Answer to Written Question: Non-compliance with Directive 93/13/EEC

(Source: European Parliament)

EN

E-001992/2021

Answer given by Mr Reynders

on behalf of the European Commission

(3.6.2021)

Directive 93/13/EEC on unfair contract terms[1], as interpreted by the Court of Justice of the European Union, requires Member States to adopt all the measures necessary to ensure that consumers are not bound by unfair contract terms.[2]

The Commission monitors the implementation of EU law by the Member States. It will assess any information concerning the Cypriot legislation as regards its compliance with Directive 93/13/EEC, and, if necessary, address the issue with the Cypriot authorities.[3]

The Commission refers to its replies to written questions E-004376/2020 and E-004377/2020[4] as well as P-000374/2021[5] mentioning that it has opened an infringement procedure against Cyprus for ineffective enforcement of Directive 93/13/EEC and Directive 2005/29/EC[6], including the non-binding nature of the decisions of the Cypriot Consumer Protection Service regarding unfair terms. On 16 April 2021, Cyprus replied to the reasoned opinion delivered by the Commission on 18 February 2021 in accordance with Article 258 of the Treaty on the Functioning of the EU[7]. The Commission will consider appropriate steps further to the assessment of that reply.


[1] Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, OJ L 95, 21.4.1993, p.29.

[2] See Section 4 of Commission Notice – Guidance on the interpretation and application of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, OJ C 323, 27.9.2019, p. 4–92, COM(2019) 5325 final.

[3] Communication from the Commission — EU law: Better results through better application, C/2016/8600, OJ C 18, 19.1.2017.

[4] https://www.europarl.europa.eu/doceo/document/E-9-2020-004376-ASW_EN.html

[5] https://www.europarl.europa.eu/doceo/document/P-9-2021-000374-ASW_EN.html

[6] Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’), OJ L 149, 11.6.2005, p. 22‐39.

[7] https://ec.europa.eu/commission/presscorner/detail/en/inf_21_441

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