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Opinion Number: CDR 2839/2018
Rapporteur: AZZOPARDI Samuel
Commission: NAT
Status: Adopted
Date: 10/10/2018
 
Collective redress mechanisms to be extended to other cases of mass harm, including cases of mass environmental damage, harm done to common goods, and in respect of health and safety regulations or violations of employment rights;
The lack of financial capacity should not hinder Consumer organisations from being designated as qualified entities;
Minimum fine to be increased to 8% of the average turnover generated by the trader in the preceding three financial years in the Member State or Member States;
Right of withdrawal is an important consumer right that should not be weakened in the absence of any conclusive evidence of misuse.
While the CoR opinion argued that the right of withdrawal is an important consumer right that should not be weakened, the EP recommends Member States to adopt rules under which the 14-day withdrawal period shall be extended to 30 days (for contracts concluded in the context of unsolicited visits by a trader to a consumer's home or excursions organised by a trader with the purpose or effect of promoting or selling products to consumers).
As the Parliament, the CoR was in favor of introducing more transparency for consumers in online marketplaces.
THE EUROPEAN COMMITTEE OF THE REGIONS



- welcomes the publication of a long-awaited proposal to set a minimum EU-wide framework for collective redress scheme mechanisms across the Member States, which could bring a real opportunity to consumers to obtain redress in the case of mass damage and should fill in the existing gap in the enforcement of EU consumer rights; the proposal, however, is considered as a first step in the right direction, as it contains a number of shortcomings;

- recommends that collective redress mechanisms be extended to other cases of mass harm, including cases of mass environmental damage, harm done to common goods, and in respect of health and safety regulations or violations of employment rights, to bring about easier access to justice for all citizens;

- therefore calls on the European Commission to explore ways of extending relief to these sectors and to expand the scope of the proposal for collective redress to cover all forms of harm occasioned by violations of fundamental rights, as granted under EU law;

- draws attention to the fact that consumer organisations which can be designated as qualified entities may have limited financial capacities. Consumer organisations in smaller Member States are particularly concerned. The lack of financial capacity should not hinder organisations from being designated as qualified entities;

- strongly supports the update and better enforcement of EU consumer rules;

- considers the right of withdrawal as being an important consumer right that should not be weakened in the absence of any conclusive evidence of misuse;

- regrets that the rules on the liability of online marketplaces are missing in the proposal.
Del:
 
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