Cross-border consumer protection – Introduction of European Consumer Centre Hungary

1. European Consumer
Centre Hungary
Cross-border consumer
protection –– Introduction of
European Consumer Centre
Hungary
dr. Attila Kriesch
Director
Budapest, 28th November, 2013.

2. European Consumer
Centre Hungary
What is the ECC-Net?
 European Consumer Centres’ Network (ECC-Net, operational
since 2005) is an EU-wide network that provides information
to consumers on their rights when shopping cross-border and
helps them find solutions if something goes wrong.
 There is a European Consumer Centre (ECC) in 30 countries
– every EU Member State, Norway and Iceland.
 Co-financed by the European Commission and by the
countries hosting the ECCs.
 ECC Hungary has been hosted by the Hungarian Authority for
Consumer Protection as of 01 January, 2011.

3. European Consumer
Centre Hungary
What service does ECC-Net provide?
 assists in the resolution of cross-border consumer
complaints;
 provides information on both EU and national
consumer protection rules;
 gives advice to consumers facing a cross-border
related problem and helps them reach an amicable
solution;
 informs consumers on alternative ways to deal with
the complaints if they can not be solved amicably
with the trader, e.g. ADR or a Court, using the
European Small Claims Procedure;

4. European Consumer
Centre Hungary
What service does ECC-Net provide?
 Provides feedback to the European Commission and other
stakeholders based on practical experiences of case-handling.
 Promotion of alternative dispute resolution.
 In 2012 the ECC-Net handled 72 067 contacts. 32 197 were
complaints.
 cooperates with other EU-wide networks (Europe Direct,
Enterprise Europe Network, Solvit).
 Public information campaigns, reports, projects, surveys,
publications and consultations.

5. European Consumer
Centre Hungary
How does the ECC-Net work?
 If a consumer has a problem with a trader situated in another
country, he first needs to contact the trader himself in order to
find a solution.
 If a solution can not be found, the consumer may contact the
ECC in his country. The ECC in the consumer’s country will
liaise with the ECC in the country where the trader is located.
 Then the ECC of the trader’s country who knows the national
rules contacts the trader in order to reach an amicable
solution.
 Where an ECCs’ intervention does not lead to an amicable
solution with the trader, the ECCs will – as much as possible –
inform and assist consumers in accessing an appropriate
national ADR entity and/or propose other possibilities to solve
their problems (ESCP, specific questions of court procedure).

6. European Consumer
Centre Hungary
Frequently covered areas of the complaints:
 Online shopping, online services (online payment
methods, online games, online auctions etc.);
 Air passenger rights, conditions of air transport;
 Offline purchase (buying goods in shop, warranty);
 Timeshare contracts; Travel contracts, booking or quality
of accommodation ;
 Home rentals; Car-rentals;
 Electronic telecommunication services, premium-rate
services (downloadable mobile contents);
 Healthcare services, so practically we deal with
 all types of consumer complaints……

7. European Consumer
Centre Hungary
 Services of ECC Hungary as „Consumer ECC” in case
of cross border complaint submitted by Hungarian
consumers against European companies:
 Assistance in contacting the foreign trader (drafting a
complaint letter in English or German);
 Providing the complainant with preliminary tips/advice
how to solve the problem directly with the trader;
 Detailed legal assessment of the complaint, requesting
the necessary evidence and supporting documents;
 Translation of the complaint and its attachment into
English and forwarding them to the fellow ECC located in
the country where the trader is seated

8. European Consumer
Centre Hungary
 Services of ECC Hungary as „Consumer ECC” in case
of cross border complaint submitted by Hungarian
consumers
 Consumer is regularly updated about the status of his/her
complaint;
 If the assistance is not successful, consumer receives
information about the options of other legal redress
mechanism such as alternative dispute resolution,
European Small Claims Procedure, administrative or
liquidation procedures available in 29 countries, etc
 Under given circumstances attempting the „informal
enforcement” of administrative rulings issued by public
bodies (National Enforcement Bodies) against European
airlines

9. European Consumer
Centre Hungary
 Services of ECC Hungary as „Trader ECC” in case
of cross-border complaint submitted by other
European consumers against Hungarian companies
 Detailed legal assessment of the complaint, requesting
the necessary additional evidence and supporting
documents from the Consumer ECC;
 Contacting the trader in the most appropriate way in order
to reach an amicable settlement (detailed legal
argumentation if necessary);
 If no answer from the trader, making other attempts (via
e-mail, post, phone) to get in touch with the company;
 Consumer ECC is regularly updated about the status of
the consumer’s complaint;

10. European Consumer
Centre Hungary
 Services of ECC Hungary as „Trader ECC” in case
of cross border complaint submitted by other
European consumers against Hungarian companies
 If the assistance is not successful and if the consumer’s
claim is considered as justified, upon request of the
consumer ECC Hungary forwards the case to the
Hungarian ADR bodies
 If the assistance is not successful due to the bankruptcy
of the trader, Consumer ECC provides information about
the details of liquidation procedures in Hungary, etc
 Under given circumstances attempting the „informal
enforcement” of administrative rulings issued by public
bodies (National Enforcement Bodies) against Hungarian
airlines

11. European Consumer
Centre Hungary
ECC-Net cannot help:
 in business to business issues;
 in national cases;
 if the trader is established outside the EU, Norway,
Iceland;
 if other party is a governmental institution;
 to enforce the law;
 to claim for compensation for non-material damage;
 to represent the consumer before civil court;
 If the consumer was deceived/scammed by
fraudulent traders.

12. European Consumer
Centre Hungary
 Advantages of the assistance of the ECC-Net:
 Free of charge;
 Professional;
 Informal and simple;
 Rapid;
 Successful in the majority of the complaints
if consumer’s claim is legally founded;
 Offers an effective alternative to legal action
against traders (to avoid litigation);
 No minimum value of the claim.

13. European Consumer
Centre Hungary
How can the consumer contact the
European Consumer Centre?
 Personal visit;
 E-mail;
 Via post;
 By phone;
 Online complaint form on the website;

14. European Consumer
Centre Hungary
 Main results in 2012:
 320 new cross-border complaints (submitted by mainly
Hungarian consumers);
 Due to the assistance of the ECC Hungary, Hungarian and
other EU consumers have actually received approximately
13,5 million HUF (about 46550 EUR) originating from the
successful (amicable) settlement of their complaints;
 4 information brochures (3 in Hungarian, 1 in English);
 bi-lingual (Hungarian and English) website
(www.magyarefk.hu);
 1039 information requests from consumers by e-mail/phone/
personal visits

15. European Consumer
Centre Hungary
 Main results in 2012:
 8 press conferences were held and active media activity was
performed at national/county/regional level in order to promote the
activities of the centre.
 The ECC participated in more events and EU campaigns in order
to increase visibility (Europe Day 2012, European Air Passengers’
Rights Day 2012 and High season-Tourism Fair).
 The ECC started cooperated with the players of the consumer
protection sector (e.g Europe Direct offices, SOLVIT Centre, the
European Commission Representation in Hungary, Enterprise Europe
Network, etc)
 presentations at 11 events organised by the county consumer
protection inspectorates, Enterprise Europe Network, county
chambers of commerce and industry and also by trade associations in
order to raise consumer- and business-awareness

16. European Consumer
Centre Hungary
Activities in the field of alternative dispute
resolution

17. European Consumer
Centre Hungary
 Activities in the field of alternative dispute
resolution
 Assisting consumers with a dispute (Objective 3.)
 If amicable settlement with the trader was not
successful via the intervention of ECC-Net, ECC
Hungary forwards a complaint via its fellow ECC to
ADR bodies in other Member States in case of
Hungarian consumers
 Risolvi Online and Alitalia dispute resolution scheme – Italy;
Online Schlichter – Germany, Financial Ombudsman Service
– UK, Consumer Complaints Boards – Scandinavian
countries, Lisbon Arbitration Centre – Portugal
 About 15-20 disputes per year

18. European Consumer
Centre Hungary
 Assisting consumer with a dispute (Objective 3.)
 In case of European consumers of another country
ECC Hungary may forwards it to the Hungarian ADR
bodies. It includes the
 Sending the template documents and detailed infor-mation
on ADR to the consumer;
 Preparing the final claim/request and documents in
Hungarian and English;
 Forwarding the claim to the ADR body;
 Creating a summary about the decision of the ADR body
for the consumer;

19. European Consumer
Centre Hungary
 Contributing to ADR development (Objective 5.)
 Participation in national legislation process to
improve the national ADR system;
 Participation in European public consultation process
on ADR if requested;
 Promotion of national ADR bodies (on our website, in
leaflets, in reply letters sent to consumers in case of
domestic queries);
 Cooperation with ADR bodies (making presentation,
mutual signposting of cases, distribution of leaflets,
etc.)

20. European Consumer
Centre Hungary

21. European Consumer
Centre Hungary

22. European Consumer
Centre Hungary
Thank you for your kind
attention!
Questions?
„This presentation arises from the project “European Consumer Centres’ Network –
ECC-Net” which has received funding from the European Union, in the framework of
the Programme of Community action in the field of Consumer policy for 2007-2013.”