1. Consumer Law and Services of General Interest
Peter Rott, Bremen

2. Outline Introduction The regulatory approach of EC consumer law
EC regulation of services of general interest
Conclusions

3. Services of general interest
Mainly the big network industries: energy, telecommunication, postal services, public transport
1980s until now: liberalisation and privatisation
From public law to private law
Numerous problems for users/consumers
Targeted by the current EC Consumer Policy Strategy

4. Characteristics of EC consumer law
Focus on the so-called average consumer
Information paradigm as far as the protection of economic interest is concerned
Little use of prohibitions
Trend towards total harmonisation, not always at a high level of consumer protection
Pressure on national prohibitions

5. EC regulation of services of general interest
Internal market law including consumer protection
Universal service obligations: Guaranteed access for everyone, whatever the economic, social or geographical situation, to a service of a specified quality at an affordable price
Regulatory mix, see eg Art. 3 of Directive 2003/54/EC

6. Internal market approach
Breaking up monopolies – interconnectivity and transmission, controlled by regulators
Information obligations
Right to change supplier
Consumer‘s right to transmission of third party‘s supply

7. Universal service obligations
No overarching competence, in particular not Art. 16 EC
Art. II-96 of the new Constitution is stalled
Sector-specific approach under the internal market competence:
Dir. 2002/22/EC – telecommunications
Dir. 97/67/EC – postal services
Dir. 2003/54/EC – electricity
Dir. 2003/55/EC – natural gas

8. Universal service elements
Access to services: Right to a contract, vague restrictions to termination
Affordability: All users should have affordable access, comparable conditions, but: no price control mechanisms in EC law
Quality
Continuity

9. What is the future? Risks of the internal market approach:
Focus on those citizens that are of interest for the suppliers
Restrictions on national welfare policies (total harmonisation)
Therefore need for universal service obligations (human rights, citizens‘ rights)

10. Conclusion
Consumer law is important, and privileges for providers of services of general interest must be abolished
However, the real challenge lies in formulating precise and enforceable universal service requirements that guarantee access for everyone, whatever the economic, social or geographical situation, to a service of a specified quality at an affordable price