Round table on "Consumer Protection"

Among the many initiatives organised by the Institute for the State and the Law on the occasion of the 145th anniversary of the Bulgarian Academy of Sciences was a scientific discussion held on 16 May 2014, organised jointly with the Faculty of Law of Plovdiv University. Its topic was "Consumer Protection".

A panel of seven participants acquainted those present with current issues of the legal regulation of consumer protection in Bulgaria, as well as with the international legal instruments in this field.

Attorney Madlen Kavrakova, lecturer at the Faculty of Law of Plovdiv University "P. Hilendarski", briefly presented the main provisions of the Consumer Protection Act and of the European legal norms created for the protection of consumers, which form an integral part of Bulgarian law. She dwelt on certain terminological peculiarities and discrepancies between European and Bulgarian legal regulation. In some cases these discrepancies are due to poor translation of the European directives; in others, a different legal regulation of the respective institutions appears to have been intended, as, for example, in the case of the arbitration clause in the general terms and conditions of traders.

The questions relating to international legal regulation in the field of consumer protection were discussed by Prof. Tsvetana Kamenova, PhD, Director of the Institute for the State and the Law at the Bulgarian Academy of Sciences. In her paper she noted that the main types of "international consumption" today are electronic commerce, transactions relating to tourist services, and tort liability relating to imported goods. Transactions with an international element concluded by consumers concern not only trade in goods but also cover the services used by consumers. This is a new branch of the global economy, which includes the cultural industry, distance education, etc., as well as "shared ownership" (time share). In 2008, within the International Law Association, based in London, a special committee was established, comprising scholars from different countries, whose task is "to undertake a study of 'international consumer protection'", for which purpose the committee will carry out comparative legal research on the various national legislations and the consumer protection standards they offer. In conclusion, she noted that questions of consumer protection are not of interest solely to national legal systems. The globalisation of markets has changed not only the way in which we produce, but also the way in which we consume. The new "citizen of the world" is also a "global consumer". This is a circumstance that adds new dimensions to the area we call international consumer protection.

It is no coincidence that the Faculty of Law of Plovdiv University was the co-organiser of this scientific event: it hosts a legal clinic for the protection of consumer rights, in which students acquire practical experience and knowledge of the legal defence of these rights. A civil association for the protection of consumer rights is also registered in Plovdiv, in which a number of attorneys – graduates of the Faculty of Law of Plovdiv University – take part. The main paper, on the topic "Arbitration and Consumers in the Case Law of the Supreme Court of Cassation and the Court of Justice of the EU", was delivered by Chief Assist. Prof. Dimitar Dekov, PhD. Four separate papers then analysed the unfair terms in the general terms and conditions of BTK (attorney Stanislav Mishev), the unfair terms in the leasing contracts of Sofia France Auto AD (attorney Stoyan Memtsov), the unfair terms in the general terms and conditions of EVN Elektrosnabdyavane OOD (Chief Assist. Prof. D. Dekov, PhD), and the unfair terms in the contracts of the Tissue Bank, Cryocenter Bulgaria AD (attorney Sonya Kavrakova). Great interest in the discussion was shown not only by researchers and students but also by many practising lawyers from the city of Plovdiv. Specific questions were put to the speakers in connection with the collective actions for the protection of consumers brought by them on behalf of the civil association. Attorney Georgi Stanchev and attorney Atanasova of the Plovdiv Bar Association gave specific examples from their practice relating to abuse of a monopoly position; attorney Zv. Zapryanov, also of the Plovdiv Bar Association, analysed the general terms and conditions of traders and dwelt on a number of specific violations by monopolists. Ms Natasha Tsenova, Deputy Public Mediator of Plovdiv Municipality, spoke in her statement about secondary legislation that conflicts with norms of European law on consumer protection.

In conclusion, the practising lawyers who took part in the discussion expressed the wish that such meetings become regular and that the case law on collective consumer actions be analysed at them.