European Consumer Centre Hungary

What is the European Consumer Centres’ Network?

The national European consumer centres (ECCs) operate in 27 EU Member States as well as in Norway and Iceland. They form together the European Consumer Centres' Network (ECC-Net), contributing to the increase of confidence in the European Single Market and the cross-border purchases of consumers. The European Consumer Centre Hungary (ECC Hungary) playing an important role in cross-border consumer protection and existing in Hungary since 2006 has been hosted by the National Authority for Trade and Consumer Protection as of 01 January 2025.

When shopping cross-border it may occur that the foreign enterprise sells a product or service that does not comply with the consumer’s expectations. The consumer then usually faces the problem - often in lack of speaking the foreign language and legal knowledge - how he/she can arrange his/her individual contractual legal dispute with a foreign enterprise. In such a situation the ECC-Net can provide help to consumer free of charge and make an attempt to settle the complaint.

What is the most important task of ECC Hungary?

The primary task of ECC Hungary is to contribute free of charge to the amicable settlement of individual cross-border complaints (when the consumer’s residence and the seat of the trader is located in different EU Member States, or Norway or Iceland). In the course of assistance the ECC makes attempt to settle the dispute between the parties in an amicable way, i. e. to reach an agreement, and thus the costly and long-lasting litigation can be avoided. The ECC-Net also closely cooperates with the International Consumer Centre in the United Kingdom in order to cover cross-border consumer purchases from UK traders.

The following areas are most frequently covered when a cross-border complaint is submitted to the ECC Hungary:

• Online shopping (non-conformity, non-delivery, right of withdrawal);

• Air passenger rights (delay, cancellation of flights, lost or damaged baggage, etc), conditions of air transport; air travel

• Online services (online payment methods, online games, etc.);

• Traditional purchase (buying goods in shop, legal warranty-guarantee claims);

• Timeshare contracts;

• Travel contracts, booking of accommodation, quality of accommodation;

• long-term rentals of flats;

• Car rentals;

• Electronic telecommunication services, premium-rate services (downloadable mobile contents)

• Complaints on travel by rail or coach;

• Any kind of consumer contracts (except for financial services)

What are the preconditions for the assistance offered by ECC Hungary and the ECC-Net?

• Domicile of the consumer and the seat of the trader are located in different countries (cross border complaint), within the EU, Iceland, Norway and United Kingdom (citizenship of consumer is not relevant!)

• The consumer already made an attempt to resolve the issue directly with the trader.

• The consumer has a monetary claim or material damage and he/she also justifies the claim with supporting documents.

Which are the general features of the assistance offered by ECC Hungary and ECC-Net?

• Goal is to achieve and find an amicable solution between the consumer and the trader and to avoid lenghty and costly cross border litigation.

• Fast and easy way of resolution of individual cross border of complaints.

• The only forum that may help in cross border disputes arising out of both online and offline transactions.

• General competence in cross border disputes and full geographical coverage in Hungary.

• The ECC represents consumers’ interests in line with the applicable legislation but it also a fast way of dispute resolution for traders.

• ECC Hungary does not have local offices but cooperates with other organisations (public authorities and alternative dispute resolution bodies, etc) dedicated to consumer protection;

How does the case handling procedure flow?

After receiving the complaint, ECC Hungary makes a detailed legal assessment of the complaint, requesting the necessary evidence and supporting documents. Furthermore the consumer also needs to read the privacy statement of ECC-Net and accept its contents because ECCs uses an electronic database, operated by the European Commission, to record, register and track inquiries and complaints.

If ECC Hungary considers the case as legally justified, the centre forwards it to the ECC of the country where the trader/service provider is seated/registered. The ECC of the trader directly contacts the company concerned to seek a solution. ECC Hungary informs the complainant about the development of the case.

This mediation is considered successful if the trader/service provider settles the complaint in accordance with the consumer’s claim or a compromise is reached between the parties.

Which factors do influence the outcome of the case-handling?

It is important to underline that the successful assistance of the European Consumer Centres’ Network in resolving the cross-border complaints, namely so that the demand and claim of the consumer is fulfilled, and thus avoiding long-lasting litigation depends on many factors.

In order to resolve a complaint the cooperation of all four actors, such as the consumer, the ECC of the country of the consumer’s residence, the ECC of the country where the enterprise is registered and the foreign enterprise is required.

The basic pre-condition of the successful resolution is that the consumer’s claim is reasonable, underpinned both legally and by proofs (e.g. contract, confirmation, invoice, statement of bank account on the payment, tickets etc.). In case of claims that cannot be justified or in lack of proofs the likelihood of the successful contribution is very low, thus the fulfilment of the claim is completely up to the goodwill of the enterprise.

Moreover, the effectiveness of the complaint management primarily depends on the cooperation willingness of the trader even in case of legally justifiable claim. When the enterprise is reluctant to cooperate, the European Consumer Centres’ Network unfortunately is unable to achieve significant result. In addition, the difficulties of the different applicable legislation of the country of the consumer on the one hand and the country of the enterprise on the other hand may hinder to reach agreement between the parties.

Apart from this it shall be also emphasized that regarding the non-material damage (“dues of harm, the charges of inconveniences”) the European Consumer Centre is not able to give assistance to consumers, such claims can be enforced at civil court.

However, when the consumer contacts European Consumer Centre Hungary concerning a claim that is legally substantiated, and the foreign enterprise is a serious economic player taking into account the consumer interests, the assistance of the European Consumer Centres’ Network in many cases ends up successfully.

What information can the ECC-Net provide in case of unsuccessful complaint-handling?

If despite the ECC’s intervention the enterprise does not resolve the consumer’s complaint, or the consumer is not satisfied with the proposed solution and the measures taken by the foreign enterprise, the ECC provides the consumer with information on the potential alternative dispute resolution procedures (ADR, arbitration board) and on other out-of-court alternatives of settling consumer disputes.

What are the benefits of the assistance by ECC-Net?

• Free of charge;

• Professional;

• Informal and simple, no special formalities;

• Quick;

• Successful in many cases ((60-65%), if the claim of the consumer is legally substantiated;

• Aims at avoiding litigation (attempting to reach agreement);

• No monetary threshold to submit a complaint;

Which type of complaints are excluded from the assistance of ECC Hungary?

• business to business issues;

• national/domestic cases (complaints against Hungarian traders);

• the consumer complains about the commercial practice of trader without having an individual monetary claim against the company;

• if the trader is established outside the EU, Norway, Iceland and the UK;

• if the dispute is arisen out of a consumer contract (e.g: labour dispute, complaint against other a foreign governmental institution, etc);

• if court or other official procedures are already ongoing or the claim was already settled with a legally binding decision;

• claims for compensation for non-material damage;