Brexit and consumers: the Court in C-621/18 Wightman

Dear readers,

A quick update. Yesterday the Court of Justice delivered its judgment in C-621/18 Wightman. The Court confirmed that the UK can indeed unilaterally withdraw its intention to leave the EU (see for a full analysis here), largely following AG Sanchez-Bordona's Opinion (on which we reported here).

Although the judgment is very generous, its real effect is yet to be seen. As always, we will keep you updated.

Brexit and consumers: AG Sanchez-Bordona in C-621/18 Wightman

Dear readers,

Yesterday AG Sanchez-Bordona delivered his Opinion in a landmark case C-621/18, in which a group of citizens lead by Mr Wightman challenged the revocability of UK decision to withdraw from the EU, that is, the now famous Art. 50 TEU. AG Sanchez-Bordona proposes that the Court of Justice should find that the case is admissible to the Court and that it should instruct the referring Scottish court that Art. 50 TEU allows the unilateral notification of the intention to withdraw from the EU.

Given that this case does not raise consumer law issues per se, we are not going to provide a detailed analysis (see for detailed account here). The case however may be of an utmost importance for consumer in Britain (see how Brexit may affect consumer protection here) and thus this case deserves a mention on our blog.

And who knows, perhaps it will be a catalyst for a major change? We will see soon and keep you posted!

Blog 'Brexit and European Consumer Law: Now What?' by Catalina Goanta

Just over a week after the 'Brexit' referendum, it is still too early to draw any conclusions about the future relationship between the EU and the UK. The (potential) legal consequences of a 'Brexit' are also unknown, but worth exploring - if only tentatively. In a blog posted this morning, Catalina Goanta of Maastricht University argues that it would not make much sense for the UK to entirely "undo" the EU's influence on national private law, in particular consumer law. Read the blog here.

Towards faster redress for disappointed shoppers?

Today, negotiators from the European Parliament and the Council found a deal on two prospective pieces of legislation: a Alternative Dispute Resolution directive and and a regulation on  Online Dispute Resolution .

The underlying goal is to provide "impartial mediation to settle disputes between shoppers and traders quickly, effectively and at low cost."

Admittedly, similar mechanisms are already available in many member states, but their effectiveness is hampered by lack of awareness and perfectible infrastructure. 

The harmonised ADR mechanisms should be

• available for all economic sectors;
• provided free of charge or only "at a nominal cost";
• capable of generally resolving issues within 90 days.

In order to raise awareness, traders will have to inform consumers of which ADR bodies they are covered by and how to contact them. Measures must be taken in order to ensure that the arbitrators act impartially. 

A specific regulation will be issued concerning problems arising out of online sales. In this case, an online platform will be accessible through the"Your Europe" Portal to guide shoppers to the most appropriate resolution scheme for their dispute. All steps of the complaints will be dealt with online through a standard complaint form and electronic translation.
The application of EU privacy and data protection rules should make sure that the information concerned is processed correctly. 

What now? The acts will have to be officially endorsed by both organs in the coming months, starting with the Parliament where the texts should be put to plenary  vote early in 2013.

Building goes sustainable

Since the start of the economic crisis, the housing market has been less-than-flourishing in many Member States. 

In order to sustain recovery while promoting innovation (and energy saving!), the Commission has proposed an action plan  to stimulate investment in low energy building. 

In a couple of years, if the plan is adopted, it should become easier and cheaper to build the house of your dreams- or renew it with a sustainability agenda, even if you do not live in one of the countries (see table) which are already active in the sector. 

The Commission envisages a package including monetary incentives, awareness-raising and harmonisation of rules aiming at unifying the market and  fostering competition. A more sustainable housing market is possible, stay tuned for future developments!