rules promoting the repair of goods [online]. In EUR-Lex. Available from: https:// eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2023%3A0155%3AFIN. 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts [online]. In EUR-Lex. Available from: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A31993L0013&qid=1714464894357 5. 6 Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers [online]. In EUR-Lex. Available from: https:// eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A31998L0006. 7 EUROPEAN COMMISSION. PRESS RELEASE. A New Deal for Consumers: Commission strengthens EU consumer rights and enforcement. 11 April 2018 Brussels [online]. Available from: thttps://ec.europa.eu/ commission/presscorner/detail/en/IP_18_3041. 8 Directive (EU) 2109/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernization of Union consumer protection rules. In EUR-Lex. Available from: https://eur-lex.europa.eu/eli/dir/2019/2161/oj.
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