The European Commission and national consumer protection authorities released on Friday the results of a screening of online traders selling second-hand goods, such as clothes, electronic equipment or toys.
Such screenings or ‘sweeps' are coordinated by the European Commission and carried out simultaneously by national enforcement authorities. The objective of this sweep, which took place in all EU Member States (besides Croatia and The Netherlands) as well as Iceland and Norway, was to verify whether the practices of these traders are compliant with EU consumer law.
Consumer authorities checked 356 online traders and identified 185 (52%) as potentially in breach of EU consumer law.
“Second-hand goods play a crucial role in a circular economy,” commented Michael McGrath, Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection. “It is important that all traders, including those dealing in second-hand goods, uphold consumer rights.”
“The results of our recent sweep indicate that this is not always happening,” he added. “I urge all affected traders to assure their practices are fully aligned with EU consumer law”.
Out of the total amount of traders screened:
- 40% did not inform consumers of their right of withdrawal in a clear manner, such as the right to return the product within 14 days without justification or cost;
- 45% did not correctly inform consumers of their right to return faulty goods or goods that do not look or work as advertised;
- 57% did not respect the minimum period of one-year legal guarantee for second-hand goods;
- Out of 34% of traders that presented environmental claims on their website 20% were not sufficiently substantiated and 28% were manifestly false, deceptive, or likely to qualify as unfair commercial practices;
- 5% did not provide their identity correctly, and 8% did not provide the total price of the product, including taxes.
Consumer authorities will now decide whether to take action against the 185 traders that were earmarked for further investigation and request compliance according to their national procedures.
Traders' obligations with regards to consumer information are covered by several EU directives, such as the Consumer Rights Directive, the e-Commerce Directive, the Unfair Commercial Practices Directive. When selling second-hand goods, traders should also respect their obligations regarding the legal guarantee of conformity stated in the Sales of Goods Directive.
To these directives can be added the Directive on Empowering Consumers for the Green Transition, which was adopted in February 2024. EU countries are required to transpose the directive into national law by 27 March 2026.
Once transposed, the directive will ensure that consumers are provided with better information on the durability and reparability of goods and the consumer's legal guarantee rights at the point of sale, according to the Commission. It will also strengthen consumer protection rules against greenwashing and early obsolescence practices.
The Brussels Times
