As of 17 December, consumers can rely on the level of legal protection to which they are accustomed in the Member State of their habitual residence. This means that any disputes involving Czech shoppers who make purchases on foreign websites will be governed by Czech law.
The Rome I Regulation will enter into force on 17 December to replace the Rome Convention, which did not provide sufficient protection to consumers shopping online in other EU countries. “Until now, there would be situations where the consumer contract was governed by the laws of the trader’s state. So, for example, instead of having 14 days to withdraw from the contract without giving any reason, Czech consumers found themselves in a position where they had only a seven-day time limit, which is common, say, in France,” explains Martin Rezek, a lawyer working for the European Consumer Centre Czech Republic at the Czech Trade Inspectorate. Now, any disputes will follow the law applicable in the consumer’s country. However, if certain consumer rights are more advantageous in the vendor’s state, the buyer can also claim those rights.
“In this regard, the language or currency used on the website are not a relevant factor,” explains Martin Rezek. “Czech law will protect Czech consumers even if they buy from an online store where everything is in Spanish and have the goods delivered to their home in Mělník.”
Some consumers have been deterred from cross-border shopping because of the previous precarious situation. Now they should find themselves in a much stronger position, reinforcing their confidence in the EU internal market, which will especially benefit Internet retailers offering goods and services to other EU countries.
The preference for a consumer’s home law is logical and fair. “Whereas consumers make purchases beyond state borders only occasionally, and would have to spend a lot of time and energy reading up on laws in the trader’s country, most retailers involved in cross-border trade can spread the cost of learning about other legislation over many commercial transactions,” says Martin Rezek.
Rome I will apply throughout the European Community, except Denmark. It does not apply to contracts for services provided exclusively in a country other than the consumer’s habitual residence (e.g. an Internet connection at a place of temporary residence in another country), contracts of carriage (car rentals, air travel, travel by train or bus, etc.) or contracts relating to a right in rem attached to real estate or a right to use property.
The European Consumer Centre Czech Republic provides information on consumer rights in the European common market and free help and advice to consumers involved in disputes with traders from other European Union countries, Norway and Iceland. It also mediates the amicable resolution of disputes between consumers and merchants. The Centre’s operations are funded by the European Commission and the Czech Trade Inspectorate. For more information, see www.coi.cz/esc.
The Rome I Regulation will enter into force on 17 December to replace the Rome Convention, which did not provide sufficient protection to consumers shopping online in other EU countries. “Until now, there would be situations where the consumer contract was governed by the laws of the trader’s state. So, for example, instead of having 14 days to withdraw from the contract without giving any reason, Czech consumers found themselves in a position where they had only a seven-day time limit, which is common, say, in France,” explains Martin Rezek, a lawyer working for the European Consumer Centre Czech Republic at the Czech Trade Inspectorate. Now, any disputes will follow the law applicable in the consumer’s country. However, if certain consumer rights are more advantageous in the vendor’s state, the buyer can also claim those rights.
“In this regard, the language or currency used on the website are not a relevant factor,” explains Martin Rezek. “Czech law will protect Czech consumers even if they buy from an online store where everything is in Spanish and have the goods delivered to their home in Mělník.”
Some consumers have been deterred from cross-border shopping because of the previous precarious situation. Now they should find themselves in a much stronger position, reinforcing their confidence in the EU internal market, which will especially benefit Internet retailers offering goods and services to other EU countries.
The preference for a consumer’s home law is logical and fair. “Whereas consumers make purchases beyond state borders only occasionally, and would have to spend a lot of time and energy reading up on laws in the trader’s country, most retailers involved in cross-border trade can spread the cost of learning about other legislation over many commercial transactions,” says Martin Rezek.
Rome I will apply throughout the European Community, except Denmark. It does not apply to contracts for services provided exclusively in a country other than the consumer’s habitual residence (e.g. an Internet connection at a place of temporary residence in another country), contracts of carriage (car rentals, air travel, travel by train or bus, etc.) or contracts relating to a right in rem attached to real estate or a right to use property.
The European Consumer Centre Czech Republic provides information on consumer rights in the European common market and free help and advice to consumers involved in disputes with traders from other European Union countries, Norway and Iceland. It also mediates the amicable resolution of disputes between consumers and merchants. The Centre’s operations are funded by the European Commission and the Czech Trade Inspectorate. For more information, see www.coi.cz/esc.