Act No. 28 / 2011 Coll.
Act amending Act No. 40 / 1964 Coll., Civil Code, as amended, and other related laws
Valid
Effective from 23.02.2011
28
THE LAW
of 26 January 2011
amending Act No. 40 / 1964 Coll., Civil Code, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Consumer Protection Act
Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 217 / 1993 Coll., Act No. 40 / 1995 Coll., Act No. 104 / 1995 Coll., Act No. 110 / 1997 Coll., Act No. 356 / 1999 Coll., Act No. 64 / 2000 Coll., Act No. 151 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 227 / 2003 Coll., Act No. 214 / 2006 Coll., Act No. 439 / 2003 Coll., Act No. 119 / 2004 Coll.
1. footnote 1 shall read:
"(1) Directive 2005 / 29 / EC of the European Parliament and of the Council on unfair commercial practices towards consumers 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 (Directive on unfair commercial practices). Council Directive 69 / 493 / EEC on the approximation of the laws of the Member States relating to crystal glass. Directive 94 / 11 / EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the labelling of materials used in the essential parts of footwear sold to consumers. Council Directive 87 / 357 / EEC on the approximation of the laws of the Member States relating to products the true nature of which is not identifiable and which therefore endanger the health or safety of consumers. Directive 96 / 74 / EC of the European Parliament and of the Council on textile names. Directive 2008 / 122 / EC of the European Parliament and of the Council on consumer protection in relation to certain aspects of temporary accommodation (timeshare) contracts, long-term recreational products, resale and exchange. ';
2. In Article 23, the following paragraph 13 is added:
"(13) The Czech Trade Inspection Office shall supervise compliance with the obligations arising from the provisions of the Civil Code (30) governing the contract in which the contract is negotiated for consideration.
(a) the use of one or more accommodation facilities for more than one period of time, where the contract is negotiated for a period of more than 1 year (hereinafter referred to as "temporary use of the accommodation");
(b) an advantage associated with accommodation where the contract is negotiated for a period of more than 1 year (hereinafter referred to as "long-term recreational product"),
(c) assistance in the payment of transfer of temporary use of accommodation or long-term recreational product (resale); or
(d) participation in an exchange system enabling the consumer to transfer the right to use accommodation facilities or other services associated with the temporary use of accommodation (hereinafter referred to as "exchange").
30) § 58 et seq. of Act No. 40 / 1964 Coll., as amended. '
3. In the introductory sentence of Article 24 (1), the words "or 'shall be replaced by a comma after the word" supplier' and the words "or another entrepreneur 'shall be inserted after the word" seller'.
4. In Article 24, the following paragraph 8 is inserted after paragraph 7:
"(8) The legal offence shall be committed by those who, in connection with the offering or conclusion of a contract in which the temporary use of accommodation, long-term holiday product, resale or exchange is negotiated against payment,
(a) does not provide the consumer with information provided for in specific legislation, free of charge and in good time before the conclusion of the contract, or before the consumer is bound by his proposal to conclude a contract (hereinafter referred to as "pre-contractual information");
(b) it shall not give evidence to the consumer sufficiently in advance of the conclusion of the contract, or before the consumer is bound by his proposal to conclude the contract, to his right to withdraw from the contract, or to the length of the withdrawal period or to the prohibition of receiving advances, other transactions or collateral during the withdrawal period;
(c) does not indicate where and how pre-contractual information can be obtained when offering temporary use of accommodation, long-term recreational product, resale or replacement;
(d) does not clearly indicate the purpose and nature of the invitation to tender or ensure that pre-contractual information is available to the consumer for the duration of the action;
(e) placing on the market or offering temporary use of accommodation or long-term recreational product as a way of evaluating consumer funds;
(f) not to inform the consumer in writing before the conclusion of the contract if the information contained in the draft contract differs from the pre-contract information or does not explicitly indicate such changes in the contract;
(g) shall not indicate the place of residence, place of business or registered office of each of the Contracting Parties and the date and place of conclusion of the contract;
(h) does not ensure that the consumer signs separately any arrangement on the right of withdrawal, the length of the withdrawal period and the prohibition of acceptance of advances, other transactions or their provision during the withdrawal period;
(i) does not provide the consumer with a duly completed withdrawal form;
(j) shall not forward to the consumer, as soon as the contract has been concluded, a signed copy thereof;
(k) does not provide the consumer with pre-contractual information in writing or in writing with regard to changes to pre-contractual information pursuant to Section 62 (2) of the Civil Code so that the consumer has easy access to it;
(l) does not provide pre-contractual information or conclude a contract with the consumer in the language required in § 65 of the Civil Code;
(m) shall not distribute payments to the consumer for a long-term recreational product into annual instalments of the same amount, taking account, where appropriate, of price developments, if agreed, or send a notice to the consumer to make the payment in writing not later than 14 days before the due date; or
(n) requires or accepts from the consumer the payment of advances or other transactions or their provision in breach of Sections 66 (2) and 69 of the Civil Code. ';
Paragraphs 8 to 10 shall be renumbered paragraphs 9 to 11.
5. in Article 24 (10), the following point (b) is inserted after point (a):
"(b) CZK 2 000 000, if it is an administrative offence pursuant to paragraph 8,"
Points (b) to (d) shall be renumbered (c) to (e).
6. In Paragraph 24 (10), at the end of point (d), the words "paragraph 8 'are replaced by the words" paragraph 9'.
7. in Article 25 (2) (a), the words "in whose statutes these objectives are stated" shall be replaced by "or professional organisations having a legitimate interest in consumer protection."
8. In Section 26, the words "or professional organisations having a legitimate interest in consumer protection 'are inserted after the word" the association' and the words "or professional organisations having a legitimate interest in consumer protection 'are inserted after the word" the association'.
Amendment of the Act on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended
Act No. 40 / 1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended, as amended, as amended, Act No. 258 / 2000 Coll., Act No. 231 / 2001 Coll., Act No. 256 / 2001 Coll., Act No. 138 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 132 / 2003 Coll., Act No. 217 / 2004 Coll., Act No. 226 / 2004 Coll., Act No. 160 / 2004 Coll., Act No. 480 / 2008 Coll., Act No. 296 / 2008 Coll., Act No. 344 / 2005 Coll., Act No. 25 / 2006 Coll., Act No. 109 / 2007 Coll., Act No. 160 / 2007 Coll., Act No. 36 / 2008 Coll., Act No. 296 / 2008 Coll.
1. footnote 1 shall read:
"(1) Council Directive 84 / 450 / EEC of 10 September 1984 on the approximation of the laws, regulations and administrative provisions of the Member States relating to misleading advertising, as amended by Directive 97 / 55 / EC of the European Parliament and of the Council of 6 October 1997 amending Directive 84 / 450 / EEC on misleading advertising, to include comparative advertising. Directive 2005 / 29 / EC of the European Parliament and of the Council of 11 May 2006 on unfair commercial practices towards consumers in the internal market and amending Council Directive 84 / 450 / EEC, Directives 97 / 7 / 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 (Directive on unfair commercial practices) (Text with EEA relevance). Article 7, 8 and 9 of Commission Directive 91 / 321 / EEC of 14 May 1991 on infant formulae and follow-on formulae, as amended by Commission Directive 1999 / 50 / EC of 25 May 1999 amending Directive 91 / 321 / EEC on infant formulae and follow-on formulae (Text with EEA relevance), Commission Directive 2003 / 14 / EC of 10 February 2003 amending Directive 91 / 321 / EEC on infant formulae and follow-on formulae (Text with EEA relevance) and Directive 96 / 4 / EC amending Directive 91 / 321 / EEC. Article 2 of Directive 2000 / 13 / EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, offering for sale and advertising of foodstuffs, as amended by Commission Directive 2001 / 101 / EC of 26 November 2001 amending Directive 2000 / 13 / EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, marketing and advertising of foodstuffs and Commission Directive 2002 / 67 / EC of 18 July 2002 on the labelling of foodstuffs containing quinine and foodstuffs containing caffeine (Text with EEA relevance). Article 2, 3, 4, 5 and 10 of Directive 2003 / 33 / EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to advertising on tobacco products and sponsorship related to tobacco products (Text with EEA relevance). Article 86, 89, 90, 91, 94, 95 and 96 of Directive 2001 / 83 / EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, as amended by Directive 2002 / 98 / EC of the European Parliament and of the Council of 27 January 2003 laying down quality and safety standards for the collection, testing, processing, storage and distribution of human blood constituents and amending Directive 2001 / 83 / EC and Commission Directive 2003 / 63 / EC of 25 June 2003 amending Directive 2001 / 83 / EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use (Text with EEA relevance) and Directive 2004 / 27 / EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001 / 83 / EC on the Community code concerning medicinal products for human use (Text with EEA relevance). Article 85 of Directive 2001 / 82 / EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products, as amended by Directive 2004 / 28 / EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001 / 82 / EC on the Community code relating to veterinary medicinal products (Text with EEA relevance). Article 6 of Council Directive 89 / 398 / EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses. Article 9 (2) (c) of Council Directive 80 / 777 / EEC of 5 July 1980 on the approximation of the laws of the Member States relating to the exploitation and sale of natural mineral waters. Articles 69, 94 (2) and 100 of Directive 2004 / 27 / EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001 / 83 / EC on the Community code relating to medicinal products for human use (Text with EEA relevance). Directive 2008 / 122 / EC of the European Parliament and of the Council on consumer protection in relation to certain aspects of temporary accommodation (timeshare), long-term recreational products, resale and exchange contracts. '
2. The following Section 5i is inserted after Section 5h, including the title and footnote 26b:
Advertising of temporary use of accommodation or associated services
(1) Advertising of the use of one or more accommodation facilities for more than one period of time, where the contract is negotiated for a period of more than 1 year (hereinafter referred to as "temporary use of accommodation"), for the benefit of accommodation where the contract is negotiated for a period of more than 1 year (hereinafter referred to as "long-term recreational product"), for assistance in the transfer of temporary use of accommodation facilities or long-term recreational product (hereinafter referred to as "resale"), or for participation in an exchange system which enables consumers to transfer the right of use of accommodation or other services connected with temporary use of accommodation facilities (hereinafter referred to as "exchange") under another legal provision 26b "shall include an indication of the consumer's right to obtain information which must be provided to the consumer before the conclusion of the contract, or the consumer is subject to his proposal for the conclusion of the contract, including an indication of the location and of such information.
(2) An advertisement for the temporary use of accommodation, long-term holiday product, resale or replacement shall also be considered as a tender or sales event under which a contract may be negotiated in which temporary use of accommodation, long-term holiday product, resale or exchange is negotiated. An invitation to such events shall contain a clear indication of the purpose and nature of the action.
(3) Temporary use of accommodation or long-term recreational product shall not be offered by advertising as a way of evaluating consumer funds.
26b) § 58 et seq. of Act No. 40 / 1964 Coll., Civil Code, as amended. '
3. in Article 8 (2) (b), the words "," shall be inserted after "§ 5h."
4. In § 8a (2) (g), the words ", § 5i 'are inserted after the words" § 5h'.
5. In § 8a (3) (f), the words ", § 5i 'are inserted after the words" § 5h'.
EFFECTIVE
This Law shall take effect on 23 February 2011.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 28 / 2011 Coll., amending Act No. 40 / 1964 Coll., Civil Code, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.02.2011 |
|---|---|
| Effective from | 23.02.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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