Consumer Protection - The Evolution Of Romanian National Law And European Regulations, Thesis of Law

Download Consumer Protection - The Evolution Of Romanian National Law And European Regulations and more Thesis Law in PDF only on Docsity! CONTENT INTRODUCTION CHAPTER I THE CONCEPT REGARDING CONSUMER PROTECTION 1.1. Definitions 1.2. The concept of consumer protection 1.3. The role and place of consumer protection in the market economy CHAPTER IIILEGAL FRAMEWORK REGARDING CONSUMER PROTECTION IN ROMANIA 2.1 Legislative framework 2.2 . The institutional framework 2.2.1 . State institutions 2.2.2 . Joint consultative bodies 2.2.3 . Associations for consumer protection 2.3 . Consumer Protection regarding Electronic Commerce 2.3.1 . Aspects of consumer protection regarding distance selling 2.3.3 . Problems raised by electronic commerce 2.3.4 . The rights of consumers who shop online CHAPTER IIILEGAL FRAMEWORK REGARDING CONSUMER PROTECTION WITHIN THE EUROPEAN UNION 3.1. Socio-legal guidelines regarding consumer protection - citizens of the European Union 3.2. Prejudicial dispute resolution system in some countries From the European Union 3.3 . General Directorate XXIV (DG XXIV): The new voice of consumers . CHAPTER IV - JURISPRUDENCE - ABUSIVE CLAUSES - CONSUMER PROTECTION ConCluSIonS BIBLIOGRAPHY INTRODUCTION 1 In Romania, we can talk about consumer protection after 1990, when the establishment of a national consumer protection system became possible and necessary, but also mandatory in the perspective of our country's accession to the European Union. As a result, consumer rights have been recognized as a component part of state policy, and with this a series of governmental and non-governmental bodies have appeared whose object of activity is to supervise the way in which consumer protection regulations are respected by to economic agents. The organization of consumer protection is seen as a complex process in which both the public power, the state, and the consumers themselves are involved. The involvement of the state consisted in the drafting of the legislation necessary to ensure consumer protection, but also in the organization of specialized institutions, and as far as consumers are concerned, it is about facilitating and implementing their own protection systems. In this way, the legislative and institutional framework for consumer protection was created, as well as the necessary conditions for the partnership between the public institutions that implement and supervise the entire set of problems regarding consumer protection and the consumers' own organizations. CHAPTER I. 2 - Confidentiality - the obligation of the personnel within the competent authorities to preserve the confidentiality of data, documents, information of any nature, the disclosure of which may cause damage to natural or legal persons, who are or may be mentioned in this information; - Mutual recognition - any legal product manufactured or marketed in a member state of the European Union or in Turkey or legally manufactured in another state belonging to the European Economic Area is admitted to the territory of Romania, if it offers an equivalent degree of protection to the imposed by the Romanian rules. 1.2 Types of consumers An important aspect of the consumer concept is that the consumer status applies to each of us and as such the group of consumers is by nature heterogeneous. 8Reactions, behavior, interests and priorities are not necessarily the same for everyone. The practical needs regarding the knowledge of consumers require a differentiated treatment of different types of consumers in order to establish, with more clarity, a policy for the protection of their interests. A first type of consumer is the individual consumer who has his needs, wants and preferences. It must be seen not only as a biological being, but especially through the prism of its aspirations. This type of consumer is an end user representing the most important audience in the market. Another type of consumer is the collective consumer if we consider the fact that any individual consumer is part of a certain household or family. This consumer is characterized by specific needs and requirements and by a special, well-defined behavior, which is not always the sum of the behaviors of the individuals that form a collective. The purchases made are determined by the needs and wishes of the whole family. A third type of consumer, also belonging to non-productive consumption, is represented by organizations, units and institutions that purchase goods and services for their own needs. The purchase decision, in the case of this type of consumer, is taken by specially designated persons or organizational structures. An important role in the general strategy regarding a consumer protection policy belongs to their information, because a judicious choice cannot be made in the absence of 8 Zamfir, L , Practical consumer protection manual, Ed. Niva World Galaxy Trading., 2005, p.134. 5 correct information. But not all consumers really attach importance to this aspect. As a result, certain profiles can be outlined for various types of consumers:9 - The fully informed consumer, who competently processes existing information and thus can make the optimal decision in choosing products; - The consumer who seeks information, who reads labels, guides, studies contracts, etc. Taking the purchase decision as a consequence of the findings; - The passive consumer who looks briefly at the various advertisements that request him, basing his decision on the simple impression they left on him; - The consumer who buys what he finds without responding to an immediate need, taking advantage of some special offers, not being sure if this chance will repeat itself; - The irrational consumer who makes purchase decisions based on the impulse of the moment, not thinking of making a shopping list; - The consumer who does not choose, in this case the main reason in the act of consumption is necessity, a situation mainly determined by the extremely low level of resources available for consumption. Taking into account how consumers react when faced with specific problems, the following types of consumers are identified: - The active consumer, who knows his rights, suing, when they are wronged, the company that caused him problems; - The consumer who makes complaints, submitting them to the authorities and waiting for them to do him justice; - The passive consumer, who looks at the economic agent as a master, waiting for him to solve his problem through a gesture of goodwill. The passive consumer is characteristic of countries whose economy is in transition. In most cases he does not make complaints. The reasons are numerous, but the most common are the following:10 · fear of being drawn into a dispute or of being treated with hostility; · the belief that they have nothing to expect from a product they bought at a reduced price; · the feeling of futility, nothing can change, there is nothing to do; · the benefit would be too small compared to the effort made to resolve the complaint; · the fear of being accused that they are actually to blame for the product failure, that they are incompetent, careless, etc.; 9 Zamfir, Ion . Practical manual for consumer protection , Ed. NVA World Galaxy Trading, 2005, p.176. 10 Apan Rodica Diana , Milestones in the definition of the notion of "consumer ", in the magazine Pandectele române - Supplement dated March 31, 2008.p.78. 6 · the feeling of awkwardness I feel towards the neighborhood seller, where I frequently do my shopping. Two other important types of consumers are women and young people. Women are the ones who make the vast majority of purchases for the house, children and men, and they are also the ones who observe the bills for energy, gas and other utilities. Women can take a critical look at the products and services offered. Young people are the most vulnerable category of consumers because they are easily deceived and inclined towards irrational decisions, based only on momentary excitement, on emotions, often following formulas dictated by fashion. Consumers adopt very different behavioral styles in everyday business transactions. They are driven by habits acquired over time, showing, for example, loyalty to a brand. Sometimes they behave rationally, other times they respond emotionally to the attraction exerted by advertising. Sometimes I make decisions based only on the price, other times it is the quality that comes first in choosing the product. Some are passive victims of aggressive advertising, others are attentive buyers. Considering this diversity of types of consumers, the only chance for mobilizing them in activities aimed at protecting their interests is the one that takes into account the real particularities of the representative consumers in the addressed field. 1.3 The need for consumer protection In the conditions of the spectacular increase in the supply of goods and faced with an exacerbation of competition, producers were forced to objectify the fact that their remaining in the competition depends on the number of consumers attracted, thus explicitly recognizing the sovereignty of the consumer on the product market . As a result, currently manufacturers are concerned with satisfying the expressed and specified requirements as fully as possible, with the aim that their products come as close as possible, if it is even possible to fully satisfy the consumer's expectations. There are numerous reasons that argue for the need to protect consumers' interests, but the most important are the following:11 - Regardless of the economic, legislative or any other context, there is an obvious disproportion of power between a consumer, especially as a natural person, and the economic organizations with which he could end up in an economic, informational, legal and interest representation plan. - a conflict of interest, namely: 11 Neagu Vasile, Victoria Ștefănescu, Nicolae Teodorescu , Consumers - dimensions and meanings , in Modern Commerce, no. 3/1987, p. 98. 7 Through the introduction of the Single Act, of the creation of European citizenship by art. 8 of the Maastricht Treaty and through the future introduction of the EURO single currency in the member states, international trade and the purchase of products from outside the country's borders will increase. Such activities are already taking place in many areas, especially when consumers travel abroad. International marketing has grown in recent years, for example in financial services - sometimes appearing the so-called "perverse effects" manifested by numerous litigations that reached the European Court of Justice of the Member States (Member States of the European Court of Justice - ECJ) . One of the most important obstacles to international trade consists of socio-legal differences that still exist between the member countries of the European Union. The competent institutions, from the European Commission, tried to overcome these obstacles by developing directives on consumer protection. In the field of legislative conflicts, the Rome Convention, from 1980, adopted by all EU member countries as an international legislative framework, establishes the basic rules, starting with the freedom of choice (Article 3 of the Rome Convention, 1980), ensuring objective rules and in the absence of choice (Article 4), guaranteeing the so-called protection of the passive consumer and at the same time the protection of the existing legislative framework in the consumer's country of origin (Article 5). An important emphasis is placed on the influence of the rules established by the European Community in the case of conflicts of interest, for example in the case of banking services regarding which the Commission elaborated a very long communication on July 10, 1997 (OJC 209/6). However, some conflicts regarding contractual relations, for example consumer credit, have not yet been overcome. The Hague Convention of 1973 is applied only among some of the member countries, but not in all. Legislation and application of the law in cases of civil and commercial law is provided for in the Brussels Convention of 1968, with subsequent amendments. The Convention also contained rules regarding consumer protection in Articles 13, 14 and 15. The Protocols annexed to the Convention give the opportunity to the national Courts of Appeal to address questions to the European Court of Justice regarding the interpretation problems that arise.15 The European Court of Justice tried to carry out an autonomous interpretation of the legal norms of the Brussels Convention, including the notion of "consumer", and applied the general principles of Community law, in particular the rule of ethnic non-discrimination (Article 6). 15 Ungureanu, Carmen-Tamara, Private international law. Consumer protection and liability for harmful products , Ed. All Beck, Bucharest, 1999, p.276. 10 The directives established by the European Union contain minimum rules for protecting the "weaker party" in certain areas of commercial transactions with promises to expand the legislative process of the Community. The weak point of these directives is The absence of a direct relationship between the parties, respectively between the consumer and the supplier. The actual implementation of the protection rules depends on the member countries and differs from one state to another. Certain rules provided by the directives, such as Article 6 paragraph 2 of Directive 93/13 regarding unfair contract terms or Article 12 paragraph 2 regarding distance sales of Directive 97/7 contradict the Rome Convention and have have been implemented differently in the Member States. The European Commission is particularly concerned with the access of the "European citizen" to the law, and as such has developed a "Green Paper" (COM (93) 576) and an Action Plan (COM (96) 19) which has been popularized by the Group European Legislature ( ECLG), which improved the resolution of complaints received at the newly established so- called "Euro-counters". The status of these counters is still unclear, they can only inform and advise consumers and not actually resolve the complaints submitted.16 In addition to this idea, a socio-legislative study led by Professor Gessner from the University of Bremen and a team of researchers from the European Commission showed that the existing mechanisms in the issue of external complaints and litigation are insufficient and unsatisfactory from the Market's point of view Internal and consumer protection. The most acute problem is the insufficiency of the enforcement procedure with extraneous elements (exequatur procedure) established by the Brussels Convention which, in terms of consumer protection, could have positive effects, but only for a value greater than 2000 ECU. Complaints registered under this amount do not fall under the scope of Brussels complaints, which has special implications in the consumer's daily life, contradicting Article 6 (1) of the European Convention on Human Rights, to which the EU is indirectly linked through Article 7 (2) of the Maastricht Treaty. On the other hand, traders have the opportunity, thanks to the internationalization of the legislative framework, intensively promoted by the European Commission, to defend their interests in any European Court of Justice, to the extent of serving their own interest as best as possible, an aspect legislated by the Brussels Convention. From this point of view, there is a deep asymmetry between the issues related to consumer protection at the European level, the objectives of the internal market and the Union's consumer policy. A study by the European Commission presents a series of extremely complex legislative aspects such as the Convention, Directives, European or national Litigation. The 16 Rusu Ioana Eleonora, Gilbert Gornig , European Union Law , Ed. CH Beck, Bucharest, 2009, p.178. 11 study aims at the functioning of the current system from the perspective of the consumer, a consumer who takes seriously the rights and freedoms of the Maastricht Treaty. The study presents the position of the consumer from five different angles and describes the applicable legislation and the conflicting rules, in short, insisting in particular on the existing deficiencies as we have shown in the socio-legislative research above. Differentiations will be made between:17 - the "passive consumer" who is the consumer who has been involved in a contract through marketing activities or any other form of solicitation, in the country where he has his domicile or residence. Article 13 paragraph 1, number 3 of the Brussels Convention and Article 5 paragraphs 1 and 2 of the Rome Convention incompletely describe the notion of "passive consumer"; - the "active consumer" is the citizen who acts in an extra-professional setting by making purchases or benefiting from services within the European Union; - In the context of the Brussels Convention, a distinction must be made between the consumer as a complained-about (regardless of whether he was "active" or "passive"), and as a claimant. The legislation will be applied depending on the role of the consumer in the given situation; - Finally, the convoluted cases, especially in relation to the susceptible products partially referred to in Directive 85/374, have certain specificities and require a Special treatment. Protection of the "passive consumer" (claimed) - Both the Brussels Convention and the Rome Convention pay special attention to the protection of the "passive consumer" in a double role: "passive" vis-à-vis the commercial activities of the supplier and " passive" vis-à- vis the procedural role in which it will be placed in a possible litigation. In these cases, the consumer can be sued only before the Court of Justice of the country in which he is domiciled. Regarding the legislation, in the absence of choice, the laws of the state where the concerned consumer has his residence will apply, if the supplier (offer) chooses the legislation that will be applied, the consumer cannot be deprived of the protection offered to him by the legal norms of the country in which he resides. Article 7 (2) defines the so-called "lois de police" a concept that is the subject of a realist doctrine debated in the Member States but still unclear. 17 Zamfir, L , Practical consumer protection manual, Ed. Niva World Galaxy Trading., 2005, p.176. 12 The reference, in certain articles, to "freedom of choice" (even though there is neither "freedom" nor "choice" for the consumer) leads to a complicated and even impractical classification of laws, which is not very helpful in advising consumer associations , of lawyers and even of competent courts of justice. With regard to the rules and legal norms applicable in the field of consumer protection, the courts in the countries where the consumer is domiciled must balance all the legal provisions adopted in this sense by the union, but in practice the laws of the respective country are usually applied to consumer protection, and this should be generalized in areas where European Community legislation has established certain standards. The "active consumer" (complainant). - In principle, the "active consumer" as a claimant does not enjoy the protection of the Brussels and Rome Conventions like the "passive consumer". Everything depends on the choice of the commercial agent to sue the consumer in his country, according to Article 2 (except in cases of installment purchases) or in the state where the contract took place, which is usually the work area of the supplier of goods and/or services (in this case the claimant) according to Article 5, paragraph 1 of the Burxelles Convention. With regard to the conflicting legal norms, which I mentioned before, either the law of the area where the claimant supplier operates, or the clause of the choice of legal norms, or, finally, the principle of the closest connection, will be applied. In practice, the application of conflicting legal norms is very complicated for the commercial agent, who does not attach great importance to the legal framework. Usually the commercial agent asks the consumer to pay before performing the service or handing over the good, widely using modern payment instruments, such as credit and debit cards, payments through the Internet and others. In certain cases, larger transactions, important sums of money are circulated - this is the case of contracts made in the field of tourism, spending free time in organized trips abroad. In these cases, the commercial agent will sue the consumer (the one who benefits from these trips) in the country where he is domiciled. He can benefit from the services of international law firms. By this he manages to avoid the long and burdensome enforcement procedure as a character of foreignness established by the Brussels Convention, a procedure that should have been followed if the said consumer had the status of "complainant".21 Recent cases have shown that there is a "nebula" regarding the concept of "active consumer". The consumer is "active" as long as he leaves his country of residence for a 21 Goanta Cătălina , Order at the request of third parties in EU competition law , in the Romanian Journal of European Law with number 3 of June 30, 2011, p.65. 15 holiday abroad, but he is "passive" if he has requested in the contract a certain resort to spend the holiday. An interesting example would be the "Gran Canaria" and "Isle of Man" cases where consumers and commercial agents met in court (German Court of Justice). In the "Gran Canaria" case, the German consumers entered into a contract in Spain with the representatives of a Spanish company which had close ties to a German company, against which the claims regarding the contract of sale (written in German) were issued, in the process which followed, the Spanish legislation was chosen to be applied, but at that time Spain had not yet implemented Directive 85/577, a directive that directly concerned the subject of the present process, while in Germany this directive already existed. The German company, in the same time sued German consumers before the Court of Justice in Germany. The consumers invoked the right of withdrawal offered by the European Community. This right was denied to them because they had already chosen to have Spanish law applied. Article 5 of the Rome Convention could not be applied if interpreted literally. It is doubtful whether this article could have been applied by analogy or whether Article 7 paragraph 2, which refers to consumer protection, could have been invoked in such situations. The direct effects of the directives are not possible according to Community legislation, according to the Faccini-Dori trial of July 14, 2002 (case 91/92) before the European Court of Justice. The German Court of Appeal has given different and sometimes contradictory solutions in consumer protection cases, but no clear solution, a decision has not yet been taken by the European Federal Court, due to the relatively small amounts involved in this litigation. This shows the importance of a single procedure at the level of appeal courts in the European Union with the same interpretation of questions and answers related to the Treaty of Rome. The "active consumer" (complainant). - The "active consumer" is the leitmotif of all consumer programs, internal market programs, European Court of Justice cases and many European Community directives, in reality, he is the "stepchild" of the external disputes of the European Union with rare exceptions, the "active consumer" is outside any protection rules of the Rome or Brussels Conventions. 22He must sue the commercial agent before the court of appeal in the country where he conducts his business. In very few cases the commercial agent can be tried in the state where the company has a certain branch or subsidiary (other than the one in which it has its headquarters) according to article 5, paragraph 5 of the Brussels Convention. 22 Rusu Ioana Eleonora, Gilbert Gornig , European Union Law , Ed. CH Beck, Bucharest, 2009.p.156. 16 The consumer faces very high risks in these cases. European law firms usually do not accept to deal with these cases. In fact, the consumer in this hopeless situation has no chance without some considerable sums of money that would allow him access to some international law firms to present his case before the courts where the commercial agent operates. Even worse, the consumer faces the arbitration or choice of law clause which, in this case, is not at all restrictive. Recent cases have shown that commercial agents prefer arbitration or legislation that is favorable to them. Freedom of choice never works in favor of the consumer. It would be time to reconsider these contradictory general legal principles. If, finally, the consumer managed to find a lawyer to present his case before the court in the country where the commercial agent operates, he will be subject to the procedural rules of the competent court. If there is discrimination against foreigners, Article 6 of the European Union Treaty will have to be invoked to provide the necessary protection. However, it is still not clear whether Article 6 can be applied in favor of the consumer. Even more important than that is the applicability of the principle of non-discrimination in matters of legal aid. Legal aid can be restrictive to residents and inaccessible to non-residents. This restriction should be reconsidered if the consumer is forced to present his case before a foreign court. Being prevented from accessing legal advice, he is practically deprived of any legal protection, which contradicts Article 6/8 of the Union Treaty. The choice of legal framework means that, in theory, the protection offered by the directives can be circumvented. This contradicts the principle of minimum protection stipulated by the legislation of the European Community and provided by some of the clauses, in particular with the choice of the legal framework of the third country - according to Article 6, paragraph 2 of Directive 93/13 and Article 12(2) of Directive 97/7. As long as Union Directives do not have the same effect in all Member States, the situation cannot be remedied by Community legislation. It remains at the discretion of the national courts of justice to interpret the laws as they wish, but in such a way as to ensure the right to the minimum protection according to the Community Directives. Regarding what was said in this chapter, the European Court of Justice decided to amend the Brussels Convention, at the proposal of the European Commission. The next convention in Brussels will include some of the proposals mentioned before. 17 The foundation asked the Dutch Institute for Consumer Research to prepare a study on the role of these arbitration commissions in Dutch society. 2.3 General Directorate XXIV (DG XXIV): The new voice of consumers The European Union protects the rights of European consumers in four areas: health and safety, economic interests, comparative information and the right to compensation. DG XXIV's mission is to defend the interests of consumers by developing a European Union consumer policy that ensures market transparency and improves the security of products and services in the Single Market. The Single Market brings many benefits to European consumers, especially in terms of offering a greater choice of products as well as the lowest prices for products and services. It is also very important that all consumers have confidence in the quality standards for products sold across the borders of the European Union. DG XXIV increases consumer confidence by providing complete and effective information and by developing dialogue and consultation between the Commissions and the organizations that represent them. Currently, DG XXIV also deals with health protection. In a new move to increase consumer confidence, the Commission has reorganized DG XXIV so that it is now responsible for consumer policy and health protection, which has resulted in a clear distinction between the services responsible for drafting legislation in the field (Directorates-General for Agriculture and Industry) and DG XXIV, now responsible for controlling the application of legislation. Moreover, this will ensure better information on the decisions taken and on the results of the controls. A new Directorate for Scientific Opinion on Health has been created in DG XXIV and the Office for Food and Phytosanitary Affairs has been transformed into the Office for Food and Veterinary Affairs, based in Ireland, in addition there will be a service for the evaluation of risks, responsible for public health risk assessment and food monitoring. A special group of Commissioners that stores information about consumer health protection issues. Also, a database accessible to the public will contain information about these subjects. As a result of the reorganization of Directorate-General XXIV, high-quality professional advice on topics of consumer concern will be provided for the Commission by new scientific committees. Also, there will be a reorganization of the subcommittees for food 20 protection. The activity of the 21 member committees will be coordinated by the Scientific Guidance Committee. They will have the following areas of competence:24 - Food: consumer health and food safety, particularly issues related to toxicity, hygiene, the entire food production chain and nutrition; - Animal nutrition: its effects on the quality of the products, in particular the problems related to biotechnologies; - Animal health: hygiene, diseases and therapies, including problems related to the origin of animals and their breeding; - Animal welfare: protection of animals, especially domestic animals, management of herds, transport, slaughtering and experiments on animals; - Veterinary aspects: toxicology, sanitary and veterinary hygiene measures applicable to the production, processing and procurement of food of animal origin; • Plants: scientific and technical issues related to plants intended for human and animal consumption and the production of non-food products; • Toxicity of non-food products: for example, cosmetics and packaging that can have an effect on human health; • Environment: the dispersion of products and their impact on ecosystems that may constitute a risk for the health of consumers, as well as problems related to biotechnologies; THE CHAPTER III. 24 Stanciu, C. (coordinator), State institutions and consumer organizations. Consumer protection manual. Bucharest: Ed. Oscar Print, 2004.p.154. 21 THE LEGAL FRAMEWORK REGARDING CONSUMER PROTECTION IN ROMANIA 3.1. General legislative framework Based on UN General Assembly Resolution no. 39/248 of 1985, which approved the Guiding Principles for consumer protection, and taking into account the concept and regulations regarding consumer protection in the European internal market, the Romanian public power strove to ensure the appropriate legislative framework for a market economy and necessary for consumer protection Romanian. The year 1992 is an important landmark in the institutionalization of consumer rights in Romania due to the adoption of OG no. 21/1992 on consumer protection, which represents the basic act in this field.25 In accordance with the provisions of this normative act, which was amended by OG no. 58/2000 approved and amended by Law no. 37/2002 and republished in 2007 and updated in 2008 (including the amendments from Law no. 363/2007 and GEO no. 174/2008), consumer protection in Romania mainly involves the following:26 • ensuring unrestricted access to products and services; • informing consumers about the essential characteristics of products and services; • ensuring and defending the rights and legitimate interests of natural persons against abusive practices; • consumer participation in the substantiation and decision-making that interests them as a consumer. In order to ensure a correct application, in the ordinance, a series of basic concepts are defined with which to operate in the field of consumer protection, respectively: consumer, producer, distributor, seller, provider, product, safe product, dangerous product, service, quality , declaration of conformity, abusive clause, abusive commercial practices, warranty period, validity period, average duration of use, minimum durability date, hidden defect. In relation to the term safe product, it is very important to specify that the evaluation of the product's security is done in accordance with the minimum security requirements provided in the specific normative acts, and in their absence, the general security requirements contained in the Romanian standards are taken into account, European or international. 25 Stefan Mihaila, Aida Diana Dumitrescu , Romanian commercial law , Ed. CH Beck, 2013, p. 156. 26 Didea, Ionel . Consumer rights , Ed. Universul Juridic, Bucharest, 2010, p.163. 22 • to ensure the necessary service and spare parts throughout the average duration of product use, established by the normative technical documents or declared by the manufacturer or agreed by the parties; • not to increase the initially established price except with the consent of the consumer; • to measure the products and services offered to consumers with appropriate measuring and control means, metrologically verified, according to the regulations in force; • to ensure the free remediation or replacement of products and services, as well as compensation for losses suffered as a result of deficiencies found within the warranty or validity period or that occurred as a result of hidden defects that appeared during the average period of use of to them; • to remedy the deficiencies that appeared within the warranty period for consumer products, including those of long-term use, and which are not attributable to consumers, this being done within the maximum period established by the public administration body empowered to fulfill the policy of protection of consumers, and for the other products within the term established by the contract. In the case of hidden defects, the maximum deadline for remedying the deficiencies runs from the date of completion of the technical expertise carried out by a neutral technical body. C) Regarding consumer information and education • to inform consumers about the products offered through their identification and characterization elements, which are visible, as the case may be, on the product, label, sales packaging or in the technical book, instructions for use or others similar, which accompany the product, in depending on its nature; • the manufacturer to inform the consumer about the name of the product, the name and/or brand of the manufacturer, the address of the manufacturer, the quantity and, as the case may be, the warranty period, validity or minimum durability date, the main technical and qualitative characteristics, the composition, about any foreseeable risks, the method of use, handling, storage and about contraindications; • to market the long-term products accompanied by the "warranty certificate" and, as the case may be, the "declaration of conformity", the "technical book" or the "instructions for use", installation, operation, maintenance, developed by the manufacturer; • inform consumers about the price of the product and provide them with all the information and technical documents that must accompany the product; • the information must be written in Romanian, regardless of the country of origin of the product, without excluding their presentation in other foreign languages; 25 • service providers must inform consumers about the quality category of the service, the time of completion, the guarantee period, the tariff, the foreseeable risks and, as the case may be, the declaration of conformity; • to demonstrate to consumers, at their request, at the time of purchase, how to use and the functionality of the products to be sold; • to present through advertising - in brochures, catalogs, mass media and other means - statements and indications that are in line with the parameters that characterize the products and services and that can be tested; • display prices and tariffs visibly and in an unequivocal, easy-to-read form; • to market or provide services in authorized places and spaces, visibly displaying the name of the unit and its authorization number as well as the operating schedule; • to measure the products delivered in bulk with appropriate legal measuring devices, in the presence of the consumer, and the indications of the measuring devices should be easy to read and in his sight. D) Legal protection • economic agents are responsible for any deficiency regarding the quality of the products or services, arising within their warranty or validity period, and which is not attributable to the consumer; • economic agents are responsible for any hidden defects found during the average period of use, which do not allow the consumer to use the product or service according to the purpose for which it was marketed and purchased, or which may affect the life, health or safety of the consumer. The liability is maintained even if the delivery of the products or the rendering of the services is done free of charge or at a reduced price, or if they are sold as spare parts, rented or distributed in other forms. OG no. 21/1992 28also includes provisions regarding the activity of various public administration bodies, associations and advisory councils for consumer protection, as well as regarding the sanctioning of violations of the provisions of this normative act. OG no. 21/1992, with the subsequent amendments and additions, does not manage to cover the entire sphere of the particularly complex issue raised by consumer protection, a fact for which a series of adjacent normative acts were developed which through their regulations come to complete the legislative framework in the field. These normative acts are found in general legislation, European regulations, food products, non-food products and services. 28Updated on 27/12/2008. by GEO no. 174/2008 published in MOF no. 795 of 27/11/2008. 26 In order to create the legal instruments necessary to protect the rights and interests of consumers, the National Authority for Consumer Protection was concerned with the development of the legislative framework in the field of consumer protection, based on the European directives in the field. In the negotiation process with a view to joining the EU, as a result of several national programs to align the Romanian legislation with the European one, it was possible for it to cover the entire community acquis in the field of consumer protection. 3.2. The institutional framework 3.2.1. State institutions Another important aspect in the consumer protection process is the provision of the institutional and organizational framework, which consists of state institutions, mixed advisory bodies and consumer associations. As a body of the central public administration, the National Authority for Consumer Protection (ANPC), is the main institution that ensures consumer protection in Romania. ANPC coordinates and implements the Government's strategy and policy in the field of consumer protection, acting to prevent and combat practices that harm the life, health, security and interests of consumers and evaluates the effects on the market of the surveillance systems of products and services intended for consumers. The National Authority for Consumer Protection is a specialized body of the central public administration, with legal personality, subordinate to the Government and having certain public objectives and attributions.29 The main objectives of the authority are:30 • harmonizing the direct protection of the state with that offered by the forms of and associative protection for the defense of consumer rights; • stimulating the individual and associative self-protection capacity of consumers, so that it becomes the main way of protection; • streamlining the state's activity in terms of direct and indirect consumer protection through market research, informing and educating consumers and strengthening decision- making capacity ; : 29 Stefan Mihaila, Aida Diana Dumitrescu , Romanian commercial law , Ed. CH Beck, 2013, p. 145. 30 Didea, Ionel . Consumer rights , Ed. Universul Juridic, Bucharest, 2010, p.128. 27 • permanently informs consumers about products and services that present risks for their health and safety or that may affect their economic interests; • conducts or finances studies, comparative tests and research in the field regarding the quality of products and services intended for consumers, which it brings to the attention of the public; • establishes collaborative relationships with research institutes, expertise and certification laboratories, including from abroad, for conducting studies, research and comparative tests; • supports consumer associations in order to achieve the objectives stipulated by the law; • supports consumer associations in setting up and operating consumer consultation, information and education centers. Authorization and expertise duties - According to the provisions of Government Emergency Ordinance no. 190/2000 regarding the regime of precious metals, their alloys and precious stones in Romania, republished, with subsequent amendments and additions, ANPC has the following attributions:32 • authorizes operations with precious metals and precious stones; • establishes and approves the brands used by domestic producers, importers or, as the case may be, traders, based on their own tariffs, as well as their own certification mark; • carries out expertise of precious metals and precious stones. Other responsibilities of ANPC:33 • carries out training activities for specialists in the field of consumer protection; • provides specialized consultancy in the field of consumer protection for economic operators; • supports the establishment of mediation bodies in the field of consumer protection; • establishes and collects fees and tariffs for the performance of analyses, tests, expertise, laboratory certifications, authorizations, consultancy, training courses, specialization or improvement, other services provided under the law; • substantiates and proposes in the draft budget the financial resources for the realization of the policies in its field of competence; • ensures the application of the Kimberley Process Attestation Program (regarding the international trade in rough diamonds), as a designated authority; 32 Piperea Gheorghe , Commercial law. The enterprise in the regulation of the New Civil Code , Ed. CH Beck 2012, p.231. 33 Toma, Andrei , Consumer protection , Ed. Cetatea de Caun, Târgoviște, 2009, p.167. 30 • provides specialized consultancy and support for the creation of codes of conduct, at the request of economic operators; • establish the appropriate legal procedures for the termination of unfair commercial practices; • communicates to the European Commission the legislative measures adopted in the areas governed by the transposed Community directives, according to its areas of responsibility. By the nature of its attributions and competences, ANPC achieves both direct and indirect protection. Direct protection is achieved by carrying out checks at economic agents, as follows:34 - Unannounced controls, regarding the quality of products and services and their marketing method; - Thematic control actions, carried out on groups of products or services, with the aim of radiography, at a given moment, of quality compliance with specific norms and regulations; - Controls in customs units with the role of preventing the dispersion of dangerous products in the territory; - Controls to verify consumer notices and complaints, for the timely resolution of issues related to the violation of consumer rights - the most eloquent expression of the form of direct consumer protection. Indirect protection is achieved by carrying out systematic campaigns to inform, advise and educate consumers, to improve the legislative framework and to support consumer associations. ANPC subordinates 12 regional commissioners for consumer protection, as entities with legal personality, whose organizational structure includes the county commissioners for consumer protection, the Commissioner for Consumer Protection of the Municipality of Bucharest, as entities without legal personality, and the National Center for Testing and Expertise of Products "Larex" Bucharest. The National Center for Product Testing and Expertise - "LAREX" (CNIEP), an institution that has the quality of a neutral testing and certification body, being accredited by the Romanian Accreditation Association (RENAR). In the CNIEP LAREX laboratories, tests are carried out: physico-chemical, microbiological and physico-mechanical in order to establish the conformity of the products, 34 Zamfir, L , Practical consumer protection manual, Ed. Niva World Galaxy Trading., 2005, p.178. 31 and the issued documents are: the test report, the expert report, the sample conformity certificate, the batch conformity certificate and the certificate of type conformity. Based on the results contained in these documents, certificates of conformity and the right to use the test mark "LAREX" can be granted on the tested products. The "LAREX" trademark is registered at the State Office for Inventions and Trademarks, as well as at the World Intellectual Property Organization in Geneva. Also, within CNIEP LAREX, a third-party product certification body, LAREX, operates CERT. Together with the certificate of conformity, it grants the license to use the registered trademark "LAREX CERT".35 CNIEP LAREX is headquartered in Bucharest and is represented in eight important cities in the country: Arad, Baia Mare, Constanța, Galati, Oradea, Satu-Mare, Sibiu and Iasi, offering testing, expertise and certification services to international standards for all product categories. In the exercise of its duties, ANPC collaborates with ministries and other specialized public administration bodies that have consumer protection duties in strictly defined areas, namely: the Romanian Bureau of Legal Metrology, the Financial Guard, the General Directorate of Customs, the General Police Inspectorate ; Department of Trade and Tourism Regulations, Directorate of Preventive Medicine, Pharmaceutical Directorate and Institute for State Control of Medicines and Pharmaceutical Research, General Sanitary-Veterinary Directorate, Directorate for chemicalization, plant protection and phyto-sanitary quarantine, State Inspection for the quality of seeds and planting material, the Regulatory, Monitoring and Inspection Departments within the Ministry of the Environment, the State Inspectorate for Construction, Public Works, Urban Planning and Spatial Planning, the Romanian Car Registry and the county councils and town halls. The role of these bodies is to protect consumers in strictly defined areas, the limits of competence being granted by their own founding laws. The National Authority for Consumer Protection supports and carries out activities at the level of the European Union, as follows:36 • Together with the European Commission, ANPC co-finances the European Consumer Center Romania ( ECCRomania). ECCRomania joined the Network of European Consumer Centers ( ECC-Net), from January 1, 2008, to support EU citizens in the field of cross-border purchases. The Network of European Consumer Centers is a network established at EU level with the aim of 35 Haraga Cristian, Badoiu Catalin, Cucu Cristina , Dictionary of commercial law , Ed. CH Beck 2011, p.161. 36 Stefan Mihaila, Aida Diana Dumitrescu , Romanian commercial law , Ed. CH Beck, 2013, p. 134. 32 opinions regarding market surveillance, product safety, abusive clauses and establishing and the application of the consumer protection policy. They are independent and non-profit, and their point of view is advisory. The system of joint consultative bodies consists of:39 • Consultative Councils for Consumer Protection (CCPC), Constituted at the central, county, city, commune level, they ensure the informational and organizational framework necessary for establishing and applying the consumer protection policy and for correlating the action of public administration authorities with those of non- governmental organizations, with attributions in the field of consumer protection. The Advisory Councils for Consumer Protection, at each organizational level, have the following duties:40 In the direction of establishing and applying the consumer protection policy - Analyzes the way in which the rights of consumers are respected and proposes to the public administration authorities actions for applying the means provided by the law, which ensure the protection of citizens in their capacity as consumers and measures in support of the defense of consumer rights, as well as the correlation of their actions with the actions of other factors involved in order to achieve a real and unified protection of consumer interests; - Analyzes the way in which the proposals of the Consultative Council for Consumer Protection are applied by the notified bodies or organizations; - Analyzes the way public administration authorities collaborate in the field of consumer protection and recommends ways to improve collaboration; - Based on the analysis of the findings of the bodies represented in the Consultative Council for Consumer Protection, it: recommends actions in certain sectors in the field of consumer protection; proposes conducting studies in relation to the causes that generated violations of the legal provisions regarding consumer protection, as well as preventive measures; proposes improvements to the regulations or, as the case may be, new regulations in the field of consumer protection; formulates proposals in support of the elaboration of the strategy and action programs, at the local and national level. In the direction of correlating the actions of various public administration authorities with those of non-governmental organizations, which have a role in achieving consumer protection 39 But, Anca. Muresan, Laura. Neacșu, Andreea Nicoleta . Consumer protection and food safety , Ed. Transilvania University of Brașov, 2009, p.156. 40 Stanciu, C. (coordinator), State institutions and consumer organizations. Consumer protection manual . Bucharest: Ed. Oscar Print, 2004, p.238. 35 - Analyzes the specific problems of consumer protection associations and proposes to the public administration authorities, as well as to any interested bodies or associations, ways to support them in solving the respective problems; - Establishes common objectives on the achievement of which, through the specific means of each category of authorities and bodies (governmental or non-governmental), it is agreed to focus their action, in order to stop or remove the negative effects on the life, health, security or economic interests of consumers, which manifests itself repeatedly or with serious consequences in a certain sector of the production and/or marketing of products or services; - Analyzes the way in which the public administration authorities respond to requests (reports, complaints) from consumers or associations for consumer protection and notifies the relevant authorities of possible deficiencies in the organization and operation of the system for receiving and responding to consumer requests; - Supports consumer information and education actions, carried out by various authorities, bodies, organizations existing at national, county, city or communal level. • The Interministerial Committee for the Supervision of the Market of Products and Services and Consumer Protection (CISPPSPC) has the role of ensuring, in the field of consumer protection, the collaboration between public administration authorities, on the one hand, and between these authorities and specialized non-governmental organizations, on the other part, with a view to perfecting the national system of product and service market surveillance, perfecting the legislative framework, accelerating the process of harmonizing national legislation with European Union legislation. The Interministerial Committee for the Supervision of the Market of Products and Services and Consumer Protection aims to:41 - The development and improvement of the national system of market surveillance of products and services; - Improving the legislative and institutional framework in the matter, which would meet the requirements of integration into the single European market; - Accelerating the process of harmonizing national legislation with community legislation in the field. The main responsibilities of CISPPSPC are the following:42 - Analyzes and evaluates the current market surveillance system in Romania; - Study the current system of market surveillance of products and services in the countries of the European Union; 41 Stanciu, C. , Consumer protection. A new approach, Ed. Oscar Print, 2007, p.134. 42 Thomas, Andrei . Consumer protection , Ed. Cetatea de Caun, Târgoviște, 2009, p.132. 36 - Follows, based on the analyzes and evaluations carried out, that the National System of market surveillance of products and services meets the following requirements: establishing the responsibilities of economic operators; clear delimitation of the attributions of quality control bodies; the delimitation of laboratories and specialized market control personnel from the bodies that certify the conformity of products with legal provisions, during the design and production period; establishing control methods and techniques; transparency of procedures and safety of inspection and control mechanisms; training of specialized personnel for market control of products and services; improving the information and collaboration procedures between the competent institutions in the matter. In exercising its powers, the Interministerial Committee for the Supervision of the Market of Products and Services and Consumer Protection, prepares reports on the development and improvement of the National System of Supervision of the Market of Products and Services, as well as the legislative and institutional framework in the matter, which are presented to the Government by the President of the Authority National for Consumer Protection. • The Product Safety Commission (CSP) is an independent and non-profit advisory body, created with the aim of obtaining some scientifically based opinions regarding products dangerous to the life, health and safety of consumers. CSP analyzes notifications regarding the risks that products intended for consumers may present, creating a database by inventorying information in the field of consumer protection, related to the dangers presented by products. In the exercise of its duties, the Product Safety Commission analyzes and issues an advisory opinion regarding:43 - Characteristics of the product, packaging and installation and maintenance instructions; - The effect on other products with which it can be used; - The way the product is presented, the labeling, the instructions for use and any other indications and information provided by the manufacturer; - The category of consumers exposed to risk by using the product. The evaluation of the security of the products is done in accordance with the requirements Security minimums provided for in specific normative acts. If they are not available, the general security requirements included in the Romanian, European or international standards 43 But, Anca. Muresan, Laura. Neacșu, Andreea Nicoleta . Consumer protection and food safety , Ed. Transilvania University of Brașov, 2009, p.212. 37 In this sense, a multitude of means of information, documentation, communication and transmission are used: newspapers, magazines, specialized publications, radio, television, video tapes and films adapted for this purpose, posters, leaflets, announcements, consultations, seminars, symposia, debates, direct telephone links, fax, telex, websites, etc. In relation to economic agents, the actions of consumer protection associations aim to protect the life, health and safety of consumers, but also to supervise the commercialization process so that inappropriate products do not enter the commercial network, which are not certified in accordance with legal norms and do not comply with the prescribed quality conditions in contracts. Also, they act to make the economic agents respect the hygienic and sanitary conditions in the production process, during transport, handling and storage according to the sanitary norms in force, but also for the compensation for the damages caused by the inappropriate products and to ensure the service and spare parts. In relation to the government and other public authorities, the associations act in order to establish rules and regulations specific to the improvement of consumer protection and to promote their interests, but also to attract representatives of associations for consumer protection in terms of social partners with public administration bodies and in the Advisory Council for Consumer Protection, at central and local level. Associations for consumer protection do not have the right to control the market and do not apply sanctions to economic agents. In the organizational structure of consumer associations, consumer consultation and information centers can be organized at office level, which carry out free activities for their benefit, consisting of information, recommendations and consultancy on issues related to the purchase of a product or service. The most important non-governmental bodies for consumer protection in Romania are: the Association for Consumer Protection ( APC-Romania) and the National Association for Consumer Protection and Promotion of Programs and Strategies in Romania (ANCPPPSR).47 A) Association for Consumer Protection from Romania ( APC-Romania) It is a non-governmental, apolitical and non-profit organization, established since 1990, whose main objective is to defend, promote and represent by all legal means the rights and interests of consumers in relations with economic agents and state institutions. At the national level, the Romanian Consumer Protection Association was recognized by HG no. 1106/2005 as being of public utility. 47 Miller, Robert . Consumer protection systems , Ed. Lumina Lex, Bucharest, 2000, p.122. 40 APC-Romania is a member of several committees, councils and national bodies such as: Certification Committee of the Bucharest HACCP System Certification Body; The Certification Council of the Product Certification Body of the Romanian Standardization Association (ASRO); the Consultative Council for Consumer Protection within the Prefecture of the Municipality of Bucharest; the Consultative Council of the National Regulatory Authority in the Field of Natural Gases (ANRGN); Supervisory Board of the Management Systems Certification Body of the Romanian Car Registry (RAR-OCS); The Advisory Council of the National Regulatory Authority in Communications and Information Technology; The Certification Committee of the Larex Cert Products Certification Body. also APCa member of the European Organization of Consumers (BEUC), Consumer International (CI), Transatlantic Consumer Dialogue (TACD) and International Consumer Research and Testing (ICRT). APCRomania provides logistical support to the European Consumer Center in Romania ( ECCRomania). B) The National Association for Consumer Protection and Promotion of Programs and Strategies in Romania (ANCPPPSR), established in 2003, is a non-governmental, non-profit and politically unaffiliated organization whose sole purpose is to defend the rights and legitimate interests of consumers.48 The objectives of the association are to protect the rights and legitimate interests of consumers, to make consumers aware of the rights they have, to develop programs and projects in order to achieve these objectives. The specific goals of the programs are to protect consumers against the risk of purchasing and using products of questionable quality, to inform consumers about products that could endanger their health, to encourage consumers to have the right to choose, to encourage fair competition, to resolve consumer complaints. The attributions and responsibilities of the organization refer mainly to the following: participation, with an advisory role, in the elaboration of national strategies and programs regarding consumer protection; monitoring the implementation and application of legislation in the field of consumer protection; the establishment of local centers for information, advice and education of consumers, carrying out studies, researches and comparative tests of products and services, through a series of activities such as: programs; campaigns; European projects; the amicable resolution of consumer complaints/reports; consultancy given to economic agents in the relationship with consumers, etc. 48 Stanciu, C. (coordinator), State institutions and consumer organizations. Consumer protection manual . Bucharest: Ed. Oscar Print, 2004, p.145. 41 ANPCPPSR provides consumers with a varied range of information regarding their rights and obligations, through the development of specialized publications such as: Consumer protection and market competition; Consumer protection and market competition from the perspective of civil society; Infocons magazine, an education and information magazine in the field of consumer protection, Environmental protection and comparative tests (it is the first independent magazine of comparative product tests in Romania). ANPCPPSR is an active member in various organizations, advisory commissions of the authorities and working groups, at national and international level with specific activity in the field of consumer protection, among which we list: the European Association for the Coordination of Consumer Representation in Standardization (ANEC); International Consumer Organization for Research and Testing (ICRT); founding member of the Federation of Romanian Consumer Associations and of the ANPC Advisory Council; participant in the works of the Advisory Council of ANRE (National Energy Regulatory Authority); Participant in the works of the Advisory Council of ANCOM (National Authority for Communications Administration and Regulation), etc. 3.3. Consumer protection regarding electronic commerce 3.3.1. Aspects of consumer protection regarding distance selling Currently, we no longer purchase goods only from stores, but we have at our disposal a variety of alternative means of purchase - generically called "distance selling". This form of sale involves a set of retail sales techniques, consisting of an offer of products and/or services transmitted directly to potential customers - by means of a remote communication technique - in order to conclude a sales contract. Distance selling, present today in all sectors, takes place in the absence of the simultaneous physical presence of the consumer and the merchant. A particular form of distance selling in which the contract is concluded via the Internet (online) is electronic commerce. The advantages of electronic commerce from the consumer's point of view are related to:49 • time: the consumer can visit several virtual stores in a very short time (much shorter than the time involved in the physical presence of a person in a real store); 49 Piperea Gheorghe , Consumer protection in commercial contracts , in the Romanian Journal of Business Law with number 4 of June 30, 2008, p.153. 42 Pursuant to the agreement of will made as a result of accepting the offer, contractual obligations arise, from which the parties cannot derogate by their unilateral will. The need for the consent of the parties to terminate the initial contract appears as a principle provision. There are some exceptions to this principle, when it is possible to revoke the contract, but these must be expressly provided for in the law or in the contract. E) The right of the consumer to unilaterally terminate the contract Of course, the unilateral termination of the distance contract could be included among the causes authorized by law. The consumer has the right to unilaterally terminate the distance contract, within 10 working days, without penalties and without citing any reason. The only costs that can be borne by the consumer are the direct costs of returning the products. If the economic operator failed to transmit the initial information to the consumer, the term for unilateral termination of the contract is 90 days. In the case of exercising the right of unilateral termination of the contract by the consumer, the economic operator has the obligation to reimburse the amounts paid by the consumer without asking him for the expenses related to the reimbursement of the amounts. Reimbursement of the amounts will be made within 30 days at most from the date of termination of the contract. The consumer cannot unilaterally denounce the following types of contracts, except in cases where the parties have agreed otherwise:54 • service supply contracts whose execution began, with the consumer's consent, before the expiry of the 10 working day period; • contracts for the supply of products or services whose price depends on the fluctuations of the financial market rates that cannot be controlled by the economic operator; • contracts for the supply of products executed according to the consumer's specifications or of distinctly personalized products, as well as those which, by their nature, cannot be returned or which can degrade or deteriorate quickly; • contracts for the supply of audio, video recordings or computer programs, if they have been unsealed by the consumer; • contracts for the supply of newspapers, periodicals, shop magazines; • betting or lottery service contracts. F) Execution of the contract at a distance 54 Nemes Vasile, Stanciulescu Liviu , The law of civil and commercial contracts in the regulation of the new Civil Code , Ed. Hamangiu, 2013, p.156. 45 Regarding the execution of the contract, the economic operator must fulfill its contractual obligations within no more than 30 days from the date on which the consumer submitted the order, unless the parties have agreed otherwise. The economic operator, if he cannot execute the contract because his product or service is not available, must inform the consumer about this unavailability, and the sums he paid as payment must be reimbursed by the merchant within a maximum of 30 days. The economic operator can deliver to the consumer a service product of a quality and at a price equivalent to those requested only if this was provided before the conclusion of the contract and/or in the contract, so that the consumer is clearly informed about this possibility. Otherwise, the provision of products or services similar to those requested will be equated with delivery without an order. The costs of returning the products, in the case of exercising the right to unilaterally terminate the contract, are in this case the responsibility of the economic operator, an element on which the consumer must be informed. 3.3.3. Problems raised by electronic commerce When a sales contract is concluded on the Internet, the "interlocutor" is a website. Some of these sites do not offer any guarantee on the exact identity of the seller, nor on his professional quality, nor regarding the respect of consumer rights. The site has the obligation to provide certain information, both those that must be given in the case of a distance selling offer, and those, regarding the identity of the seller, required for all the services of the information society. Also, the seller must provide a certain number of information that must be formulated clearly, simply and unambiguously to facilitate navigation on his website:55 • the technical steps to be followed to conclude the contract; • if the contract, once concluded, is stored or not by the seller and if it is accessible or not; • the technical means that the seller makes available to the recipient for identifying and correcting errors that occur when entering data; • the language in which the contract can be concluded. The obligation to inform also extends to the way of concluding the contract, as well as to the aspects related to the procedure to be followed in this regard. Thus, the offeror must inform the consumer about the way in which he can choose a certain product of his service from his "virtual store" or from the presentation catalog, about 55 A. Bleoanca , The contract in electronic form , Ed. Hamangiu, Bucharest 2010, p.121. 46 the steps he must go through to order a certain product, about the way to carry out the payment and delivery of the chosen and ordered product, as well as the right to unilaterally terminate the contract. The information must be materialized in the creation of technical means (links) necessary to go through the stages of concluding a contract through electronic commerce. For example, the methods of choosing a product can consist of selecting a product category from the menu inside the economic operator's Internet page or by accessing an alphabetical index of the products or by accessing the link, which indicates the search criteria for the products according to the brand desired by the consumer. The ordering system is based on the "basket of products", with possibilities to enter an unlimited number of products, to change the quantities and to automatically calculate the prices.56 The offeror must make available to consumers the technical means necessary to view the contents of the basket and the cost, to give up certain products or to continue shopping, through the existence of links with these specifications for viewing, giving up or continuing. To send the order, the consumer must carefully fill out an electronic form relating to the name, surname, address, telephone, e-mail address and password with which he registers. This password can help the consumer keep track of the orders he makes, thus saving the time needed to enter personal data when he wants to make a new order. These data provided by the consumer are necessary for the bidder to confirm and deliver the products ordered under optimal conditions, without violating the legal provisions regarding the protection of personal data regulated by Law no. 677/2001 57regarding the protection of personal data and their free circulation.58 If the parties have not agreed otherwise, the contract is considered concluded at the moment when the acceptance of the offer to contract has reached the knowledge of the offeror. The contract which, by its nature or at the request of the beneficiary, imposes an immediate execution of the characteristic performance is considered concluded at the moment when the debtor has started the execution, except in the case where the offeror requested to be notified of the acceptance in advance. 56 Apan Rodica Diana , Milestones in the definition of the notion of "consumer ", in the magazine Pandectele române - Supplement dated March 31, 2008, p.85 57Law no. 677/2001 for the protection of individuals regarding the processing of personal data and the free movement of such data, Official Gazette no. 790, Part I, of December 12, 2001. 58 Didea, Ionel . Consumer rights , Ed. Universul Juridic, Bucharest, 2010, p.176. 47 D) Returning the products The consumer has the right to change his mind when shopping on the Internet. Within 10 days, the consumer can return the ordered product without giving explanations about his reasons, the only cost he bears being that of the return: "The consumer has the right to unilaterally denounce the distance contract, within 10 working days, without penalties and without invoking any reason. The only costs that can be borne by the consumer are the direct costs of returning the products. 61" E) The warranty period When selling products, the guarantee is legally binding for the bidder, under the conditions specified in the declarations regarding the guarantee and in the related advertising. The seller's liability towards the consumer is committed even if the lack of conformity appears within a period of 2 years, calculated from the delivery of the product. In the first 6 months after the purchase, the consumer does not have to prove the non-conformity, it is considered to have existed on the date of purchase. For the period from 6 months to 2 years, the lack of conformity will have to be proven by the consumer. F) Protection against dishonest sellers, abusive contract terms and unfair commercial practices The laws protect consumers against dishonest sellers, unfair contract terms and unfair business practices. Popular in the online environment are illegal offers such as charging for services that are advertised as free, or selling products at very low prices (e.g. plane tickets at the price of 1 euro), when, in reality, they will cost more a lot. These unfair commercial practices are prohibited by the legislation in force. Terms and conditions can be considered abusive when they do not emphasize consumer rights or when consumer obligations are exaggerated. For this reason, it is very important that before accepting the terms and conditions on a website, the consumer reads and understands those terms, in general, these documents contain information related to the rights and obligations of the customer and the merchant, respectively. 61Government Ordinance no. 130/2000 regarding consumer protection when concluding and executing distance contracts, Official Gazette, Part I, no. 177 of March 7, 2008 (art. 7). 50 CHAPTER IV. PARTICULAR PROBLEMS REGARDING CONSUMER PROTECTION 4.1. Product safety The general framework of product safety in Romania is defined in Law no. 245/2004 on the general safety of products 62and the Law on the consumer code 63transposing Directive no. 2001/95/EC of the European Parliament and the Council of Europe on general product safety 64. According to the provisions of these laws and in the spirit of consumer protection, economic operators have a series of obligations in the production and sale of goods and services. Obligations of producers:65 • to put only safe products on the market and, if the normative acts in force provide, they should be tested and/or certified; to market only products that comply with the prescribed or declared conditions; • to stop deliveries, respectively to withdraw from the market or from consumers the products for which the competent bodies or their own specialists found that they do not meet the prescribed, declared characteristics or that could affect the life, health or safety of consumers, if this measure is the only means by which the respective non-conformities can be eliminated; • to ensure, during the production process, hygienic and sanitary conditions according to the sanitary norms in force; • to be responsible for the current and future damage caused by the defective product. Obligations of distributors:66 • to ensure that the products offered for sale are safe and comply with the prescribed or declared conditions; • not to sell products about which they have information or believe that they may be dangerous; 62Law no. 245/2004 regarding general product safety, republished in 2008. Official Gazette of Romania, Part I no. 360 of May 9, 2008. 63Law no. 296/2004 on the consumption code, republished in 2008. Official Gazette of Romania, Part I no. 224 of March 24, 2008. 64Directive no. 2001/95/EC of the European Parliament and of the Council of Europe on general product safety, Official Journal of the European Communities, of January 15, 2002. 65 But, Anca. Muresan, Laura. Neacșu, Andreea Nicoleta . Consumer protection and food safety , Ed. Transilvania University of Brașov, 2009, p.154. 66 Rusu Ioana Eleonora, Gilbert Gornig , European Union Law , Ed. CH Beck, Bucharest, 2009. 51 • to withdraw from marketing the products that the bodies empowered by law have found do not meet the prescribed or declared characteristics, if they are the only means by which the respective non-conformities can be eliminated; • to ensure the technical conditions established by the manufacturer, as well as the hygienic-sanitary conditions during transport, handling, storage and sale, according to the rules in force; • not to market products that imitate food products, without being such products and that present the risk of endangering the health or safety of consumers, according to the legal regulations in force; • to market only safe products, within the validity period and which do not present risks for the life, health and/or security of consumers. Obligations of service providers:67 • to use, within the services provided, only safe products and procedures and, as the case may be, if the normative acts in force provide, that they be tested and/or certified and to immediately announce the existence on the market of any product that they know is dangerous; • to provide only services that do not affect the life, health or security of consumers or their economic interests; • to comply with the prescribed or declared conditions, as well as the clauses provided in the contracts; • to ensure, when providing the services, the technical conditions established by the manufacturer, as well as the hygienic-sanitary conditions, according to the norms in force; • to be responsible for the current and future damage caused by the defective service provided. Other obligations of economic operators regarding the protection of life, health and safety of consumers are the following: • to provide the consumer with useful information that allows him to evaluate the inherent risks of a product during the average duration of use or during a reasonably foreseeable duration (when they are not immediately perceptible by the consumer) and to prevent such risks; • to warn the competent national authorities if they know or should know, based on the information in their possession and as professionals, that a product they have placed on 67 Stanciu, C. (coordinator), State institutions and consumer organizations. Consumer protection manual . Bucharest: Ed. Oscar Print, 2004, p.122. 52 The indication of prices for all products sold by economic operators is mandatory in order to improve the level of consumer information. Prices must not be ambiguous, they must be easily identifiable and legible. The clear indication of the price of a service product allows the consumer not only to know the purchase value, but also to easily compare the prices of various products and services. The seller is responsible for indicating the selling price and the price per unit of measure. By selling price is meant the final price for a unit or a determined quantity of the product, including value added tax and all additional taxes, and the price per unit of measure is the final price, including value added tax and all additional taxes, valid for a kilogram, a liter, a meter, a square meter, a cubic meter, a piece or for another unit of measure, when it is commonly used in the marketing of some products. The way of indicating the sales price and the price per unit of measure for the products existing in the sales areas, offered by economic operators to consumers is regulated by the Government Decision no. 947/200G 72. This regulation transposes the provisions of Directive 98/6/CE of the European Parliament and of the Council 73. The normative act issued by the Government does not apply to sales by auction, to sales of art objects or antiques, nor to products provided during the provision of services. The responsibility of indicating the selling price and the price per unit of measurement rests with the seller, who must comply with the rules for displaying them:74 • the selling price and the price per unit of measure are expressed in lei, but sellers can also provide information about prices in other currencies, but this must be clear and easy to understand; • the selling price and the price per unit of measure are indicated in a clear, legible and easily identifiable form. This means that the tricks used by some traders who display a price, but add the VAT in small letters, are illegal. The costs of delivery, packaging and transport services may be mentioned separately, provided that they are clear, easily identifiable and legible; • the indication of prices is done so that the consumer in the sales area can see them in the presentation places without asking the seller; 72GD no. 947/2000, republished in 2008, regarding the method of indicating the prices of products offered to consumers for sale, Official Gazette, part I no. 643 of 09/09/2008. 73Directive 98/6/EC of the European Parliament and of the Council of February 16, 1998 on consumer protection in the indication of prices for products intended for consumers, Official Journal of the European Union no, L 80 of March 18, 1998. 74 Stefan Mihaila, Aida Diana Dumitrescu , Romanian commercial law , Ed. CH Beck, 2013, p. 123. 55 • if the prices are in the exterior windows, they are indicated so that the consumer can easily see them without entering the sales area; • within the same unit (location), the seller must indicate the same price for identical products. The prices are indicated on the products or next to them or they can be included in a list or in a catalog, together with the prices of other products, in their immediate vicinity. In the case of using catalogs, the seller must ensure a sufficient number of copies available to consumers. For pre-packaged products (products packed in whole or in part, before being offered for sale to the consumer, so that the quantity of the product cannot be changed without opening or changing the packaging) the price per unit of measure and the selling price corresponding to the pre-packaged quantity are indicated . The indication of the price per unit of measure (lei/kg, lei/liter) allows a comparison to be made with similar products that are sold in different quantities. Thus, it can be seen that a smaller quantity is more expensive than a larger quantity. If the price per unit of measure is identical to the sale price, only the sale price is indicated. In the case of prepackaged products for which the regulations in force provide for the indication of both the nominal quantity and the mass of the solid component, it is sufficient to indicate the price per unit of measurement of the solid component. For products sold in bulk (products that have not been subjected to the pre-packing operation and which are measured or weighed for sale in the presence of the consumer), by weighing or measuring it is mandatory to indicate only the price per unit of measure. The indication of the selling price and/or the price per unit of measure is mandatory for any type of advertising in which reference is made to the price. In the case of advertising intended for distance selling, information on the selling price and the price per unit of measurement is mandatory. Excluded from indicating the price per unit of measure:75 • foods that are consumed on the spot in: public food establishments, tourist reception structures, cinemas, theaters, educational institutions, hospitals, homes and camps for children and youth; • prepackaged products in quantities smaller than 50 grams or 50 milliliters, as well as those larger than 10 kilograms or liters; • prepackaged products sold by itinerant sellers through carts, caravans, all types of means of transport; • products sold through vending machines; 75 Rusu Ioana Eleonora, Gilbert Gornig , European Union Law , Ed. CH Beck, Bucharest, 2009, p.121. 56 • if the information on the price per unit of measure would not be useful to the consumer or would create confusion, respectively: - Advertising with short exposure time, where the information can create confusion; - Promotional offers in which the price has been reduced due to damage to the product and/or the risk of it being damaged; - Assorted products sold in a single package, where the price per unit of measure of each product would cause confusion, and the indication of the price of a single product would be misleading. The indication of the price per unit of measure is mandatory for prepackaged food products for which the specific regulations require the indication of the nominal quantity or sale in prescribed quantities. The non-food products for which it is mandatory to indicate the price per unit of measure are provided in the annex to GD no. 947/2000. Regarding the indication of price reductions, the seller has a great deal of freedom in determining the applicable price, but if he decides to make a promotional sale and reduce prices, he must follow certain rules at the time of announcing this reduction: • the reference price, the one against which the discount is made, must have been applied for 30 days prior to the discount; • catalog advertising and price reduction offers, launched by mail order merchants, can only be valid until stocks are exhausted, provided that this mention appears visibly and legibly in the catalog; • for certain types of sales, the price reduction announcement cannot be made outside the legal periods for such sales (soldering sale); • a price reduction cannot be announced by referring to a competitor's price or a supplier's recommended prices. Any price reduction announcement expressed in absolute value or in percentages must be made visible, legible and unequivocal for each product or group of identical products. There are three acceptable forms of displaying price reductions:76 • by mentioning the new price next to the previous price, which is barred; • by mentioning "new price", "old price" next to the corresponding amounts; • by mentioning the discount percentage and the new price that appears next to the previous price, which is barred. 76 Zamfir, Ion . Consumer Protection Practical Manual , Ed. NVA World Galaxy Trading, 2005, p.24. 57 The repayment of the amount according to paragraph (1) will use the same methods of payment as those used by the consumer for the initial transaction, unless the consumer has agreed to another method of payment and on the condition that he does not fall under the burden the consumer payment of commissions following the refund 79. They are exempt from the right of withdrawal provided for in art. 9-15 regarding distance contracts and off-premises contracts the following: a) service contracts, after the full performance of the services, if the execution has begun with the prior express consent of the consumer and after he has confirmed that he has become aware of the fact that he will lose his right of withdrawal after the full execution of the contract by professional; b) the provision of products or services whose price depends on fluctuations on the financial market that the professional cannot control and that may occur during the withdrawal period; c) supply of products made according to the specifications presented by the consumer or clearly personalized; d) providing products that are likely to deteriorate or expire quickly; e) supply of sealed products that cannot be returned for health protection or hygiene reasons and that have been unsealed by the consumer; f) supply of products that are, after delivery, according to their nature, inseparably mixed with other elements; g) the supply of alcoholic beverages whose price was agreed upon at the time of the conclusion of the sales contract, whose delivery cannot be made before 30 days and whose real value depends on market fluctuations that the professional cannot control; h) contracts in which the consumer specifically requested the professional to travel to his home to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the professional provides services other than those expressly requested by the consumer or supplies products other than the spare parts indispensable for the execution of maintenance or repair work, the right of withdrawal applies to those additional services or products ; i) providing sealed audio or video recordings or sealed computer programs that have been unsealed after delivery; j) the supply of newspapers, periodicals and magazines, with the exception of subscription contracts for the supply of such publications; k) contracts concluded within an auction; 79Ibidem, p.135 60 l) provision of accommodation services, for a purpose other than residential, transport of goods, car rental, catering or services related to leisure activities, if the contract provides for a specific performance date or period; m) the provision of digital content that is not delivered on a physical medium, if the provision has begun with the express prior consent of the consumer and after he has confirmed that he has become aware of the fact that he will lose his right of withdrawal. CHAPTER V. JURISPRUDENCE - ABUSIVE CLAUSES - CONSUMER PROTECTION Although the Bank's assertion that the law does not prohibit the conclusion of pre- formulated contracts is well-founded, the above-mentioned texts show that, in order not to be abusive, non-negotiated clauses must not create, to the detriment of the consumer and contrary to the requirements of good faith, an imbalance significantly between the rights and obligations of the parties. Therefore, the latter aspects will be taken into account. (civil judgment no. 2033/05.03.2009( INSTANCE, Find the following: 61 I. Clarification of the procedural framework and the procedural qualities of the parties Given that the procedure provided by Law no. 193/2000, which, unlike the common law in contravention matters, establishes in the competence of the authorized control bodies only the ascertainment of the facts and their recording in a report, which, subsequently, is sent to the competent court to order the necessary measures and , at the same time, considering that the same law provides for the possibility of attacking the minutes drawn up, under the conditions provided by OG no. 2/2001, it appears that the nature of the present case is a mixed one, it includes, on the one hand, the notification to the court by the control body, in order to apply the contraventional sanction and other possible measures, and, on the other hand, the complaint made by the alleged violator against the statement of findings. Therefore, the parties in the present case have, on the one hand, the generic qualities of the plaintiff, respectively the defendant, under the first aspect and, on the other hand, the qualities of the petitioner, respectively the respondent, under the second. II. The arguments of the parties 1. Through the notification registered at the Court of Sector 2 Bucharest on 27.11.2008, under no. 13594/300/2008, originally titled "contravention complaint", but later specified as "referral", the plaintiff-respondent ANPC (hereinafter also called the plaintiff, respondent or ANPC) requested the following: - Finding the existence of abusive clauses in credit contracts subject to control; - Application of the appropriate sanction; - Obliging the defendant-petitioner to remove the abusive clauses from the credit contracts. He showed that, following complaints received from several clients of the defendant bank, he carried out checks in the credit contracts and found the existence of several abusive clauses, in relation to the provisions of Law no. 193/2000. Thus, the contracts concluded with the defendant-petitioner (hereinafter also referred to as the defendant, the petitioner or the Bank) named EV, BC, TI, AD and RV were verified, finding that they are composed of General Conditions and Special Conditions. Both the general and special conditions contain clauses that violate the provisions of art. 4 of Law no. 193/2000. Specifically, the Bank reserves the right to change the legal nature of these contracts from bilateral to unilateral, without offering clients the opportunity to negotiate the contractual clauses. At the same time, the non-circumstance in any way of the conditions that allow the Bank to unilaterally modify the interest level and the failure to indicate any criteria 62 to influence its nature, such as pre-formulated standard contracts or general sales conditions practiced by traders on the market for their respective product or service; - Art. 1 letter a from the Annex including clauses considered to be abusive - those contractual provisions that give the trader the right to unilaterally modify the clauses of the contract, without having a valid reason to be specified in the contract, are considered abusive clauses. The provisions of this letter do not oppose clauses under which a financial service provider reserves the right to change the interest rate payable by or due to the consumer or the amount of other fees for financial services, without prior notification, if there is a valid motivation , under the conditions in which the trader is obliged to inform the other contracting parties about this as soon as possible and the latter have the freedom to terminate the contract immediately. The court notes that all the contractual provisions that will be analyzed were not negotiated directly with consumers, in the sense of the legal provisions above, considering that, as the Bank itself states, these contracts are pre-formulated, standard, and any differences between them do not it is due to the negotiation with the clients, but to the particularities of each individual client. In view of this aspect, although the Bank's support in the sense that the law does not prohibit the conclusion of pre-formulated contracts is well- founded, from the above-mentioned texts it emerges that, in order not to be abusive, the non- negotiated clauses must not create, to the detriment of the consumer and contrary to the requirements of good -beliefs, a significant imbalance between the rights and obligations of the parties. Therefore, the latter aspects will be taken into account. A. Credit agreement no. 0128651/FD/24.01.2008, concluded between the defendant- petitioner and the appointees EI and EV - Art. 3 letter d of the Special Conditions (f.26) provides that "The Bank reserves the right to revise the current interest rate in the event of significant changes on the money market, communicating the new interest rate to the Borrower." This clause poses problems in terms of contractual balance, in the sense that it gives the Bank the right to revise the current interest rate, without the new rate being negotiated with the client, who only needs to be notified. As shown above, according to art. 1 lit. a of the Annex to the Law, in principle, a clause that gives the financial service provider the right to change the interest rate unilaterally is not abusive, provided that this is done on the basis of a valid reason, provided for in the contract and, at the same time , provided that the client is promptly informed, who also has the freedom to terminate the contract immediately. The court noted that the valid reason provided for in the contract is that of "the intervention of significant changes on the money market". By "reason provided in the 65 contract", in the sense of the law, is meant a clearly described situation, which gives the client the opportunity to know, from the beginning, that if that situation occurs, the interest will be increased. At the same time, the reason must be sufficiently clearly shown, to be determined, so that, in the event of a dispute related to the application of such a clause, the court can verify whether that situation, reason for increasing the interest rate, really occurred. Just as a normative act must be characterized by predictability, a contractual clause must be formulated in such a way that the consumer can anticipate that if a certain situation occurs, a certain consequence will occur. The reason for a "significant change on the money market" does not meet this condition, so that, in the event of a dispute, not only cannot it be assessed whether it is founded or not, but it cannot even be established, according to objective criteria, whether to product. A change that one person or banking institution considers significant may be considered insignificant by another. It is obvious that a well-founded reason could only be considered one that can be assessed in the same way, objectively, by any person, including by the court charged with verifying the legality of this clause and its application. The Bank's support cannot be received, in the sense that these elements are very difficult to quantify and for this reason they cannot be provided for in the contract. Firstly, that the difficulty of establishing some objective criteria is not a sufficient reason for them not to be shown, and, secondly, if the Bank were still unable to find an objective criterion, it should assume the consequences of this impossibility. Or, in the case, on the contrary, the one who is in a position where he can only take note of the change in the interest rate, is the client. However, even if it were accepted that the "good reason" condition was met, in order for such a clause not to be abusive, it should, according to the previously quoted text, that, following the revision of the interest rate, the customer has the freedom to terminate the contract immediately. However, such a possibility is not foreseen in the girl's contract, so that, regardless of other considerations, the analyzed clause is abusive. - Art. 8.1 lit. c and d of the General Conditions provide that in the event of the occurrence of an unforeseen situation which, in the opinion of the Bank, makes it unlikely that the borrower will be able to fulfill his assumed obligations, respectively in the event of the occurrence of an unforeseen situation according to which, in the opinion of the Bank, the credit granted is no longer properly guaranteed, the Bank will have the right, based on a notification sent to the Borrower, the Co-debtor and the Guarantor, to declare the balance of the loan as due in advance, repayable immediately together with the accrued interest and all other costs owed to the Bank according to the Convention. 66 These clauses, in order not to be abusive, should also describe a valid reason, in the sense shown above. The wording contained in the analyzed clauses, namely "unforeseen situation", "in the opinion of the Bank", "to become improbable", "adequately guaranteed", are far from offering the real possibility for an independent observer to assess the validity of such a reason. In reality, these clauses give the Bank the exclusive and discretionary right to declare the balance of the loan due in advance, without the court charged with verifying the legality of such a measure being able to pronounce one way or the other. Therefore, the analyzed clause is ab initio abusive, as it excludes, by the way it is formulated, the possibility of verifying the fulfillment of the conditions it includes. - Art. 10.2 of the General Conditions shows that in any of the cases where, for various reasons, shown in art. 10.1, the Bank's costs related to granting or making available any credit increase, the Borrower will pay it, within 15 days from the date on which it was notified in writing, the additional amounts, so as to compensate the Bank for the increase in costs . In other words, according to this clause, in situations where, for various reasons, shown, this time, in a somewhat clearer way, the Bank's costs (in general, not only those related to the loan that is the subject of the analyzed contract) increase , this increase is borne exclusively by the customer. Such a clause creates, to the detriment of the consumer and contrary to the requirements of good faith, a significant imbalance between the rights and obligations of the parties, so that it is abusive, from the perspective of art. 4 para. 1 of Law no. 193/2000. Basically, instead of the possible increase in the Bank's costs with the granted credit being borne by it or, at most, the risk being shared between the Bank and the client, the latter is obliged to cover the entire amount. B. Credit agreement no. 0038294/12/12/2005, concluded between the defendant- petitioner and BLN appointees. and BCC - Art. 3 letter d from the Special Conditions (f.38) states that "The Bank reserves the right to revise the current interest rate in the event of significant changes on the money market, displaying the new rate at its offices; the current interest rate thus modified is applied from the date of posting". The content of this clause is similar to that contained in the article with the same number from the previously analyzed contract, except that, in this case, the Bank does not communicate the new interest rate to the borrower, but only displays it at its headquarters. 67 According to art. 13 of Law no. 193/2000, the court, if it finds the existence of abusive clauses in the contract, applies the contraventional sanction according to art. 16 and orders, under penalty of damages, the modification of the contractual clauses, to the extent that the contract remains in existence, or the termination of that contract, with damages, as the case may be. Based on this article, it will apply to the defendant-petitioner the contravention fine, in the amount of 1000 lei, the maximum amount provided by art. 16 of Law no. 193/2000, considering that, as it follows from the previously analyzed contracts, the stipulation of abusive clauses in the contracts concluded with consumers was repeated. With regard to the other measures that the court can take, the defendant-petitioner argued that it is not possible to order the elimination of a clause, as long as the law only provides for the option of its modification. This support cannot be accepted, considering that the court also has the possibility to terminate the entire contract, so even more so, only a part of it, even if, in relation to the clauses considered individually, the legislator used the term " change". The teleological interpretation of the text leads to the conclusion that, as far as possible, the contract must remain in existence, the essential being only the removal of the abusive part of it. Therefore, the court will oblige the defendant-petitioner to modify the contracts analyzed above, in the sense of removing the clauses found to be abusive. ConCluSIonS The European Commission considers the supremacy of consumer protection within the framework of the new rights of the citizens of the member countries of the European Union, ensuring the quality of the products and services offered for consumption, regardless of whether the sales market is the only European one or if it is the national one, specific to each European state; ensuring the security of products and services , and last but not least, the 70 fact that the security of products and their quality aim at a real exercise of human rights, a better social protection of them. In addition to all this, the Member States of the Union are still faced with problems of interpretation of the provisions of the Rome and Brussels Conventions which, in some places, are contradictory, sometimes leading, in the case of disputes in which consumers were involved, to decisions at least debatable, in this sense, efforts are being made, at the level of the Union, to harmonize the legal provisions of the Conventions mentioned above. The Action Plan of the European Commission regarding consumer protection has defined as a priority: improving consumer education and information, which guarantees that both consumers and their interests are fully represented on the internal market, allowing the protection of consumer rights to benefit from the opportunities presented by society informational. 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