Split over plans for easier access to justice

Date: 18/04/1996

EUROPEAN Commission plans to help disgruntled consumers gain swift, cheap access to justice throughout the Union are likely to run into opposition from some EU consumer ministers at their meeting next week.

While Germany and the UK are in favour of giving consumers the right to sue firms which sell faulty goods in the national courts of other member states, they are firmly opposed to allowing consumer groups and other organisations to take legal action on behalf of groups of individuals, as suggested in the proposal. “We all agree with the aim of the directive. But we think that the current proposal goes too far,” said one EU diplomat.

The plan would allow individuals and organisations based in one member state to seek an injunction against businesses based in another.

Under the draft law, member states would be asked to draw up a list of organisations, such as employers' federations or consumer groups, which would be 'qualified' to take legal action in other member states on behalf of consumers.

A related 'access to justice' action plan drawn up by the Commission proposes the introduction of a single user-friendly system, along the lines of those currently used in Ireland and the UK, to deal with 'small claims' against businesses based in other member states.

Under the proposed system, a German consumer unhappy with goods bought in France could fill out a standard complaint form and send it to the vendor in question. The French firm would then be given a chance to respond and to settle the matter amicably before going to court.

The proposals aim to boost consumer confidence in foreign goods and services by guaranteeing cheap, easy access to justice should those goods or services prove faulty.

At the moment, shoppers who are dissatisfied with the quality of products bought abroad must clear countless legal hurdles before winning redress in foreign national courts.