The European Consumer Centre gives information on the relevant EU consumer protection rules and their enforceability in the context of cross-border purchase of goods and services.

European Consumer Centres are operating in almost all Member States of the EU as well as in Norway and Island. One cannot speak about introduction of a uniform practice or system, within the framework of which the centres should operate. There are some countries, where Consumer Centres are operating under the aegis of civil organisations, while in other countries they are operated by the authorities. However, all these do not influence the operation of the network, namely, each Consumer Centre completes its task by oneself, independently of the background institution.
 
The right of operation of the European Consumer Centre of Hungary has been awarded to the National Association for Consumer Protection in Hungary, on the basis of a call for projects initiated by the Ministry of Youth, Family, Social Affairs and Equal Opportunities.
 
One of the most important tasks of the European Union is to develop an integral single market. However, the conditions of the single market have to be fulfilled not only on macro-economic level but on our – consumers’ – level too. For enabling consumers to benefit from the advantages provided by the single market, establishment of the institutions ensuring conditions of the consumer rights’ enforcement is essential.
 
By having joined the European Union, in Hungary there have been evolved significant changes both regarding commercial possibilities and consumers’ behaviour.  In the course of adequate adjustment to the inner market system of the European Union, taking over the consumer protection institutional patterns linked to cross-border trade as well as in the course of right enforcement, a demand upon a certain kind of unionism has developed.

The principle of free movement of goods represents one of the basic principles of the European Union. The right of free movement of persons also belongs to the basic principles. Our accession to the European Union has also resulted among others in much easier travelling and purchasing within the EU. More and more frequently we have an opportunity of making use of favourable or seeming to be favourable services and purchasing articles at reduced prices. In order that one may dare do all of this abroad, without having any scruples, one needs to be aware of where to turn to if any consumer problem arose.

In the case of a purchase in Hungary the answer is quite simple, since having the bill (receipt, warrant letter) one may easily return to the seller of the product or to the service provider. We can also do the same in the case of purchases from abroad; however, usually there might be some difficulties (owing to geographical and language problems).

By cross-border consumer complaints there are understood complaints in relation to purchases of goods or making use of service providing abroad.
 
Regarding cross-border complaints it is a further problem that always the rules being prevalent at the place of sale or service providing have relevance in the case of complaints. That is to say, when making purchases in Austria, we can enforce our claim on the basis of the Austrian law, while in the case of a holiday trip to Spain we can assert our claim according to the Spanish law. Assumedly, none of the consumers is well informed on the consumer law of each member state.
 
Enforcing of cross-border complaints has to be done in front of a forum in another member state, therefore each consumer – on the one hand due to unknowing the system, on the other hand owing to eventual language difficulties – is getting into a more and more defenceless situation.
 
The European Union doesn’t possess any uniform legislation on consumer protection covering all domains. It is especially true regarding the instruments of right enforcement. Even therefore it is essential to harmonise the common consumer protection rules and practices throughout Europe, not only for safety of goods and services but for the aspects of consumers’ economic interests, that would strengthen consumers’ confidence necessary for entering into transactions anywhere in the internal market.
 
The so-called ‘old’ member states of the European Union have already found themselves face to face with these problems from the very first. The European Consumer Centres (ECC) have been established by the aid of Directorate General for Health and Consumer Protection of the European Commission in order to improve remedy of cross-border complaints. It was based on the idea that Consumer Centres to be established in every member state should create a network in order to facilitate formal co-operation.

• Informing consumers on national and EU consumer protection regulations and on their enforceability;
• Giving information, advice and help in order to make consumers acquainted with the possibilities if problems arise after their having purchased goods or made use of services cross-border;
• Rendering assistance in reaching a consensus / an agreement between the consumer and the trader / service provider in a cross-border consumer dispute;
• Making the necessary translations for claim enforcement; 
• If necessary, forwarding the consumer complaint to the competent and authorized alternative dispute resolution board;
• If necessary, forwarding the consumer complaint to the European Consumer Centre of the member state at issue;
• Taking part in improving consumer policy both on international and EU level.
   
  

In the course of their activity the Consumer Centres are dealing exclusively with cross-border consumer complaints. Inland consumer complaints don’t fall within their competence.
 
The activity of the Consumer Centre can be basically divided into two parts; on the one hand, tasks affecting Hungarian consumers, on the other hand, handling of cross-border complaints launched by citizens of other member states.
 
As regards Hungarian consumers, one has to make difference between giving information beforehand and handling consumer complaints afterwards. International experience proves that preventive advising has an important role; namely, several consumer complaints might be avoided or their risks reduced. Dissemination of information is being supported by studies to be published over the year, by the website of the Consumer Centre with a steadily widening content, and last but not least, from now on, by a regular article to be presented in the consumer magazine KOSÁR (= BASKET).
 
In the case of an already launched cross-border consumer complaint, the dispute resolution forum at the residence of the economic organisation is competent to proceed, under the substantive law and procedural regulation of the relevant member state. The consumer’s difficulties arising from turning to the forum of a foreign state will be eased or undertaken by the ‘co-ordinating station’ (Consumer Centre) of the consumer’s own country.
 
This is to say that a complaint – relating to a purchase or service from abroad – can be made in the Consumer Centre of the consumer’s own country, where the complaint will be translated into English language and thereafter forwarded to the Consumer Centre of the relevant other member state. The relevant Consumer Centre as per residence of the economic organisation may contact the economic organisation directly. If the consultation is successful, generally no further actions are needed, and the consumer complaint comes off well. However, should it meet with bad success, the Consumer Centre can inform the consumer on the possibilities of right enforcement, especially of the alternative dispute resolution procedures as well as the conditions thereof – to be forwarded by the national Consumer Centre to the complainant.
 
It results from the foregoing that the procedures of Consumer Centres are based on writing. Consumers may turn to the Consumer Centre either in person or in writing (by e-mail or traditional letter), however, in special cases, first of all for making the necessary translations, the written form is essential.
 
Should consumers of another member state have complaints on the activity of Hungarian economic organisations, it would be expedient for them to contact first of all the Consumer Centre of their own country, (of course, they may also turn directly to the Consumer Centre of the relevant member state) in order to forward the complaint – if necessary – to the Consumer Centre of Hungary. Thus, the Hungarian Consumer Centre would take the necessary steps as described above, translate the complaint into Hungarian, and thereafter enter into contact with the economic organisation at issue. Upon demand it would also provide information on the possibility of claim enforcement.
 
The establishment of the European Consumer Centres wouldn’t mean that this was the only and exclusive way for consumers to settle their cross-border complaints, it is just an option. However, cross-border commerce and the growing number of consumer complaints in this respect definitively proves that establishing and operating of the European Consumer Centre represent an imperative need, in order to strengthen confidence of both the Hungarian consumers and those of other member states to profit from the benefits of the Single Market.