In an ever-changing European context, the measures taken by the European Union are shaping the daily lives of its citizens. In this article, lawyers from the European Consumer Centre as well as the European Commission’s representative in Luxembourg take a look at some of these measures.

More guarantees when making purchases

Among the measures affecting Europeans is the , which came into force in 2019 and has been transposed into Luxembourg law. “This directive has reviewed consumer rights and broadened the scope of application, particularly as regards consumer overprotection,” explains Julie Jasson, a legal expert at the European Consumer Centre (ECC). “It increases the guarantee after the purchase of a product from six months to two years concerning the right to replacement or reimbursement. Before, it was much more complicated to obtain redress from the seller in the event of a problem.”

This is not the only point of this directive. , director of the ECC, adds that it also means that sellers must, during a sale, indicate a product’s reference price alongside its discounted price.

The directive also expands an existing list and description of unfair commercial practices. “For example,” says Jasson, “when you do a search on Google, the first results that appear are often sponsored or advertising content. Thanks to the directive, this must be specified on the search engine.”

Another directive, still under discussion, is also designed to strengthen consumer rights. “It hasn’t yet been implemented or voted on,” says Basenach, “but one directive is currently being hotly debated: the “right to repair” directive, based on the idea that consumers are too quick to throw away certain products rather than repair them. It’s not necessarily the consumer’s fault; it’s sometimes quicker, easier and cheaper to buy again than to repair.” This directive is meant to empower consumers but also, obviously, to slow down humankind’s destruction of the natural environment. Specifically, the measures seek to promote and facilitate repairs: consumers will be able to ask manufacturers to repair products that are technically repairable (such as televisions or washing machines), while producers will be obliged to inform consumers about the repairability of the product. An online platform is also envisaged to put consumers and repairers in touch, as well as a European form so that consumers can compare repairers’ offers. A European quality standard for repair services will also be drawn up.

More harmony on consumer credit

Dated October 2023, concerns consumer credit agreements. “Here again, we are dealing with a directive that has been extended in line with market trends,” says Jasson.

“We were just explaining that directives evolve in line with day-to-day issues,” adds Basenach. “At the ECC, we are on the front line when it comes to identifying the problems encountered by consumers, and we are in regular contact with the Consumer Protection Directorate in Luxembourg and with the European Commission so that we can pass on these problems to them. In the current context, with inflation, the use of these loans is perhaps greater than before.”

The aim of this directive is to define the European rules applicable to consumer credit agreements. But it does not apply in certain cases: if the contracts are secured by a mortgage; if the contract is for more than €100,000; if the interest-free or low-interest credit system is offered by the employer to his employees; if the payments are deferred; or if the contract is a rental or leasing contract.

“This directive strengthens the rights of consumers who take out consumer credit,” says Jasson. “For example, it requires that the information provided be free of charge.” It also prohibits misleading advertising that suggests that credit will improve consumers’ financial situation.

The directive must be transposed into national law by 20 November 2025 and its rules should apply from 20 November 2026.

Digital content

This next European regulation should particularly appeal to film and series fans who travel regularly. (It should be noted that a regulation differs from a directive: the former is immediately applicable, while the latter must be transposed into the law of each member state within a prescribed period.) “Content portability” refers to the right of EU citizens to access paywalled online content services in other EU member states under the same conditions as in their country of origin. In other words, subscribers can download and watch the same films and TV series anywhere in the EU. Media covered by the directive include video on demand, online television, music streaming, online gaming platforms, digital books, magazines and sporting events.

“Previously, there were often complaints about streaming subscriptions that were impossible to enjoy abroad,” says Jasson. “For example, if you had taken out a subscription to an online platform in one country, in some cases the content was not accessible in another country.” This 2017 regulation therefore guarantees that the content made available in other member states is the same content, on the same range and number of devices, for the same number of users, with the same features, and at no extra cost.

At last, the same charger for everyone

It has taken a long time for the 2014 directive on the introduction of universal chargers for electronic devices to become a reality, given that Apple in particular resisted, for a long time, complying. At last, however, it is firmly on its way: in Luxembourg, MPs unanimously adopted a bill transposing this directive into Luxembourg law in February 2024. The rule will also apply to laptops from 28 April 2026, according to the chamber of deputies website. “There is no single deadline for transposing a directive into national law,” says Jasson.

“This directive also introduced a pictogram indicating whether a charger is offered with the new device, so that consumers know exactly what they are buying,” adds , the European Commission’s representative in Luxembourg. All these changes will only apply from the end of 2024.

For minor disputes…

One of the directives still awaiting transposition is the introduction of collective redress. At the European level, such action is made possible by a directive. This is an essential project for the ECC, which sees it as a new way for consumers to defend themselves. “Sometimes people are reluctant to take action on their own,” says Basenach, “but it’s different when there are several of them. We saw this with the Dieselgate affair in Germany. It would be good if this were harmonised.”

But this is not the case in the grand duchy, at least not yet, since Luxembourg has still not transposed the directive, despite the deadline of 25 December 2022. Luxembourg citizens will have to be patient a little longer, as the matter is still before the committee of the chamber of deputies.

In the meantime, the European Small Claims Procedure, set up by the EU, can help consumers with smaller disputes. The procedure is free in Luxembourg for disputes involving sums of under €5,000. “Using an easy-to-complete online form, consumers can take their case to court free of charge in cross-border disputes, for example,” says Basenach. “The procedure normally takes three months, although in practice it can sometimes take a little longer.”

A safer digital environment

The , which is intended to apply without being transposed into the national law of each member state, is also designed to provide better protection for European citizens. It requires general terms and conditions that are easier to read, clearer information and simpler reporting of illegal content. It came into force in August 2023. “Once again, this is a typical case where the European regulation wants to adapt to trends on the ground and to reality,” says Basenach. “In fact, Ursula von der Leyen has defined the broad outlines of digital transformation as a key theme.”

Another regulation, the European Data Act, came into force in January and concerns harmonised rules on access to and use of data. It is designated as a pillar of the European data strategy. “This act also includes measures to increase fairness and competition in the European cloud computing market and to protect businesses against unfair contractual clauses relating to data sharing imposed by stronger players,” says Calteux. “In addition, it introduces safeguards to prevent third country government bodies from accessing non-personal data where this would be contrary to EU or national law. This legislation was drawn up by the DG CNECT teams based in Luxembourg.

“The EU is and will remain a project that puts human beings at the centre,” she adds, “and whose ultimate goal is to guarantee the prosperity of our society and the wellbeing of its citizens.”

More efficient cross-border trade

Still on the digital front, another regulation should be of interest to citizens: the Interoperable Europe Act. Coming into force on 11 April 2024, it should facilitate the cross-border exchange of data and accelerate the digital transformation of the public sector. “Citizens, businesses and public administrations will benefit most from the new regulation when they use interconnected digital public services requiring cross-border data exchange,” says Calteux. “These services include mutual recognition of university degrees or professional qualifications, exchange of vehicle data for road safety, access to social security and health data, exchange of information related to taxation, customs, public procurement accreditation, digital driving licences and business registers. According to the impact assessment, the law should save up to €5bn a year.”

Also worth noting: thanks to the NextGenerationEU European recovery plan and its digital component, Calteux points out, almost 18m households have been able to access broadband internet and around 247m users have been able to benefit from improved or new digital public services.

For the wallet and the planet

In a study carried out in 2020, the European Commission found that 53.3% of 150 environmental claims examined were vague or misleading. The study also identified more than 230 “green” labels in the EU with widely varying levels of transparency, controls and reliability. It was on this basis that the Greenwashing Directive was adopted. Member states are required to transpose it by the end of March 2026 and to apply the measures from 27 September the same year.

“This comes under the heading of unfair commercial practice,” says Jasson. “We’ve added all these lies about supposed ecological benefits.” The directive will therefore enable consumers to make more environmentally friendly purchasing decisions, in full knowledge of the facts. The directive also extends the list of commercial practices that must be considered early obsolescence and greenwashing. This extension includes the following prohibitions: displaying a sustainable development label that is not based on a certification system or that has not been established by public authorities; making a generic environmental claim in respect of which the trader is unable to demonstrate the excellent environmental performance recognised in connection with the claim; and making an environmental claim concerning the whole of the trader’s product or business, when it concerns only one aspect of the product or a specific activity of the trader’s business.

For young people

A number of initiatives have already been launched to support young Europeans, and the EU’s youth strategy is based on a number of instruments that are already more or less well known: the youth guarantee, exchange programmes and the Erasmus+ programme. Calteux also mentions the Discover EU pass, part of Erasmus+, which gives 18-year-olds the opportunity to discover Europe by train. “Selected travellers also receive a DiscoverEU European youth card, which entitles them to a whole range of discounts on cultural visits, learning activities, sporting activities, local transport, accommodation and food. Around 60,000 passes are distributed each year through this programme.

And on the social front

On the social front too, the EU is proposing measures that will have an impact on people’s everyday lives. Mental health, for example. “The plan focuses on the most vulnerable people, such as children, young people and the elderly, and includes 20 flagship initiatives and €1.23bn in funding for education and awareness-raising,” says Calteux. Adopted in February, a new harmonised European card will serve as proof of disability throughout the EU. “Disabled people often find that their national disability cards and disability certificates are not recognised when they travel or stay in other EU countries. With this card, people with disabilities should have access to the same special conditions and preferential treatment as residents of the country where they are travelling.”

This article in Paperjam. It has been translated and edited for Delano.