NOTICE BOARD:
Consumer Protection
Consumer Protection
Study: Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
Code: 79157
ECTS: 4.0
Course coordinators: prof. dr. sc. Marko Baretić
Exam dates:
  • 11. 11. 2019.
  • 03. 02. 2020.
  • 17. 02. 2020.
  • 20. 04. 2020.
  • 08. 06. 2020.
  • 23. 06. 2020.
  • 07. 07. 2020.
  • 07. 09. 2020.
  • 21. 09. 2020.
Exam registration: Studomat
Basic data
Consumer Protection Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
4.0 79157
Lecturer in charge Consultations Location
prof. dr. sc. Marko Baretić

Tuesday 16:00 - 17:30

Trg Republike Hrvatske 3, room 26/II
Literature
Stephen Weatherill; EU Consumer Law and Policy; Edward Elgar Publishing (2013), str. (object Object)
Marco Loos; Review of the European Consumer Acquis; Sellier European Law Pub (2008), str. (object Object)
Consolidated versions of the treaty on European Union and the Treaty on the Functioning of the European Union (selected provisions);
Geraint Howells, Christian Twigg-Flesner, Thomas Wilhelmsson; Rethinking EU consumer law; Routledge (2018)
Tatjana Josipović; Consumer Protection in EU residental mortgage markets: common EU rules on mortgage credit in the Mortgage Credit Directive; Cambridge Yearbook of European Legal Studies vol 16, 2013-2014
Consolidated versions of the treaty on European Union and the Treaty on the Functioning of the European Union (selected provisions); ;
Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 291/91; ;
Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents, amended by Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents; ;
Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety; ;
Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers; ;
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"); ;
Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version); ;
Directive 2009/22/EC on injunctions for the protection of consumers interests (codified version); ;
Directive 2011/83/EU on consumer rights; ;
Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC, OJ 2002 L 271/16.; ;
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts; ;
Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC; ;
Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts; ;
Regulation 524/2013 on online dispute resolution for consumer disputes; ;
Council Directive of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (85/374/EEC) amended by Directive 1999/34/EC of the European parliament and of the Council of 10 May 1999 amending Council Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products and Council Resolution of 19 December 2002 on amendment of the liability for defective products; ;
Council Resolution of 7 May 1985 on a new approach to technical harmonization and standards; ;
Preliminary programme of the European Economic Community for a consumer protection and information policy (1975); ;
Green Paper on the Review of the Consumer Acquis, Commission of the European Communities, 2007; ;
Directive 2014/17/EU on credit agreements relating to residential immovable property; ;
Directive (EU) 2015/2302 on package travel and linked travel arrangements; ;
Twigg-Flesner, Christian; A Cross-Border-Only Regulation for Consumer Transactions in the EU; Springer (2012)
Geraint G. Howells, Stephen Weatherill; Consumer Protection Law; Gower Publishing, Ltd. (2005), str. (object Object)
Hans Schulte-Nolke, Christian Twigg-Flesner, Martin Ebers; EC Consumer Law Compendium; Walter de Gruyter (2008), str. (object Object)
Lynden Griggs, Eileen Webb, A. Y. M. Freilich; Consumer Protection Law; (2008), str. (object Object)
W. H. van Boom, Marco Loos; Collective Enforcement of Consumer Law; ISBS (2007), str. (object Object)
Christopher J. S. Hodges; The Reform of Class and Representative Actions in European Legal Systems; Hart Pub Limited (2008), str. (object Object)
Christopher J. S. Hodges; European Regulation of Consumer Product Safety; Oxford University Press on Demand (2005), str. (object Object)
Description
This course is primarily developed for foreign students who participate in the ERASMUS exchange programme. Students of the Faculty of law of the University of Zagreb can as well enrol the course as an elective subject within the 9th semester of Master of law study.

After successfully finishing the course students are expected to gain a general knowledge on the consumer protection law in the European Union, notably its main features, sources of law, regulation techniques and specific provisions. They should be able to enumerate main rights of consumers, main sources of law of consumer protection, fields of protection and main features of consumer protection regulation. Furthermore, students are expected to be able to detect different modalities of judicial and alterative protection of consumer rights. Finally, after successfully finishing the course students are expected to acquire specific knowledge which will help them in solving practical problems.
Exam dates
11. 11. 2019.
03. 02. 2020.
17. 02. 2020.
20. 04. 2020.
08. 06. 2020.
23. 06. 2020.
07. 07. 2020.
07. 09. 2020.
21. 09. 2020.
Detailed data
Cognitive Skills:

After successful mastering of the course students will be able to:
- Define the legal sources of legal regulation of consumer protection in the Republic of Croatia and the EU
- Explain the historical development of consumer protection
- Explain the relationship of local consumer protection rules and European Law
- Describe different techniques of implementation of European Law in the field of consumer protection in the national law
- Explain the terms of minimum and maximum harmonization
- Explain the terms of horizontal and vertical approach to harmonization
- Describe the main characteristics of consumer protection law
- Define the fundamental elements of the legal regulation of product safety
- Explain the "old" and "new" approach to regulation of product safety in the EU law
- Identify the basic characteristics of the "new" approach to product safety in the EU law
- Explain the concepts of regulation and deregulation of product safety
- Describe and explain the basic features of the general system of legal regulation of product safety
- Identify specific regulation of product safety
- Define the concept of unfair commercial practices
- Identify problems that tend to annul legal regulation of unfair commercial practices
- Explain the differences between some forms of unfair business practices
- Identify the scope of the particular nation of any obligation Planning Consumer Protection
- Describe the fundamental characteristics of consumer contract law
- Define the concept of unfair contract terms in consumer contracts
- Recognize the assumptions for the assessment of the unfairness of contract terms in consumer contracts
- Explain the concept and role of the so-called. "Gray" list of unfair contract provisions
- Define the concept of liability for material defects and term guarantee for the correctness of things
- Identify specific manifestations of material defects
- Describe the rights of consumers in the case of material defects
- Define the timeframe of validity of liability for material defects
- Define contracts negotiated away from business premises and distance contracts
- Explain the content of the legal protection of consumers when concluding contracts outside the trader's business premises and the conclusion of distance contracts
- Define the contract on consumer loan
- Identify the scope of the legal provisions on the contract of consumer loan
- Explain the content of legal protection during the conclusion of the consumer loan
- Define timeshare contract
- Identify the scope of the legal provisions on the contract of timeshare
- Explain the content of legal protection during the conclusion of the timeshare
- Describe the system of liability for defective products
- Define the fundamental concepts of liability for defective products
- Identify the person responsible for the defect in the product
- Describe the scope of liability in case of damages caused by a defective product
- Identify reasons for any liability for defective products
- Mark the timeframe liability for defective products
- Define and explain the basic forms of collective consumer protection
- Explain the purpose and intent of the rules on collective consumer protection
- Explain the difference between the system of protection of collective interests of consumers and the system of collective protection of individual interests of consumers
- Define and explain the basic forms of alternative dispute resolution of consumer disputes

APPLICATION
After successfull mastering the course students will be able to:
- Allocate rules on consumer protection in individual content units
- Demonstrate the ability to correct the legal qualification of the individual case
- Use appropriate legal terminology in the presentation and practical application of acquired knowledge
- Illustrate by practical examples the concept of unfair commercial practices and unfair contract terms
- Apply the adopted rules on consumer protection to concrete life situations

ANALYSIS
After successfull mastering the course students will be able to:
- Distinguish the public law of private-content consumer protection
- Compare the pros and cons of vertical versus horizontal established legal regulation of consumer protection
- Analyze the relationship and the degree of compliance of the general and specific legal regulation of consumer protection
- Outline the pros and cons of "new" and "old" approach to product safety
- Check the frequency of warnings about the dangers of certain products from Croatia in the RAPEX system
- Distinguished manifestations of deceptive business practices of the forms of aggressive commercial practices
- Compare the system of protection of consumers from unfair business practices with the system of protection of consumers against unfair contractual provisions
- Compare the concepts of "black" and "gray" list of unfair practices / unfair terms
- Connect special obligation regulations of consumer protection rules with the general obligation-regulation
- Analyze the peculiarities of obligational rules on consumer protection in relation to general obligatory legal regulation
- Analyze the particular facts of the case, to extract relevant facts and to offer a solution of this case to the facts of this case connection with the adopted legal rules to protect consumers
- Factual distinction as to protect the collective interests of consumers of cases of collective management of individual consumer interests

SYNTHESIS
After successfully mastering the course students will be able to:
- Associate general legal regulation with special legal regulation of consumer protection
- To have an opinion on the adequacy / inadequacy of the system of minimum and maximum harmonization
- To have an opinion on the appropriateness / inappropriateness of vertical versus horizontal establish the legal regulation of consumer protection
- To have an opinion on the degree of completion of the construction of a special system of contract law for consumers
- To propose possible measures to improve the efficiency of the existing system of consumer protection
- Formulate measures for annulment or rehabilitation observed divergence between the general and special nation of any obligation Planning obveznoprvnog Planning Consumer Protection
- Suggest areas of market relations that should be specifically regulate the rules on consumer protection

EVALUATION
After successfull mastering the course students will be able to:
- Assess the level of protection of consumers on the market
- Assess the extent to which the national system of consumer protection result of the implementation of European law
- Assess the degree of compliance of national consumer protection system with the European system of consumer protection
- Evaluate the effectiveness of the current system of consumer protection
- Assess the extent to which consumers familiar with the legal regulation of consumer protection
- To conclude, based on the analysis of the existing system of consumer protection, the extent to which the system is adapted average consumer
- Evaluate the existing system of product safety in terms of the efficiency of suppression of occurrence of unsafe products on the market
- Compare and evaluate the effectiveness of specific conformity assessment system products
- Evaluate the appropriateness of the existing structure defining an unfair commercial practice
- Evaluate the existing system of protection against unfair contractual provisions and assess the adequacy of the concept of "gray" list of unfair contract provisions

Practical and Generic Skills:

After successful mastering of the course students will be able to:

  • Use the appropriate legal terminology
  • Present in a clear, systematic and structured way adopted learning outcomes
  • Practically apply the acquired knowledge in concrete situations
  • Be able to find relevant legal sources of consumer protection, both domestic and EU sources
  • Be able to search relevant databases in respect of defective products
  • Be able to search relevant databases in terms of case law, both domestic and the Court of Justice of the European Union
  • Participate in team work
Matching Assessments to Learning Outcomes:

Learning outcomes will be tested by a written exam and through activities in class. During the course, students will be assigned specific tasks they will, either alone or in cooperation with other students in a group, be obliged to solve. For example, depending on the particular lesson, students will be required to independently find relevant sources of law and independently review them. Furthermore, classes are taught interactively, so during the teaching it will be monitored to which extent the students have solved their tasks and whether they have acquired the necessary knowledge and also in which measure they are able to apply these skills and use them for analysis, synthesis and evaluation. The final assessment is carried out through a written exam of an essay type. In this exam, the student is offered five sections of which he will choose three and systematically process them. The questions that lead him through the essay are structured, so that the level of knowledge and understanding of materials, the degree of student ability to apply the knowledge and the ability to analyze the collected knowledge, synthesis and evaluation of the studied material will be assessed.