Consumer Law

Areas of Practice

Our Firm was commissioned by the Consumer Protection Service of Cyprus, to conduct an extensive research on the current state of consumer protection law in Cyprus and the EU and suggest a consolidated version of consumer law which is in line with EU consumer protection legislation.

We are proud to have worked with the Consumer Protection Service of Cyprus on the prospective amendment and consolidation of Cyprus Consumer Protection Law. The work included an analysis of over 20 Laws as well as Secondary Legislation dealing with Consumer Protection in the areas of banking, sale of goods and provision of services, advertising, unfair terms in consumer contracts, unfair commercial practices as well as consumer rights and holidays. Consumer law was also compared with the corresponding consumer protection legislation in the EU, UK, Ireland and Finland.

The work included an extensive analysis of the problems arising from the current state of the law including:

  1. whether EU Directives have been implemented correctly,
  2. whether provisions in the said Laws are compatible with constitutional and human rights,
  3. whether existing provisions need to be modernised and
  4. whether the investigatory and coercive powers of the Consumer Protection Service of Cyprus should be enhanced and upgraded.

A detailed analysis of Consumer Law was carried out along with suggestions on the abovementioned areas.

The final stage was the suggestion of a consolidated version of Consumer Law.

The whole work was delivered in early 2018, it consists of over 1600 pages of original material/content and it shows the commitment of the Consumer Protection Service of Cyprus to detect and combat infringements of consumer rights and to modernise consumer protection legislation in Cyprus.

At D. Hadjinestors & Co LLC, we design and implement consumer protection manuals, codes of practice and procedures and advise businesses on how to structure their contracts and advertisements in order to be fully compatible with the fast-changing EU and domestic law on consumer protection. We also represent clients before the Consumer Protection Service.

We also litigate on behalf of consumers and advise on their rights regarding consumer credit agreements as well as in relation to the sale and supply of goods and provision of services.

Areas of consumer protection law which we advise on are the following:

Advertising, Commercial Practices and Consumer Contracts:

  • Directive 2005/29/EC on Unfair Commercial Practices.
  • Directive 2006/114/EC on Misleading and Comparative Advertising.
  • Directive 93/13/EC on Unfair Terms in Consumer Contracts.

Consumer Credit:

  • Directive 2008/48/EC on Consumer Credit Agreements.
  • Directive 2014/17/EU on Consumer Credit Agreements relating to residential immovable property.
  • Directive 2002/65/EC on distance marketing of consumer financial services.

Product Safety:

  • Directive 2001/95/EC on General Product Safety.

Holidays:

  • Directive 90/314/EEC on Package Travel, Package Holidays and Package Tours.
  • Directive (EU) 2015/2302 on Package Travel and Linked Travel Arrangements.
  • Directive 2008/122/EC on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts.

Sale of Goods and Services:

  • Directive 2011/83/EU – Consumer Rights Directive.
  • Directive 1999/44/EC on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees.

 

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