is european law applicable in the UK?

Question

when i look at ebay.co.uk, absolute no professional trader offers a 14 days money back guarantee if i dont like the article, which is in germany (where i come from) a matter of course. so: are the traders supposed to give this guarantee and just "forgot" to tell, or is there no such law?

european law says also 2 years warrany for new and 1 year for used stuff (exept private sellers).

many traders are very kind and offer a 30 days warranty ;-)

if european law is applicable, and if traders refuse to give any warranty at all, then you can drag them to court within 2 years. do they know that and just play poker?!?

thanks a lot
niels

Answer 1

I believe European Law only applies in the UK when it has been specifically adopted in the UK.

Answer 2

Gruss gott...
European law is above national law, at least for the members. Which means yes European law is applicable in the UK (and is applied) Although for your problem there might be more to look at.
1 Is the seller a professional? Then yes there is an obligation to guarantee items.
2 What item is it? The garantee changes accordingly to the nature of the good purchesed. I.E you get a new mobil phone: 1 year garanty but 6months for the battery.
If you have a problem, you could ask a consummer organisation or the consummer officer (ask your local authority/ borough)
In a legal battle, the European court of Justice is the highest authority. Nevertheless European law does not exist for many issues that are left to states to deal with.

Answer 3

EU law is not always automatically intergrated into the Member States own legal systems. Directives set a certain time limit for the laws to be implimented by the memebr state (MS), so the MS can either create new laws or adapt old ones. The thing is, some MS choose not to do it, and there isnt much the EU can do, except fine them. Then there are regulations. these can apply to all MS or just specific ones. These may be of Direct effect (which means any old joe can use them whether they have been intergrated inot the MS laws or not) or indirect (which means only specific secotrs of the MS can uses them if they have not been intergrated...eg Public sector)

The problem is, to take a case all the way to the ECJ, it wil take about 6 years and will cost an absolute fortune, so whats the point.

As for the more specific area of consumer protection, as some one said early, there is a lot more than meets the eye in this area, and so these companies may be acting legally. if theer arnt, theres no way for me or you to enforce you rights under EU legislation.

Answer 4

yes, EU Law is applicable within all EU member states, that why so many are hauled through the EU courts as they like to think they dont have to abide by the european laws! I would hazard a guess that all the EU counties flout laws left right and centre, I live in Spain and they certainly do here!

Answer 5

I think you'll find e-bay is a site where people enter into agreements between themselves as it is an auction site. They are not a wholesaler or a regular supplier acting as a retailer but individuals in an auction, hence EU law does not apply. There are lots of issues around 'rip off e-bay'.

Answer 6

"cover you" from what precisely? on your own sake do not become truly a style of little ones who imagine they're smart because they have regarded up really about human rights so that they imagine that detention constitutes inhuman and degrading therapy because it would not. you'd be extra perfect off targeted on truly doing all of your artwork somewhat than waiting to attempt to seize the college out with some 1/2 baked criminal argument in case you get punished for doing some thing incorrect.

Answer 7

No thank God.Only statutes which have been adopted by the UK Goverment.

Answer 8

UK are run by Europe !!, so based on that assumption, theoretically E.U. laws apply to UK.

UK are quick to use the Eurpean laws when it suits them.. so, if you don't ask, you'll not get.

Go for it !