Conclusion
We have seen that the French and the UK's regulatory framework
applicable to consumers are very different. More precisely, we have highlighted
that the French traditional legal system does not provide for an efficient
protection of consumers as it is difficultly usable in daily transactions.
Thus, the Ordinance of 2005, albeit providing for another set of rule,
improves consumers' protection and is thus welcome. Conversely, in the UK,
consumers enjoy a great level of protection due mostly to the efficiency of the
system whereby consumers are allowed to reject non-conforming goods. The
transposition of the Directive of 1999 added to this protection on a few issues
but did not shatter the system as a whole.
These differences demonstrate the variety of the existing
regulatory framework applicable in Europe. Such fragmentation of the legal
framework applicable throughout Europe is criticised.
More precisely, we have seen that the Commission is concerned
with the increasing of cross-barriers transactions and the strengthening of
consumer confidence. Noting that a minimum harmonisation Directive cannot
achieve these goals, the Commission launched a Proposal providing for a full
harmonisation Directive. However, this Proposal seems hardly capable of
reaching the objectives it targets. Indeed, the fact that it provides for a
full harmonisation directive is not enough to increase cross-border transaction
and even leads to a decreasing in the level of protection consumers already
enjoy both in France and in the UK. Thus, the Proposal must undergo
modifications before it is likely to be accepted by Member States. In line with
the objectives it has been assigned, the most important change should be its
«envelop» as full harmonisation should be given up. Instead, it seems
that providing for a new set of rules similarly applicable throughout
Europe, a 28th law or at least a full targeted
harmonisation would better achieve the objectives of the Commission.
BIBLIOGRAPHY
I. Law
A. European Union
_Treaty establishing the European Community
_Treaty on the Functioning of the European Union _Directive
85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts
negotiated away from business premises _Directive 93/13/EEC of 5 April 1993 on
unfair terms in consumer contracts _Directive 97/7/EC of 20 May 1997on the
protection of consumers in respect of distance contracts
_Directive 1999/44/EC of the European Parliament and of the
Council of 25 May 1999 on certain aspect of the sale of consumer goods and
associated guarantee _Directive 2002/65/EC of the European Parliament and of
the Council of 23 September 2002 concerning the distance marketing of consumer
financial services _Directive 2005/29/EC of the European Parliament and of the
Council of 11 May 2005 concerning unfair business-to-consumer commercial
practices in the internal market
_Directive 2008/48/EC of the European Parliament and of the
Council of 23 April 2008 on credit agreements for consumers
_Directive 2008/122/EC of the European Parliament and of the
Council of 14 January 2009 on the protection of consumers in respect of certain
aspects of timeshare, longterm holiday product, resale and exchange contracts,
OJ 2009, L 33/10
B. United Kingdom
_ Sale of Goods Act 1893
_ Unfair Contract Terms Act 1977
_ Sale of Goods Act 1979 _Limitation Act 1980
_Sale and Supply of Goods Act 1994
_The Sale and Supply of Goods to Consumers Regulations, 2002,
n° 3045
C. France
_Civil Code
_Consumer Code
_Loi n° 91 -650, 9 July 1991 _Ordonnance n° 2005-136 du
17 Février 2005 relative à la garantie de la conformité du
bien au contrat due par le vendeur au consommateur
_ Loi n° 2008-561 of 17 June 2010
D. Other
_United Nations Convention on Contract for the International Sale
of Goods (1980) (usually referred to as the Vienna Sale Convention)
II. Cases law referred to
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