Directive 2020/1828 - Representative actions for the protection of the collective interests of consumers - Main contents
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official title
Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2020/1828 |
| Original proposal | COM(2018)184  |
| CELEX number i | 32020L1828 |
| Document | 25-11-2020; Date of signature |
|---|---|
| Publication in Official Journal | 04-12-2020; OJ L 409 p. 1-27 |
| Signature | 25-11-2020 |
| Effect | 24-12-2020; Entry into force Date pub. +20 See Art 25 |
| Deadline | 25-06-2023; See Art 22 26-06-2027; See Art 23.2 26-06-2028; See Art 23.1 And 23.3 |
| End of validity | 31-12-9999 |
| Transposition | 25-12-2022; Adoption At the latest See Art 24.1 25-06-2023; Application See Art 24.1 |
4.12.2020 |
EN |
Official Journal of the European Union |
L 409/1 |
DIRECTIVE (EU) 2020/1828 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 November 2020
on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
Globalisation and digitalisation have increased the risk of a large number of consumers being harmed by the same unlawful practice. Infringements of Union law can cause consumer detriment. Without effective means to bring unlawful practices to an end and to obtain redress for consumers, consumer confidence in the internal market is reduced. |
(2) |
The lack of effective means for the enforcement of Union law protecting consumers could also result in the distortion of fair competition between infringing and compliant traders that operate domestically or across borders. Such distortions can hamper the smooth functioning of the internal market. |
(3) |
According to Article 26(2) of the Treaty on the Functioning of the European Union (TFEU), the internal market is to comprise an area without internal frontiers in which the free movement of goods and services is ensured. The internal market should provide consumers with added value in the form of better quality, greater variety, reasonable prices and high safety standards with regard to goods and services, thereby promoting a high level of consumer protection. |
(4) |
Article 169(1) and point (a) of Article 169(2) TFEU provide that the Union is to contribute to the attainment of a high level of consumer protection through measures adopted pursuant to Article 114 TFEU. Article 38 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) provides that Union policies are to ensure a high level of consumer protection. |
(5) |
Directive 2009/22/EC of the European Parliament and of the Council (4) enabled qualified entities to bring representative actions that are primarily aimed at the cessation or prohibition of infringements of Union law that are harmful to the collective interests of consumers. However, that Directive did not sufficiently address the challenges relating to the enforcement of consumer law. To improve the deterrence of unlawful practices and to reduce consumer detriment in an increasingly globalised and digitalised marketplace, it is necessary to strengthen procedural mechanisms for the protection of the collective interests of consumers to cover injunctive measures as well as redress measures. Given the numerous changes required, it is appropriate to repeal Directive 2009/22/EC and replace it with this Directive. |
(6) |
Procedural mechanisms for representative actions, both for injunctive measures and for redress measures, vary across the Union and offer different levels of protection for consumers. In addition, some Member States do not at present have any procedural mechanisms for collective actions for redress measures in place. That situation diminishes consumers’ and businesses’ confidence in the internal market and their ability to operate in the internal market. It distorts competition and hampers the effective enforcement of Union law in the field of consumer protection. |
(7) |
This Directive therefore aims to ensure that at Union... |
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