The form of the directive, Member States are looking difficult, because it was not just to ensure a minimum standard of protection, but fully release the consumer internal market and to ensure the same rules to all citizens of the Union. Differences in the national legislation, therefore had to be mitigated. In the Czech Republic, the content of the directive on consumer rights directly incorporated into the new Civil Code, which came into force earlier this year.
Some rules changes have been made, others are just more refined. Part of the change is to the benefit of customers, help other traders. Recently as i can retire from service contracts, which began to be provided immediately after the conclusion of the contract. Consumers with further withdrawal within 14 days will appreciate the time limit for refund from 30 to just 14 days. Were reduced the costs associated with the chosen method of payment and other costs charged by the dealers (customers can now charge only the actual amount of costs associated payment transaction, such as when using a Card). Traders will appreciate the expanded circle of contracts from which you can not withdraw. In addition, new customers require compensation for impairment of things. Czech business not obliged to refund this often wrongly associated only with the fact that consumers of goods expands.
The principle of full harmonization of national legislation, which is controlled by the Consumer Rights Directive prevents Member States from introducing new or retain existing different rules. Czech Republic has committed the transposition of Council Directive inaccuracies, particularly the use of expressions with different or completely opposite meaning. A prime example is the exclusion of the consumer's right of withdrawal of services. While the Civil Code does not grant this right to the consumer, if the services were met before the deadline for the withdrawal of the right to cancel the contract allows the time of service in full. Even some rules of Czech Republic failed to take over completely. For example, the 30-day deadline for the delivery of goods, delivery time if the parties were not agreed. There was also the launch contracts for subscriptions to newspapers and magazines from the right of withdrawal. A major fault deteriorating position of Czech consumers is to limit the automatic cancellation of the loan (up to 5000 CZK) during withdrawal. In the Czech Republic, this rule applies only to contracts concluded at a distance, in respect of contracts negotiated away from business premises, the parties may your agreement to exclude the application of this rule. Due to the nature of formulářovému agreements, however, consumers usually virtually impossible to influence the content of the contract.
Czech Republic, as well as other Member States, there is at the incorrect implementation of sanctions by the European Union and claims for damages arising from consumers and businesses. Proper takeover rules not easy especially because of linguistic and terminological differences. Inaccurate formulation can bridge eurokonformního interpretation of the provisions at issue, ie. to favor the interpretation and application of the rule as amended by Directive before the Czech law.
Source: tz dTest.cz
