Remedy for failure to supply service The consumer has the right to terminate a service contract where the trader fails to supply the service and fails to comply with a request to do so within an additional period. The consumer will have the right to terminate the contract immediately if the trader will not supply the service which is essential […]
Remedy for failure to supply Where a trader fails to supply the digital content or digital service and if they then fail to comply with a consumer’s request to do so without undue delay or within such agreed additional period, the consumer will have the right to terminate the contract. The consumer has the right to terminate the contract immediately […]
Scope A “consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession; “Digital content” means data which are produced and supplied in digital form, including in particular computer programs, applications, video files, audio files, music files, digital games, e-books and other e-publications; A “digital content contract” means a contract under which […]
Contracts for the Supply of Services The supply of services is the dominant feature of the modern economy. Contracts for services are central in a wide range of sectors including services, financial services, professional services, engineering services, healthcare, construction services, entertainments and leisure. The law on the supply of services is less developed and less prescriptive than that in relation […]
Service Providers to Furnish Information There is a number of provisions designed to encourage a high quality of services and to provide information and transparency in relation to service providers and services. They provide for binding obligations for service providers and encourage voluntary measures. The Services Directive requires EU Member States to ensure that service providers make certain information available […]
EU Treaty Rights to Establish and Provide Services A key right under European Union (EU) law is the right of a business established in one EU state to establish itself in another state. A business from outside the EU established in Ireland is entitled, on the basis of being established in Ireland, to also establish itself in tany other EU […]
Overview A practical issue which arises in exercising the right to establish in another member state is the recognition of qualifications. In 2005 the EU adopted a general Qualifications Directive on the mutual recognition of professional qualifications. The Directive applies to regulated professional activities. The recognition of professional qualifications under EU law has been modernised by Directive 2013/55/EU which amended […]
Terms of Contract A consultant/supplier may incorporate his standard terms of agreement. This may be a general services agreement. Specific contracts may govern individual jobs and orders under the scope of the general agreement. There may be a services schedule and a schedule of fees. It may be provided that when services are requested, the supplier may submit a statement […]
Providing Services Cross Border and Establishing The Services Directive applies where a service provider proposes to provide services cross border from his own Member State or seeks to establish a business in another Member State. The Directive requires EU Members States to give effect to these rights. The Directive applies to rules and procedures which the service provider needs to comply […]
Overview The purchaser of a service may be in a position to negotiate the inclusion of terms and conditions in its interest. The following refers to clauses which are drafted largely from the perspective of the purchaser /client and in his interests. A services agreement commonly applies to a range of services applied under it. It may be provided that […]
Purpose of the 2022 Act The purpose of this Consumer Rights Act 2022 is to consolidate and update the legislative provisions that regulate the main types of consumer contract. It also gives effect to Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services, Directive (EU) 2019/771 on certain aspects concerning contracts for […]