The consumers are those natural persons who use different products or services for other purposes than professional ones. They are protected by the state by establishing a set of derogatory rules of common law applicable to contractual and extra-contractual relations, rules that defend the rights and legitimate interests of natural persons against harmful abusive practices, as well as against unfair commercial practices.
The norms in question regulate legal relationship created between economic operators and consumers, regarding the purchase of products and services, including financial services. By means of these rules, access to products and services, complete and correct information about the essential characteristics of products and services is ensured within the necessary framework, but the legitimate rights and interests of consumers are also protected against abusive practices.
It can be noted that consumer protection is enshrined both at the national and at the Union level. Thus, according to art. 38 of the Charter of Fundamental Rights of the European Union, Union policies ensure a high level of consumer protection. The main rights enjoyed by consumers are the following: the right to be protected against the risk of good products or services that could harm the life, health or security of consumers, as well as their rights and interests; the right to compensation for damages caused by the quality of non-products and services; the right to complete, correct and precise information on the essential characteristics of products and services, so that consumers’ decisions regarding a product or service best meet their needs; the right to access markets that have consumers or a varied range of quality products and services.
There is an increased attention on standardized contracts and those of adhesion, because their clauses are predetermined by the professionals, the consumers having only the possibility of expressing their consent, according to the specific needs they have. The protection enjoyed by consumers in such cases is represented by various obligations outlined in the task of professionals, such as the obligation of prior information or the obligation of advice. Only by complying with these requirements it can be claimed that the consumer’s consent has been expressed knowingly.
The purchase of non-compliant products, the payment of false fees or commissions, as well as any other violation of consumer rights are grounds for initiating litigation before the competent authorities and courts.
Costaș, Negru and Associații leal team knows and understands the legislation in the field of consumer protection and provides legal services in order to value the rights and legitimate interests of consumers. The best example in this area of expertise is our extensive practice regarding passengers’ rights and adequate compensation for cancelled or delayed flights.