Brussels: Europe and the Arabs
Today, the European Commission and national consumer protection authorities in 25 Member States plus Iceland and Norway released the results of an examination (“survey”) of online traders selling second-hand goods, such as clothing, electronic equipment or toys. The “surveys” are coordinated by the European Commission and carried out simultaneously by national law enforcement authorities. The aim of the survey was to check whether the practices of these traders are in compliance with EU consumer law. The consumer authorities examined 356 online traders and identified 185 (52%) as potentially in breach of EU consumer law. According to a European statement issued today in Brussels, Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection, Michael McGrath, said: “Second-hand goods play a crucial role in the circular economy. It is important that all traders, including those dealing in second-hand goods, uphold consumer rights. The results of our latest survey show that this is not always the case. I urge all affected traders to ensure that their practices are fully compliant with EU consumer law.”
The consumer authorities will now decide whether to take action against the 185 retailers identified for further investigation.

The European statement also states that of the total number of retailers examined:

40% did not inform consumers of their right to withdraw in a clear manner, such as the right to return the product within 14 days without justification or cost;

45% did not properly inform consumers of their right to return defective goods or goods that do not look or function as advertised;

57% did not respect the minimum legal warranty period of one year for used goods;

Of the 34% of retailers who made environmental claims on their website, 20% were not sufficiently substantiated and 28% were clearly false, deceptive or potentially engaged in unfair commercial practices;

5% did not provide their identity correctly, and 2% did not provide the total price of the product, including taxes.

Consumer authorities will now decide whether to take action against the 185 identified traders for further investigation and to require compliance in accordance with their national procedures.
The Consumer Protection Authority is a network of national authorities responsible for enforcing consumer protection laws in the EU. Under the coordination of the European Commission, these authorities work together to tackle consumer law infringements that occur in the single market.
The Consumer Rights Directive and the E-Commerce Directive cover traders’ obligations with regard to consumer information. Traders’ business practices must not mislead consumers and must comply with the Unfair Trading Practices Directive. When selling second-hand goods, traders must also respect their obligations with regard to the legal guarantee of conformity set out in the Sale of Goods Directive.
The new Directive on Empowering Consumers for the Green Transition, once transposed by Member States into their national laws, will ensure that consumers are provided with better information on the durability and repairability of goods and the consumer’s legal guarantee rights at the point of sale. It will also strengthen consumer protection rules against environmental misleading practices and premature obsolescence.
The main sectors of activity concerned are clothing, accessories, electronic equipment, games and toys, books, home appliances, interior design and furniture, CDs and records, baby care products, cars (including electric cars), sports equipment, spare parts, motorcycles and bicycles, garden tools, DIY products and others. The following EU Member States took part in the survey: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden. Iceland and Norway also took part in the survey.