Due to the free movement of goods and services in the European Union (EU), the entire EU internal market is open to consumers in Estonia as one of the Member States. Buying goods or ordering services from other countries has become commonplace. Cross-border purchases are mostly made online, and various cross-border service agreements are concluded on a daily basis.
In the European Union, including Norway, the United Kingdom and Iceland, consumers are guaranteed more or less the same rights when buying goods in all Member States. In addition, passenger rights have been harmonised.
European Consumer Centres Network
In order to make consumers feel as confident when shopping in other EU Member States as in their home country, special European Consumer Centres (ECCs) have been set up, forming European Consumer Centres Network (ECC-Net). The network consists of 29 centres located in all 27 EU Member States, plus Norway and Iceland. The centres provide free advice and assistance to consumers who have problems with cross-border transactions.
In Estonia, the rights of consumers in making cross-border purchases are protected by the EU Consumer Centre attached to the Consumer Protection and Technical Regulatory Authority. The EU Consumer Advice Centre is a member of the ECC-Net, with the main task of resolving cross-border consumer complaints.
The centre offers consumers a full service:
- information on consumer rights in EU Member States;
- advice on how to handle problems that have arisen when making cross-border purchases;
- resolution of specific cross-border complaints in cooperation with the ECC centre in the country where the trader is established; or
- mediation of complaints to competent out-of-court bodies in the country where the trader is established.
Resolution of cross-border complaints
If the purchased goods show defects or the performance of the service contract does not proceed as expected, a complaint must first be made to the trader. The first step in resolving a complaint must always be the negotiation phase with the seller and the attempt to reach an agreement. This should be done by the consumer and it is essential that the complaint and its desired solution be presented to the seller in writing.
If no agreement can be reached with the trader and the consumer feels that their rights have been infringed, the EU Consumer Centre can be contacted regarding one’s rights or to file a complaint with the trader.
The purpose of the ECCs in handling complaints is to reach a compromise solution and, if necessary, to refer the consumer’s complaint to an out-of-court body in the country where the seller is established. The services provided by the ECC centres are free of charge.
You can submit a request for information or a complaint to the EU Consumer Centre on their website, and the request for information will be answered within 30 days. In order to resolve the dispute, the complaint shall be forwarded to the ECC centre in the country where the trader is established, and the speed and progress of the proceedings shall depend on the organisation and national procedures of the respective ECC centre.
The European Small Claims Procedure
The purpose of the European Small Claims Procedure is to simplify and speed up cross-border litigation and to reduce the costs of judicial proceedings. The procedure is applicable in all Member States of the European Union except Denmark.
Such a procedure can be used in cross-border civil and commercial cases where the value of the claim does not exceed EUR 5 000. The European Small Claims Procedure is a written procedure based on forms specifically designed for that purpose. Forms and information on how to start proceedings can be found on the European e-Justice Portal.
The Small Claims Procedure is an additional option for a consumer who has failed to resolve a dispute with a trader from another Member State. However, judicial proceedings should always remain the last resort in resolving a problem. In the event of a dispute, an attempt should first be made to negotiate with the trader in order to find a satisfactory solution. The EU Consumer Centre can help the consumer in mediating a cross-border complaint to an out-of-court entity in the Member State where the trader is established.
References
- The European Consumer Centre of Estonia
- About consumers rights in EU (Your Europe)
- European Consumer Centres Network (ECC Net)
- The European e-Justice Portal
Services
- Submitting a complaint in relation to cross-border transactions in the EU
- Web-based resolution of complaints related to online traders (ODR Platform)