A new Romanian law, Law no. 33/2015, clarifying unfair business-to-consumer commercial practices became effective on 14 March 2015. 

The new law seeks to clarify existing Romanian legislation on unfair commercial practices of traders in relation to consumers, to ensure accurate transposition of Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market, and to better reflect the variety of practical situations falling under the scope of such legislation. 

Of note, the new law:

  • Clarifies the definitions of some misleading and aggressive practices and, in some cases, extends the scope of the restrictions. For example, under the new law money requested to be paid by the consumer in view of claiming a prize or another benefit may qualify as an aggressive commercial practice (the former legislation sanctioned the request for such amounts only if the amount was requested in exchange for the actual prize/benefit).  
    • Amends fines for traders engaging in unfair commercial practices by: 
      • Increasing the maximum threshold from RON 50,000 to RON 100,000 (approx. EUR 11,500 to  EUR 22,500); and
      • Adjusting minimum thresholds for misleading commercial practices (RON 5,000, approx. EUR 1,150) and aggressive commercial practices (RON 2,000, approx. EUR 450).
    • Increases the minimum threshold of fines for failure to observe sanctions imposed by the National Consumer Protection Authority or its subordinate bodies from RON 50,000 to RON 100,000 (approx. EUR 11,500 to EUR 22,500) as compared to the former RON 10,000 to RON 100,000 (approx. EUR 2,250 to EUR 22,500);
    • Clarifies terminology with a view to ensure consistency of the existing provisions of the former law; and
    • Regulates the prohibition to market foodstuffs which have exceeded the expiry date and/or the minimum durability date (supplementing Government Emergency Ordinance no. 97/2001).