As part of its Smart Regulation policy the European Commission runs a Regulatory Fitness and Performance Programme (REFIT). The programme contains the so-called ‘Fitness Check’ that has been recently introduced by the Commission in the field of EU Consumer and Marketing law.

The Fitness Check`s aim is to evaluate if the following directives are “fit for purpose” on the basis of criteria such as effectiveness, efficiency, coherence, relevance and EU added value:

  • Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market (Unfair Commercial Practices Directive);
  • Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees (Sales and Guarantees Directive);
  • Directive 93/13/EEC on unfair terms in consumer contracts (Unfair Contract Terms Directive).
  • Directive 98/6/EC on consumer protection in the indication of the prices of products offered to consumers (Price Indication Directive);
  • Directive 2006/114/EC concerning misleading and comparative advertising (Misleading and Comparative Advertising Directive);
  • Directive 2009/22/EC on injunctions for the protection of consumers’ interests (Injunctions Directive).

Part of the evaluation is a public consultation to which all European citizens and organisations are welcome to respond until 2 September 2016. The results are going to be analysed and will be used as a basis for future policy initiatives in this area of law. Therefore, the current consultation includes questions regarding future developments in the aforementioned areas of law in order to modernise the EU Consumer and Marketing Legislation. Furthermore, the results of the consultation will also be appropriately taken into consideration during the currently ongoing legislative process on the Commission’s Proposal of a Directive concerning certain aspects of online-contracts and other distance sales of goods.

Further information as well as the questionnaire can be retrieved online. Responses to the survey can be submitted in any of the EU’s official languages.