Q & A ..........

Should the horizontal instrument regulate commercial
guarantees limited to a specific part?

Option 1: Status quo: the possibility to provide commercial guarantee limited to
specific part would not be regulated by the horizontal instrument.
Option 2: The horizontal instrument would only provide for the information
obligation.
Option 3: The horizontal instrument would include an information obligation and
would provide that, by default, a guarantee covers the entire contract goods.


Should the consumer be free to choose any of the available
remedies?

Option 1: Status quo: consumers would be obliged to request repair/replacement
first, and ask for a price reduction or termination of contract only if the other
remedies are unavailable.
Option 2: Consumers would be able to choose any of the available remedies from
the start. However, termination of the contract would only be possible under
specific conditions.

How should the notions of consumer and professional be defined?

Option 1: An alignment would be made of the existing definitions in the acquis,
without changing their scope. Consumers would be defined as natural persons
acting for purposes which are outside their trade, business or professions.
Professionals would be defined as persons (legal or natural) acting for purposes
relating to their trade, business and profession.
Option 2: The notions of consumer and professional would be widened to include
natural persons acting for purposes falling primarily outside (consumer) or
primarily within (professional) their trade, business and profession.
Option 3: Consumers would be obliged to request repair, replacement or reduction
of price first, and would be able to ask for termination of contract only if these
remedies are unavailable.


In your opinion, which is the best approach to the review of the consumer legislation?

Option 1: A vertical approach consisting of the revision of the individual directives.
Option 2: A mixed approach combining the adoption of a framework instrument
addressing horizontal issues that are of relevance for all consumer contracts with
revisions of existing sectoral directives whenever necessary.