NCJ Number
58672
Date Published
1976
Length
13 pages
Annotation
A BRIEF HISTORY OF BELIGIAN CONSUMER PROTECTION LAWS IS OUTLINED, AND THE CURRENT STATE OF CONSUMER LAW IN BELGIUM, AND THE GENERAL IMPACT OF IT, ARE ANALYZED.
Abstract
IN THE PAST, BELGIAN LAWS INFLUENCING CONSUMER PROTECTION WERE BASED ON AN IMPLIED UNDERSTANDING THAT, EXCEPT WHERE A CONSUMER HAS SUFFERED DIRECT HARM GIVING A RIGHT TO DAMAGES, THE RIGHT OF THE PUBLIC WOULD BE PROTECTED BY COMPETING TRADERS POLICING ONE ANOTHER. THE RESULT EXPECTED UNDER THIS STRATEGY WAS NOT ACHIEVED. CURRENT CONSUMER LAW DEALS WITH THE FOLLOWING ISSUES: (1) MISREPRESENTATION OF THE NAME OF THE MANUFACTURER OF A PRODUCT; (2) MISREPRESENTATION OF THE IDENTITY OR ORIGIN OF A PRODUCT, DECEPTION AS TO QUANTITIES, AND ADULTERATION OF FOODSTUFFS; (3) PROVISIONS RELATING TO DESIGNATION OF ORIGIN; (4) RULES GOVERNING ITINERANT TRADE; (5) PROVISIONS GOVERNING BEVERAGES; (6) PROVISIONS GOVERNING THE INSPECTION OF FOODSTUFFS OR FOOD SUBSTANCES AND OTHER PRODUCTS; AND (7) THE TRADE PRACTICES LAW OF 1971 WHICH GOVERNS THE INDICATION AND COMPARISON OF PRICES, INDICATION OF QUANTITIES, THE NAME AND COMPOSITION OF PRODUCTS, DESIGNATIONS OF ORIGIN, DECEPTIVE ADVERTISING, VARIOUS TYPES OF SALES, CHAIN SELLING, AND ACTS CONTRARY TO FAIR PRACTICE. MEANS FOR COLLECTING DAMAGES ARE THE TRADITIONAL CIVIL ACTION; CRIMINAL ACTION IN THE AREAS OF ITINERANT TRADE, DESIGNATIONS OF ORIGIN, INSPECTION OF FOODSTUFFS, AND PROVISIONS SUBJECT TO CRIMINAL LAW SANCTIONS IN THE 1971 LAW; AND INJUNCTION AGAINST UNFAIR TRADE PRACTICES. ALTHOUGH A COMPREHENSIVE ARSENAL OF CONSUMER LAW EXISTS, THERE ARE STILL CONSUMER COMPLAINTS ABOUT THE COST OF GAINING REDRESS FOR INJURIES. THE SOLUTION MAY BE TO CREATE AN OFFICE OF BUSINESS PROSECUTOR ACTING EITHER UNDER THE AUSPICES OF THE MINISTRY FOR ECONOMIC AFFAIRS OR THE ORDINARY COURTS TO REFER CASES DIRECTLY TO THE PRESIDING JUDGE OF THE COMMERICAL COURT, REPRESENT THE EXECUTIVE AT THE HEARING, MAKE SUBMISSION, AND ACT AS PLAINTIFF. (RCB)