In June 2020, the European Union adopted the ‘consumer protection’ directive. The Directive provides that consumers screen titled to cancel their online purchases and receive a full refund for a period of 3 weeks from the product delivery date.
Member states had two years to implement the directive. Poland has yet to introduce legislation but there is already domestic legislation according to which“consumers should be treated fairly when shopping online”.
Zuzannahasjustboughtherselfadress.Sheisdisappointedwhenthedressisdeliveredbut he decides to hold judgment for a few days. She thinks that the dress might grow on her. A week later, it has become abundantly clear to Zuzanna that the dress is not what she needs or wants.
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When Zuzanna calls consumer services, she is told that purchases can only be exchanged within a three-day period as is clearly indicated on the company’s website.
Zuzanna is informed about the European directive which would give her a legal right to a full refund within three weeks of any online purchase.
Zuzanna is not sure whether she might be able to rely upon the directive in a domestic court. Discuss whether the directive has a direct effect and what other legal avenues Zuzanna may pursue on this matter.
Discuss by reference to the principle of direct effect, indirect effect, and state liability. Do not use or refer to existing consumer rights legislation. The scenario is entirely fictitious.
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