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Legal Literature

Legal Literature Details
Member State Greece
Title The consumer rights Directive and M.D. (Ministerial Decision) Z1-891- Το what extend have the goals of improvement of the acquis communautaire and of community cohesion been achieved.
Type article
Reference DEE 3/2014, p. 193
Publication Year 2014
Keywords delivery, harmonisation, passing of risk, precontractual information, right of withdrawal

Consumer Rights Directive, Chapter 2, Article 5, 1. Consumer Rights Directive, Chapter 3, Article 6, 1. Consumer Rights Directive, Chapter 3, Article 9, 1. Consumer Rights Directive, Chapter 4, Article 18, 1. Consumer Rights Directive, Chapter 4, Article 20

In this article, the author examines whether the transfer of the Directive 2011/83/EU in the greek legislation has improved the acquis communautaire of consumers’ protection and the community cohesion. The author considers that the sum of Directives that constitute the acquis communautaire of consumers’ protection continues to be fragmented. The author also presents the implementation of the consumer rights Directive in the greek legislation by analyzing the Ministerial Decision Z1-891 (who amended the consumer protection law 2251/1994 with the new provisions). More specifically there is a description of the obligation of consumers pre-contractual information, of the right of withdrawal as well as of other rights laid down in the new provisions and reference to other provisions implemented in greek legislation. The author concludes by claiming that in her view the contribution of the Directive 2011/83/ΕU to the improvement of acquis communautaire of consumers’ protection was small. In addition, the author comments that the goal of achieving coherence in consumer protection community law is probably an overestimated value since there is always the danger that coherence at a community level would significantly harm the coherence of the national legislation due to the full harmonization method used. Thus the author claims that for every issue, there should be a weighting of the cost and benefit deriving from the full harmonization. This cost benefit analysis should also take place when adopting directives of minimum harmonization too. Finally the author comments that the method chosen to harmonise national laws through European directives is a significant issue in relation to the allocation of jurisdictions between EU and national legislators and to the way of defining the internal market.

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