How to get your rights recognised and enforced
| Author | European Commission |
| Pages | 19-20 |
Page 19
In the event of your being faced with a dispute of a contractual nature while travelling in another EU country (e.g. acquisition of goods or services which are unsatisfactory or which do not correspond with the description given), you do have the possibility of a remedy.
Often the problem encountered can be resolved amicably and free of charge simply by complaining to the supplier, manufacturer or distributor of the product or the service provider concerned. However, if you fail to get satisfaction, this guide sets out various means of seeking redress at both national and Community levels.
Several countries have introduced simplified procedures for consumer disputes where it is not even necessary to consult a lawyer. Moreover, recognised consumer organisations and certain administrative bodies sometimes have the right to sue in order to protect collective interests.
Reliance on such remedies or out-of-court procedures can often help you avoid the costs and the - sometimes considerable - delays associated with going to court.
If you have to sue in courts other than those of the Member State in which you are domiciled, remember that you cannot be discriminated against on the grounds of nationality. For example, no security or bond to cover court costs can be required of you simply because you are not a national of the country. And you also have the right to legal aid under the same conditions as apply to the nationals of that country.
Save for a handful of exceptions - and without needing to rely on a particular legal procedure - a court decision handed down in one Member State will be recognised in the other countries of the European Union. To have your decision enforced (for example, payment of damages) in another Member State, you must submit a request to the court having jurisdiction (generally the court of the losing party"s country of domicile).
For further information on disputes of a contractual nature, please consult the guide "Buying goods and services in the single European market".
If you consider that a national, regional or local authority has wrongly interpreted your rights under Community law, you should assert your rights by complaining to the administration concerned. If you are not satisfied with the response, there are ways of enforcing your rights.
First, you should complain to the establishment or administration concerned. You should start by following national procedures, because you have a variety of possibilities open to you and you may be awarded compensation. National courts must ensure that rights based on Community law are respected and, where necessary, set aside any measure which infringes it.
There are also ways of raising your case at Community level.
Page 20
You can complain to the European Commission (see "Useful addresses"). If the Commission considers your complaint well-founded, it can contact the national authorities concerned to seek an explanation and to put an end to any breach of Community law. If the Commission is not satisfied with the response it receives, it can start infringement proceedings against the EU country concerned. This may lead to the case being referred to the European Court of Justice.
As a citizen of the European Union, you may also petition the European Parliament (see "Useful addresses") or raise your case with a Member of the European Parliament, who can put questions to the Commission and the Council. Their replies to questions must be made public.
Lastly, you can also contact the European Ombudsman (see "Useful addresses"), but only if your complaint concerns maladministration by one of the Community institutions (e.g. the European Parliament, the Council or the European Commission), or any decentralised Community agency (e.g. the European Training Foundation). Generally speaking, "maladministration" means administrative irregularities or omissions. The European Ombudsman is not empowered to deal with complaints concerning national or local administrations.
For further information, please consult the guide "Enforcing your rights in the single European market".
