The recent enactment of Law 4512/2018 on 17 January 2018 has introduced, among others, a series of amendments to the framework governing consumer protection in Greece. The most important of these amendments are summarily the following:
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- The definitions of “consumer” and “supplier” are now clarified and amended to conform with ECJ jurisprudence and EU secondary law. In this regard, the consumer’s definition is narrowed down to include only persons acting for purposes which are not related to their trade, business or profession. Small scale enterprises, however, may now enjoy a protection equivalent to that of natural persons, as regards General Terms of Business.
- It is clarified that all goods are covered by a free two (2) year legal guarantee.
- The vendor’s obligation to provide an additional (commercial) guarantee is abolished. A commercial guarantee, however, may be provided following payment of an extra fee or in the form of extension of the guarantee already provided.
- Issues in connection with the provision of an instruction manual and after-sales technical support services are now clarified. Such services include technical, repair and maintenance services, as well as the seamless supply of spare parts and components required for the purchased item.
- General product safety rules and the corresponding producer’s and distributor’s obligations are set out in a clear and inambiguous manner. In addition, the obligations regarding CE marking, i.e. the manufacturer’s declaration that the product meets the requirements of the applicable EC directives, are now clearly defined.
- The provisions on the protection of mental health of minors are being amended to introduce specific arrangements prohibiting the marketing of products which pose a risk to the psychological, mental or moral development of minors, or promote discrimination based on race, sex, religion, nationality, disability or sexual orientation.
- Consumer associations may now be subsidized through donations, sponsorships and aids from scientific institutions, foundations or legal entities. Such donations, however may not stem from individual suppliers or organizations these suppliers belong to.
In addition, Ministerial Decision 5338/2018 has codified Law on Consumer Protection, including all amendments and additions effected over the last years. If you are interested in this recent Codified Version, you may find it by following this link.