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Hartmann Juris  ›  Consumer rights in the European Union
Jurisdiction · European Union

Consumer rights in the European Union

EU law sets a floor that every member state must meet. For a consumer buying across a border inside the Union, that floor plus two jurisdiction rules is usually enough to make a claim work.

Consumer protection in the Union is set by directive, which means member states write it into their own statute books. The wording differs per country, the substance does not. A retailer in Germany, Poland or Spain selling to a Dutch consumer is bound to the same minimum as a Dutch one.

What the directives guarantee

RightWhat it meansSource
14-day withdrawalCancel a distance purchase without giving reasons, counted from receipt of the goods.Consumer Rights Directive 2011/83/EU
Refund in 14 daysAll payments back, including the cost of standard delivery.Consumer Rights Directive
Delivery in 30 daysWithout undue delay and in any event within thirty days, unless otherwise agreed.Consumer Rights Directive
Two-year liabilityThe seller answers for a lack of conformity that appears within two years of delivery.Sale of Goods Directive (EU) 2019/771
Reversed burden of proofFor at least the first year, a defect is presumed to have existed at delivery.Sale of Goods Directive
Unfair terms are not bindingA term that creates a significant imbalance to the consumer's detriment does not bind them.Unfair Contract Terms Directive 93/13/EEC

Member states may go further than the floor and several do. The presumption period in particular runs longer than one year in some countries. Which national statute applies is settled by the rule below.

The two rules that decide a cross-border case

  • Which law applies. Article 6 of the Rome I Regulation: the law of the consumer's own country, provided the trader directs its activities there. A site in your language, prices in your currency and delivery to your address is directing activities.
  • Which court may hear it. Articles 17 to 19 of the Brussels I bis Regulation: the consumer may sue in the courts of their own domicile, and may only be sued there. A clause in the terms choosing the seller's home court does not override this.

Together these mean a consumer almost never has to litigate abroad, and that the seller's own conditions cannot move the case to a friendlier forum.

Routes that do not need a lawyer

  • European Small Claims Procedure. Regulation 861/2007, for cross-border claims up to five thousand euros. Written procedure, standard forms, judgment enforceable in other member states without further formality.
  • European Order for Payment. Regulation 1896/2006, for uncontested cross-border money claims. Fast, and it collapses into an ordinary procedure if the debtor objects.
  • The European Consumer Centres. Free mediation in cross-border disputes within the EU, Norway and Iceland. They cannot compel anything, but they are effective with businesses that care about their standing.
The ODR platform is gone

The European Online Dispute Resolution platform, for years the standard link in every webshop footer, was wound down in 2025. Sites still linking to it are pointing consumers at a dead end. The national ADR bodies and the European Consumer Centres are the routes that remain.

Where this stops

None of the above applies to a seller outside the Union. A shop operated from outside the EEA that merely ships into it is not reachable through Brussels I bis in any practical sense, even where the law formally says otherwise. There the route is the payment network and the marketplace, not the courts. See international recovery.

A seller elsewhere in the EU?

Your own law applies and your own court has jurisdiction. We write in the language of the country they sit in.