Disputes of a contractual nature
You are not without the possibility of a remedy in the event of your
being faced with a dispute of a contractual nature while traveling in
another EU country (e.g. acquisition of goods or services which are
unsatisfactory or which do not correspond with the description given).
Often the problem encountered can be resolved amicably and free of
charge simply by complaining to the supplier, manufacturer or distributor
of the product or the service provider concerned. However, if you fail to
get satisfaction, you may wish to consider the following possibilities for
remedies.
Several countries have introduced simplified procedures for consumer
disputes where it is not even necessary to consult a lawyer. Moreover,
recognized consumer organizations and certain administrative bodies
sometimes have the right to sue in order to protect collective interests.
Reliance on such remedies or out-of-court procedures will often help
you avoid the costs and the - sometimes considerable - delays associated
with going to court.
If you have to sue in courts other than those of the Member State in
which you are domiciled, remember that you cannot be discriminated against
on the grounds of nationality. For example, no security or bond to cover
court costs can be required of you simply because you are not a national
of the country. And you also have the right to legal aid under the same
conditions as apply to the nationals of that country.
Save for a handful of exceptions - and without needing to rely on a
particular legal procedure - a court decision handed down in one Member
State will be recognized in the other countries of the European Union. To
have your decision enforced (for example, payment of damages) in another
Member State, you must submit a request to the court having jurisdiction
(generally the court of the losing party’s country of domicile).
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Disputes with an administrative authority
If you consider that a national, regional or local authority has
wrongly interpreted your rights under Community law, or that they have
discriminated against you or members of your family, you should assert
your rights by complaining to the administration concerned.
For instance, if you experience difficulties with regard to: entry in
the territory; excessive administrative checks and formalities not
relating to public order, public safety or public health; or tax questions
in connection with your purchases, you are not without protection.
If, after you have informed it of your views on the matter, the
administration concerned still does not give you a satisfactory reply, you
may of course appeal to the authorities in your own country (in some
cases, via, for instance, your country’s consulate or embassy in that
Member State) so that they can help you to exercise your rights.
You should start by following national procedures, because you have a
variety of possibilities open to you and you may be awarded compensation.
National courts must ensure that rights based on Community law are
respected and, where necessary, set aside any measure which infringes it.
In addition, there are also ways of raising your case at Community
level.
You can complain to the European Commission. If the Commission considers your complaint well-founded, it
can contact the national authorities concerned to ask for an explanation
and to request that the infringement of Community law be terminated. If
the Commission is not satisfied with the response of the national
authorities, it can open infringement proceedings against the country
concerned. This may lead to the case being referred to the European Court
of Justice in Luxembourg.
You may also present a petition to the European Parliament or raise your case with a Member of the
European Parliament, who can put questions to the Commission and the
Council. Their reply to the question must be made public.
You can also contact the European Ombudsman, but only if your complaint is concerned with
maladministration by one of the Community Institutions (e.g. the European
Parliament, the Council or the European Commission), or by any
decentralized body of the Community (e.g. the European Agency for the
Evaluation of Medicinal Products). Generally speaking, "maladministration"
means administrative irregularities or omissions.
The European Ombudsman cannot deal with complaints concerning national
or local administrations.
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source: European Commission
