EU harmonisation of national distance selling legislation : is the consumer adequately protected?

Abstract

The thesis introduces the notion of distance selling, what it entails, who are the parties concerned, what types of goods and services fall in this category, the most common means of distance communications used, etc. It goes on to examine the objectives for which the Distance Selling Directive (hereinafter DSD) was enacted, where its main aim was the achievement of a completely functioning internal market. It discusses the level of protection it aimed at establishing for consumers, and the obligations it imposed on Member States. The focus of the study then shifts to an analysis of the legal issues emanating from the DSD; firstly by looking at the problems arising from the different legislative techniques adopted by Member States in transposing the DSD into their respective national laws; secondly by looking at the numerous case-laws in the area, both at a national level and also at an ECJ level, where loopholes in the DSD will be highlighted. The study subsequently discusses the course of action taken by the Commission to modify the DSD, in a way as to ensure more consumer protection and solve the problems highlighted in the previous Chapter; with the first significant step being the Green Paper on the Review of the Consumer Acquis, followed by the Proposal for a Directive on Consumer Rights (hereinafter pCRD), with the final adopted Directive being published in September 2011, to come into force later on in 2012. 3 The final Chapter will concentrate on the provisions of the Consumer Rights Directive (hereinafter CRD), and discuss whether it will meet the aims for which it was enacted, and whether it solves the problems which became apparent following the DSD. It will further discuss whether the CRD needs to be improved to offer more consumer protection, and examin