Translated by the Bank of Lithuania
Consolidated version from 01/01/2016 to 29/02/2016
Law published: Valstybės žinios (Official Gazette), 1994, No 94-1833, identification code 0941010ISTA000I-657
TAR note. The provisions of this Law defining the commencement and implementation of out-of-court settlement of consumer disputes in electronic form shall become effective on 9 January 2016.Consumer disputes started to be examined before 31 December 2015 are completed and decisions are made and executed in accordance with legal norms in force before 31 December 2015. A commission formed by the State Consumer Rights Protection Authority examines all consumer disputes attributed to the competence of the State Consumer Rights Protection Authority before 31 December 2015.
Seimas of the Republic of Lithuania, Law
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
Republic of Lithuania Law Amending Articles 2, 5, 10, 11, 12, 40, section VI and Annex of the Law on Consumer Protection No I-657
The new version of the Law from 01/03/2007:
No X-1014, 12/01/2007, Valstybės žinios (Official Gazette), 2007, No 12-488 (30/01/2007)
REPUBLIC OF LITHUANIA
LAW ON CONSUMER PROTECTION
Changes of the name of the Law:
No X-1014, 12/01/2007, Valstybės žinios (Official Gazette), 2007, No 12-488 (30/01/2007)
10 November 1994 No I-657
Vilnius
Article 1. The Purpose and Scope of the Law
1. This Law shall define consumer rights, spheres of the protection of consumer rights, lay down an institutional system of the protection of consumer rights, the competence of the authorities of the protection of consumer rights, regulate the education of consumers, relations of consumers and sellers, suppliers of services, the protection of consumer rights out of court and the liability for violations of the legal acts regulating the protection of consumer rights.
2. The application of the legal acts of the European Union, referred to in the Annex to this Law, shall be ensured by this Law.
3. This Law shall not apply to educational and social services financed with the funds of the country and municipal budgets, to personal and public health care services the costs of which according to the laws are covered (compensated) from the budget of the Compulsory Health Insurance Fund, with the funds of the country or municipal budgets, to the supply of medicines, as well as when enforcing court judgements.
4. In the cases when the Law on Payments is applied, the provisions of Articles 10 and 17 of the Law on Payments shall be applied instead of the information requirements laid down in Article 36(5)–(9) of this Law, with the exception of Article 36(7)(3)–(8), (8)(1)(4) and (5) and (9)(2) of this Law.
Amendment to the Article:
No XI-562, 10/12/2009, Valstybės žinios (Official Gazette), 2009, No 153-6900 (28/12/2009)
Article 2. Basic Definitions of This Law
1. Producer means a person acting (laid down) in accordance with the provisions laid down by legal acts in the Republic of Lithuania or any other country of the European Economic Area, who:
1) has produced the product or has publicly announced it by marking it with his own name, trademark or some other distinctive sign;
2) acts as a representative of the producer when the producer has not been established in a country of the European Economic Area, or imports the product when there is no representative of the producer who has been established in a country of the European Economic Area);
2. Financial service means any service of insurance and accumulation of pensions as well as the financial services referred to in the Law on Financial Institutions.
3. Contract for the supply of financial services concluded by using means of communication means any contract for the supply of financial services concluded between a supplier and a consumer, using only means of communication (one or several).
6. Sales price means the final price of goods, services fixed in monetary terms, together with the value added tax and all other taxes, and in the event of failure to indicate an accurate price, an example of calculation of the price according to which a consumer may check the price.
7. Service means any repayable activity or (and) its result by which the concrete needs of a costumer are offered to be met or are being met.
8. Service supplier means any businessman who offers and supplies for payment the services to customers.
9. Durable medium — a measure allowing the consumer or the seller, service supplier to store personal information so it would be temporarily available and the information stored could be restored without changing it (i.e. paper written (printed) documents, USB flash drives, CD-ROM drives (CD-ROM), digital video disks (DVD), memory cards and PC hard drives, e-mails and other measures).
10. Initial contract for the supply of financial services means a contract concluded between a consumer and a service supplier of financial services which does not cover future transactions of the same type and carried out in sequence or individually.
11. Goods mean any item offered for sale or being sold to a consumer. If other laws do not provide otherwise, heat and electricity, water, natural gas are also considered to be goods.
12. Means of communication refers to any means which, without the simultaneous physical presence of the seller or service supplier and the consumer, may be used for the conclusion of a contract between the seller or service supplier and the customer
13 International consumer dispute — a consumer dispute when the consumer of goods and services lives outside the Member State where the seller or service supplier is established in.
Supplemented with Article paragraph:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
14. Expiry date — a deadline, after which goods considered not to be suitable for usage according to their intended use, i.e. the qualities of goods, which the consumer can expect before the expiration, are or can be lower than indicated in the technical regulation and/or producer’s documentation (declarations, statements) applicable for the goods.
Amendment to the numeration of the paragraph of the Article:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
15. Member State — a Member State of the European Union or a country from the European Economic Area (Iceland, Liechtenstein, Norway).
Supplemented with Article paragraph:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
16. Consumer dispute — a disagreement between the consumer and the seller or service supplier on a fact and (or) legal issues.
Supplemented with Article paragraph:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
17. Out-of-court consumer dispute settlement procedure — out-of-court consumer dispute settlement when the consumer dispute is settled in accordance with the requirements indicated in Article 22(2)–22(5) by an out-of-court consumer dispute settlement entity.
Supplemented with Article paragraph:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
18. Out-of-court consumer dispute settlement entity — the institution settling consumer disputes indicated in Article 22(1) of this Law or another entity performing out-of-court consumer dispute settlement indicated in Article 22(2), settling the consumer disputes under the out-of-court consumer dispute settlement procedure and included in the list of out-of-court consumer dispute settlement entities in accordance with Article 29(2) of this Law.
Supplemented with Article paragraph:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
19. Consumer — a natural person seeking to conclude or concluding contracts for purposes not associated with his business, trade, craft or profession (consumption purposes).
Amendment to the numeration of the paragraph of the Article:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
20. Information to the consumer means extension and dissemination of information relating to meeting of consumer needs and protection of their rights.
Amendment to the numeration of the paragraph of the Article:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
21. Consultation of the consumer means advices and practical help to consumers on the issues of the protection of consumer rights.
Amendment to the numeration of the paragraph of the Article:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
22. Consumer awareness means education, information and consultation of the consumer.
Amendment to the numeration of the paragraph of the Article:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
23. Consumer education means a process during which the main attention is focused on the awareness of the consumer rights, development of skills of critical thinking, taking of decisions and receiving of information, and which comprises formal education (primary, basic and secondary education, vocational training as well as post-secondary and higher studies) and non-formal education (pre-school, pre-primary and other non-formal education of children and adults).
Amendment to the numeration of the paragraph of the Article:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-193
24. Businessman — a natural person or legal entity or another organization, or a branch of thereof, seeking to conclude or concluding contracts for purposes associated with its business, trade, craft or profession, including persons acting on behalf or for benefit of the businessman. A legal entity may be considered to be a businessman without regard to the legal status of participants.
Amendment to the numeration of the paragraph of the Article:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
Amendments to the Article:
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
No XII-701, 19/12/2013, published in the TAR 07/01/2014, identification code 2014-00066
Article 3. Consumer Rights
1. Consumers shall have the right to:
1) acquire and use goods or services according at their own discretion (to choose a seller, service supplier);
3) obtain correct and thorough information in the national language on the goods sold or services supplied;
6) appeal to authorities for the settlement of disputes or the court regarding the defence of the violated rights;
Article 4. Features of Consumer Contracts
The features of consumer contracts are laid down by the Civil Code.
Amendments to the Article:
No XII-701, 19/12/2013, published in the TAR 07/01/2014, identification code 2014-00066
Article 5. Submission of Information to Consumers
1. A producer, seller, service supplier shall provide in the national language to consumers the information laid down in the Civil Code and other legal acts and mark goods in the manner prescribed by legal acts. Other laws may identify liabilities of the producer, seller or service supplier to provide consumers the information indicated in the Civil Code and other legal acts in national or other language.
2. The national language shall be obligatory in all public external and internal inscriptions of trade and service supply premises intended for consumers, including the names of trade and service supply premises.
3. Information on any delivery limitations and possible payment methods in websites, offering goods and services to consumers, shall be clearly and legibly provided prior to ordering goods and services.
4. The website of the seller or service supplier, if it has one, shall contain information on out-of-court consumer dispute settlement entities, competent to settle consumer disputes: entity name (name, surname), address and website address. This information shall be provided in a clear, comprehensible and easily accessible way.
Supplemented with Article paragraph:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
5. The information indicated in paragraph 4 of this Article shall also be provided in the standard terms of the seller's or service supplier's contracts, if applicable.
Supplemented with Article paragraph:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
6. Other requirements than laid down in paragraphs 4 and 5 of this Article for providing information on out-of-court consumer dispute settlement procedures to consumers may be indicated in other laws in order to implement European Union legal acts. In this case in paragraphs 4 and 5 of this Article are applicable to an extent not provided in other laws.
Supplemented with Article paragraph:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
Amendments to the Article:
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
No XII-701, 19/12/2013, published in the TAR 07/01/2014, identification code 2014-00066
Article 6. Principle of Fair Business Practice
When offering to purchase and supplying goods and services to consumers, sellers and service suppliers shall adhere to the fair business practice. Goods and services shall be offered in such a way that a consumer would be aware of a commercial character of an offer.
Article 7. Implementation of the Protection of Consumer Rights
The protection of consumer rights shall be implemented:
1) by applying preventive measures (educating, informing, providing consultations to consumers, carrying out research, performing market surveillance, and other measures);
Article 8. Spheres of the Protection of Consumer Rights
The spheres of the protection of consumer rights shall be purchase-sale of goods and the services related thereto, all repayable services when goods are acquired or services are supplied to consumers.
Article 9. Institutional system of the protection of consumer rights
The protection of consumer rights shall be guaranteed in the Republic of Lithuania by:
Article 10. Competence of country and municipal institutions within the system of the protection of consumer rights
Version of subparagraph 1 from 01/01/2019:
1) approves the National consumer protection development programme;
Amendment to the subparagraph of the Article:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
4) approve or authorise institutions of the country and establishments to approve rules for the supply of separate types of services;
2. In the sphere of the protection of consumer rights the Ministry of Justice of the Republic of Lithuania (hereinafter — The Ministry of Justice):
2) organizes, coordinates and controls the implementation of the national policy sphere of the protection of consumer rights;
3. In order to ensure the implementation of the functions assigned to the Minister of Justice in the sphere of the protection of consumer rights, a state consumer rights protection board shall be set up (hereinafter — Board). This Board shall be collegiate advisory body acting on a voluntary basis.
4. The Board consists of representatives of country institutions responsible for protection of consumer rights, consumer dispute settlement institutions and consumer associations, and a representative of the Lithuanian municipality association. Provisions and composition of the Board are approved by the Minister of Justice of the Republic of Lithuania (hereinafter — the Minister of Justice). The representative of the Ministry of Justice shall manage the Board.
Amendments to the paragraph of the Article:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
5. The Board shall:
1) submit proposals concerning the implementation and improvement of a policy of consumer rights protection;
2) analyses information of institutions ensuring the protection of consumer rights regarding their operations and submit proposals concerning their operations;
6. In the sphere of the protection of consumer rights the Ministry of Education and Science shall:
1) coordinate consumer education and integrate consumer awareness into the formal education (primary, basic and secondary education, vocational training as well as post-secondary and higher studies) and non-formal education (pre-school, pre-primary and other non-formal education of children and adults);
7. Other country and municipal institutions which implement the measures referred to in Article 7 of this Law shall, in accordance with the competence laid down by this and other laws and legal acts, participate in organising the protection of consumer rights, defending consumer rights.
Amendments to the Article:
No XI-1765, 01/12/2011, Valstybės žinios (Official Gazette), 2011, No 153-7202 (15/12/2011)
Article 11. The State Consumer Rights Protection Authority
1. The State Consumer Rights Protection Authority shall be a country establishment under the Ministry of Justice, which implements the state policy in the sphere of the protection o consumer rights and guarantee the protection of consumer rights.
2. The State Consumer Rights Protection Authority shall be a legal entity. It shall have its bank accounts and the seal with the Coat of Arms of the State of Lithuania and its name.
4. The State Consumer Rights Protection Authority shall be managed by the director. The director of the State Consumer Rights Protection Authority shall be appointed to this position by the Minister of Justice in accordance with the provisions laid down by the Law on Public Service.
5. The procedure of the State Consumer Rights Protection Authority is laid down in this and other laws, the provisions of the State Consumer Rights Protection Authority and their work regulations approved by this Authority.
Amendments to the paragraph of the Article:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
Article 12. Functions and rights of the State Consumer Rights Protection Authority
1. The State Consumer Rights Protection Authority shall exercise the following functions:
1) ensures the protection of consumer rights, supervises that non-food products put on the market correspond to the safety, quality and marking requirements for non-food products laid down by legal acts;
Amendments to the subparagraph of the Article:
No XII-1866, 25/06/2015, published in the TAR 03/07/2015, identification code 2015-10766
2) coordinates operations of consumer rights protection institutions, responsible for the regulation of a certain area of consumption, in the sphere of the protection of consumer rights (analyses the accumulated information, obtained periodically from country and municipal institutions, about the protection of consumer rights, submits proposals regarding the improvement of the protection of consumer rights);
4) provides conclusions and suggestions on the laws and other legal acts associated with protection of consumer rights;
5) solves disputes between consumers and sellers, services suppliers out of court;
Amendments to the subparagraph of the Article:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
6) controls standard terms and conditions of contracts in the manner prescribed by the laws and contests unfair terms and conditions of consumer contracts;
8) defends public interest of consumers in accordance with the provisions laid down in section seven of this Law;
9) organises consumer education, coordinates operations of country and municipal institutions, consumer associations when organising consumer education, provides information about consumer rights to sellers and service suppliers;
11) organizes and performs data exchange with the European Commission and Member States (RAPEX system) in cooperation with other country institutions in accordance with the provisions laid down by the European Union laws, also publishes dangerous non-food products, produced in the Republic of Lithuania or supplied from Member States of the European Union or other countries, which are prohibited to be supplied on the market by the State Consumer Rights Protection Authority, on its website;
Amendments to the subparagraph of the Article:
No XII-1866, 25/06/2015, published in the TAR 03/07/2015, identification code 2015-10766
12) in cooperation with the European Commission and national institutions of other Member States of the European Union implements the Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation) (hereinafter — Regulation (EC) No 2006/2004) and the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) (hereinafter — Regulation (EU) No 524/2013);
Amendments to the subparagraph of the Article:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
13) represents the Republic of Lithuania in international organisations in the sphere of the protection of consumer rights;
2. The State Consumer Rights Protection Authority shall have the right:
1) to obtain information relating to the protection of consumer rights from country and municipal authorities responsible for an appropriate governance sphere;
2) to obtain from country and municipal institutions, establishments, other persons the information and documents necessary to investigate infringements of the laws and, when necessary — samples of advertised goods;
3) perform necessary checks on-site, to the extent necessary to meet the aims of Regulation (EC) No 2006/2004;
Amendments to the subparagraph of the Article:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
4) to request that producers, importers, sellers and service suppliers or their representatives arrive to the State Consumer Rights Protection Authority and submit explanations orally or in writing;
5) to set up commissions, working groups for drafting of legal acts or solving other issues falling within the competence of the State Consumer Rights Protection Authority, to include in them the specialists of other institutions (after consultation with their heads);
Article 13. Consumer associations
1. Consumer associations shall have the right:
1) to survey opinion of consumers about the assortment of goods and services, their quality, organisation of trade and supply of services;
2) to examine the quality of goods and services at testing laboratories, as well as to submit goods and services for expert examination and investigations;
3) to publicly announce results of surveys of consumer opinion, expert examinations testing of goods and services;
4) to present to country and municipal institutions proposals on the prohibition of production and sale of goods and supply of services hazardous to consumer health;
5) to submit to sellers and service suppliers proposals concerning improvement of the protection of consumer rights;
7) to represent consumers when considering disputes in accordance with the provisions for settling disputes of consumers out of court;
8) to obtain information from producers, sellers, service suppliers about the quality of goods sold and services supplied, as well as other data necessary to defend consumer rights and interests;
11) to present proposals on the development of a policy of the protection of consumer rights and to participate in its implementation;
12) to defend public interest of consumers in accordance with the provisions laid down in section seven of this Law;
2. State financial support shall, in accordance with the rules approved by the Government, be granted to the consumer associations meeting the conditions laid down in Article 31(1) of this Law, after they present an activity report in the manner prescribed by the Government.
Article 14. Quality and Safety Requirements for Goods and Services
1. Quality and safety requirements for goods and services shall be laid down by the Civil Code, the Law on Product Safety, the Law on Food and other legal acts.
Article 15. Prohibition to sell goods after the expiry date of their safe shelf life
It shall be prohibited to sell goods after the expiry date of their safe shelf life. The producer is not liable for the safety and suitability for use of goods purpose (quality of goods) upon the expiration of this period.
Amendments to the Article:
No XII-701, 19/12/2013, published in the TAR 07/01/2014, identification code 2014-00066
Article 16. Quality guarantee
1. The quality guarantee provided by the seller, service supplier may not affect the consumer rights which, upon the acquisition of the goods or services of inadequate quality, are provided for them by legal acts.
2. The quality guarantee shall be in the national language. It shall state that the quality guarantee may not affect the consumer rights upon the acquisition of the goods or services of inadequate quality. It shall set out in plain intelligible language the business name (or the name and surname) and address of the guarantor, and the terms and conditions of the guarantee, notably the duration and territorial scope of the guarantee as well as the information necessary for making requirements under the guarantee.
3. On requirement of the consumer, the quality guarantee shall be presented to the consumer in a durable medium.
Article 17. Conception of consumer awareness
1. Consumer awareness shall be a process in the course of which consumers are provided with possibilities to acquire knowledge and capabilities which would be necessary when purchasing and using goods and services to meet personal, family, household needs, implementing and defending consumer rights.
Article 18. Broadcasting on the issues of consumer rights protection
The National Radio and Television of Lithuania shall, from the appropriations allocated from the country budget, provide information on the issues of the protection of consumer rights in radio programmes and telecasts broadcast by it.
SECTION 6
DEFENDING CONSUMER RIGHTS OUT-OF-COURT
TAR note. The provisions of this Law defining the commencement and implementation of out-of-court settlement of consumer disputes in electronic form shall become effective on 9 January 2016.
Article 19. Scope of application
1. This Section provides for settlement of consumer disputes in accordance with the out-of-court procedure. Provisions of this Section shall also apply to the settlement of cross-border consumer disputes.
2. Provisions of this Section shall not apply to the following:
1) settlement of consumer disputes where the dispute is settled by employees of a seller or service supplier or other persons who are rewarded by the seller or service supplier;
2) procedures for hearing consumer complaints which are laid down by the seller and service supplier;
6) procedures of the out-of-court settlement of consumer disputes which are initiated against the consumer by the seller or service supplier;
7) settlement of disputes regarding health care services provided by health care specialists which aim at assessment, monitoring processes of patients’ health status or improvement of their health, including prescription of pharmaceutical and medical devices, issue and supply of pharmaceutical and medical devices.
3. If provisions of this or any other law implementing legal acts of the European Union regarding the out-of-court settlement of consumer disputes which are initiated by consumer against seller, service supplier, are contradictory to each other, the provisions of this Law shall apply unless this Law provides otherwise.
Article 20. Ways of defending consumer rights and interests
1. A consumer presuming that a seller, service supplier has infringed his rights or lawful interests related to the consumer contract, shall have the right to apply to the seller or service supplier, bodies for settlement consumer disputes following the out-of-court procedure or the court, in order to defend their infringed or disputed rights or lawful interests. Applying by the consumer to the body for out-of-court settlement of consumer disputes shall not deprive the consumer of the right to apply to the court.
Article 21. Consumer’s applying to the seller or service supplier
1. A consumer presuming that a seller, service supplier has infringed his rights or lawful interests related to the consumer contract, shall firstly apply in writing to the seller or service supplier and specify his requirements except for the cases where the consumer applies directly to the court. The consumer shall have to apply to the seller or service supplier no later than within three months after the day when the consumer became aware or ought to have become aware of infringement of his rights or lawful interests.
2. The seller or service supplier shall consider the consumer’s application free of charge and, if not accepting the consumer’s requirements, shall no later than within 14 days after the receipt of consumer’s requirement, unless otherwise provided for in other laws or legal acts of the European Union, present the consumer with a detailed grounded written reply supported by documents. The copies of such documents shall be attached to the reply of the seller or service supplier to the consumer. Consumers’ applications shall be considered by sellers and service suppliers free of charge.
Article 22. Bodies for settlement of consumer disputes
1. The following bodies shall settle consumer disputes in accordance with the out-of-court procedure (hereinafter — the “Bodies for settlement of consumer disputes”):
1) Communications Regulatory Authority of the Republic of Lithuania, which shall consider disputes between consumers and suppliers of electronic communication services or suppliers of postal services regarding the relations regulated by the Republic of Lithuania Law on Electronic Communications and the Republic of Lithuania Postal Law;
2) the Bank of Lithuania, which shall consider consumer disputes regarding financial services which are provided for in the Republic of Lithuania Law on the Bank of Lithuania;
3) National Commission for Energy Control and Prices, which shall consider disputes between consumers and energy enterprises, drinkable water suppliers and (or) sewage management enterprises regarding payment for the consumed energy or services, application of the prices and (or) tariffs regulated by the country, operations or omission of energy enterprises in supplying, distributing, delivering, storing energy, accession to energy, balancing the energy and flows of supplied energy resources as well as other disputes between consumers and energy enterprises in the field of energy which do not fall within competence of the State Energy Inspectorate under the Ministry of Energy;
4) State Energy Inspectorate under the Ministry of Energy, which shall consider disputes between consumers and energy enterprises regarding operation of energy objects, equipment and metering instruments, disconnection, suspension or restriction of energy supply;
5) Council of the Lithuanian Bar Association or a body established by the Council, which shall consider disputes between consumers and the advocates regarding legal services;
2. When settling consumer disputes, the bodies for settlement of consumer disputes shall be entitled to:
1) apply to the consumer for additional information and specify the time limit for provision of such information;
2) request the seller or service supplier against which the consumer’s requirement has been filed to present within the specified time limit explanations in oral or written form and submit the proof which are necessary for resolution of the dispute;
3) obtain information from the country and municipal institutions and offices, other legal or natural entities which is necessary for consideration of the dispute and decision making;
4) obtain conclusions from the country and municipal institutions and offices which are in charge of consumer field related to the dispute in question regarding the issues falling within the competence of that institution (office);
3. Bodies for settlement of consumer disputes shall:
1) ensure operation of a website which clearly publishes information about the out-of-court settlement of consumer disputes and in which consumers would be able to submit electronic application for settlement of disputes and enclosures thereto;
2) upon receipt of application, present information about the out-of-court settlement of consumer disputes in a durable medium;
3) provide the disputing parties with possibility for electronic exchange of information with the body for settlement of consumer disputes;
4) resolve cross-border consumer disputes including the disputes which are subject to Regulation (EU) No 524/2013;
Article 221. Commissions for consumer disputes
1. State Consumer Rights Protection Authority shall set up permanent commissions for consumer disputes to consider the disputes provided for in this Law. Commissions for consumer disputes shall consider consumer disputes in different fields of consumer goods and services or administrative units of the territory of the Republic of Lithuania where the amount of the dispute is at least two hundred Euros and the dispute is considered following the procedure of oral proceedings. The procedure for setting up the commission for consumer disputes and their work procedure as well as consumer disputes subject to consideration shall be laid down by the Government or its authorized authority in the statute of commission for consumer disputes.
2. Commission for consumer disputes shall be comprised of three members:
1) a chairman of commission. A civil servant employed in State Consumer Rights Protection Authority and having higher education in the field of law can be appointed to the position of a chairman;
2) a representative appointed by consumer association meeting the provisions of Article 31(1) of this Law;
3) a representative appointed by an association unifying businessmen. This association shall meet the following requirements:
b) the document on establishment of the association specifies that protection of businessmen’ (business) rights and representation of interests thereof is the aim of operations of the association;
3. Members of commission for consumer disputes shall participate in the sessions of commission. If a member (members) of the commission for consumer disputes fails to be present in the session, the chairman of commission shall at his own discretion decide whether the session shall be adjourned or the dispute shall be considered on the merits.
4. The members of commission for consumer disputes indicated in subparagraphs 2 and 3 of paragraph 2 of this Article shall be exempted from their work duties for the period during which they take part in the operations of commission for consumer disputes. The members of commission for consumer disputes shall be rewarded for their work in the sessions and travel costs of the members of commission for consumer disputes shall be compensated following the procedure laid down in the provisions of commission for consumer disputes.
5. Decisions on the merits of the dispute shall be passed by majority of votes in the commission for consumer disputes. When passing decision on the merits of the dispute, only members of the commission for consumer disputes shall participate. The member of commission who disagrees about the decision on the merits of the dispute may state his discrete opinion. When a member (members) of commission for consumer disputes is not present in the session and the chairman of the commission decides to consider the dispute on the merits, the decision on the merits of the dispute shall be made by the members of the commission examining the dispute. If the dispute is considered by two members of commission for consumer disputes and they hold different opinions, or if the dispute is considered by the chairman of the commission only, the decision shall be made by the chairman of the commission for consumer disputes at his own discretion.
6. The grounds and procedure for suspension mutatis mutandis as specified in the Civil Procedure Code shall apply to the members of commission for consumer disputes.
Article 222. Other bodies for out-of-court settlement of consumer disputes
1. On the basis of the written agreement between consumers and sellers or service suppliers, consumer disputes may be settled in accordance with the out-of-court procedure by other bodies for out-of-court settlement of consumer disputes:
1) a permanent arbitrary authority operating in accordance with the Republic of Lithuania Law on Commercial Arbitrary and included in the list of the bodies for out-of-court settlement of consumer disputes as provided for in Article 292 of this Law;
2) a public legal entity established by consumer association that meets the requirements set in Article 31(1) of this Law and businessmen association that meets the requirements set in Article 221(2)(3) of this Law and included in the list of the bodies for out-of-court settlement of consumer disputes as provided for in Article 292 of this Law.
2. On the basis of the written agreement between consumers and sellers or service suppliers, consumer disputes may also be settled in accordance with the out-of-court procedure by conciliatory mediators in civil disputes following the procedure defined in the Republic of Lithuania Law on Conciliatory Mediation in Civil Disputes.
3. The consumer and the seller or service supplier shall have the right to agree on referring the consumer dispute to other body for out-of-court settlement of consumer disputes for consideration only when a dispute arises. Any agreements between the consumer and the seller or service supplier on referring the consumer dispute to other body for out-of-court settlement of consumer disputes for consideration shall be invalid, if such agreement is concluded prior to the eruption of the dispute and it deprives the consumer of the right to apply to the court.
4. The decision of other body for out-of-court settlement of consumer disputes that is made after consideration of the dispute on the merits shall be binding on the consumer only if the legal consequences of the decision have been explained to the consumer and the consumer has clearly expressed his approval thereto before initiating the procedure of out-of-court settlement of consumer dispute.
Article 223. Expertise, independence and impartiality of the bodies for out-of-court settlement of consumer disputes
1. Bodies for out-of-court settlement of consumer disputes shall ensure that natural persons who resolve consumer disputes have the necessary expertise and are independent and impartial. It shall be deemed that natural persons settling consumer disputes meet these requirements if:
1) they have higher education in law or have experience in settling disputes in accordance with the court procedure or out-of-court procedure, or have higher university-degree education and have undergone the training programme in the field of out-of-court settlement of consumer disputes. Where disputes are settled collegially, at least one natural person has to meet this requirement;
2) they are appointed to settle disputes following the out-of-court procedure for indefinite period of time or for the period of at least two years and such duty may cease only on the grounds provided for in legal acts;
3) they are not obliged to consider guidelines of the parties of the dispute or their representatives;
4) the reward or compensation paid to them for participation in settlement of disputes is not related with the outcomes of the procedure of out-of-court settlement of consumer disputes;
5) they are obliged to immediately disclose any circumstances to the body for out-of-court settlement of consumer disputes which could affect their independence and impartiality or evoke the conflict of interests with any of the parties of the dispute. The obligation to disclose such circumstances shall be binding on these persons throughout the entire procedure of the out-of-court settlement of consumer dispute.
2. Where the circumstances specified in subparagraph 5 of paragraph 1 of this Article exist:
1) a natural person who settles consumer disputes shall be replaced by other natural person in the out-of-court settlement procedure; or
Article 224. Provision of information on settlement of consumer disputes
1. Bodies for out-of-court settlement of consumer disputes shall clearly and intelligibly publish the following information in their websites:
2) information that the body is included in the list of bodies for out-of-court settlement of consumer disputes as provided for in Article 292 of this Law;
3) natural persons (name, surname, position) who are responsible for out-of-court settlement of consumer disputes, the procedure of their appointment and duration of their powers;
4) consumer disputes which fall within the competence of the body for out-of-court settlement of consumer disputes;
7) the provisions on the basis of which the body for out-of-court settlement of consumer disputes settles disputes (for example, legal norms, law principles, codes of conduct etc.);
8) consumer’s duty to firstly apply to the seller or service supplier before applying to the body for out-of-court settlement of consumer disputes;
10) potential costs related to the procedure of out-of-court settlement of consumer disputes and the rules for awarding such costs to the parties of the dispute;
12) legal effect, obligation and implementation procedure of the decision made after consideration of the dispute including the sanctions (if any) for failure to abide by such decision;
13) the foreign language in which the consumer may submit his application to the body for out-of-court settlement of consumer disputes, if necessary;
2. Every year until the 30th of March bodies for out-of-court settlement of consumer disputes shall announce in their websites the report on out-of-court settlement of consumer disputes in the previous calendar year. This report shall include information specified by the Minister of Justice.
Article 225. Requirements for the procedure of out-of-court settlement of consumer disputes
1. Procedure of out-of-court settlement of consumer disputes shall meet the following requirements:
1) procedure may be initiated in writing (by submitting application for settlement of consumer dispute) or initiated and implemented by electronic means;
4) having accepted the consumer’s application for settlement of consumer dispute, the body for out-of-court settlement of consumer disputes shall inform in writing about it the other party of the dispute no later than within 3 working days;
5) consumer dispute shall be considered and decision on the merits of the dispute shall be made no later than within 90 days from the day when the body for out-of-court settlement of consumer disputes received the documents specified in Article 23(3) of this Law. If the consumer dispute cannot be examined and decided upon due to the grounded reasons, the body for out-of-court settlement of consumer disputes may extend this term for 30 days at the most. The parties of the dispute shall be informed about such extension of the term.
2. During procedure of out-of-court settlement of consumer disputes the following rights of the parties of the dispute shall be safeguarded:
1) the right to express one’s opinion and receive explanations, documents and other proof of the other party of the dispute as well as the obtained conclusions and present own comments about them;
2) the right to be informed that the party is not obliged to be represented by an advocate or other person, but is entitled to have his representative;
3. Upon commencement of the procedure of out-of-court settlement of consumer disputes the following information shall be presented to the consumer:
1) the consumer is entitled to renounce his requirements and terminate the procedure of out-of-court settlement of consumer dispute prior to making the decision on the merits of the dispute;
2) participation of the consumer in the procedure of out-of-court settlement of consumer disputes does not prevent the possibility to protect the rights or lawful interests in court;
3) the consumer who disagrees about the decision on the merits of the dispute made by the body for out-of-court settlement of consumer disputes shall be entitled to apply to the court of general competence and request for settlement of the dispute on the merits;
4) legal effect, validity and implementation procedure of the decision made after consideration of the dispute on the merits;
Article 23. Applying to the authorities for settlement of consumer disputes
1. When a consumer dispute arises, a consumer who is not satisfied with the reply from the seller or service supplier shall have the right to apply to the authority settling consumer disputes regarding the same dispute matter, in order to protect his infringed or disputed rights or lawful interests, by filing an application in writing or by electronic means.
2. The consumer shall have the right to apply to the authority for settlement of consumer disputes no later than within one year after applying to the seller or service supplier.
3. When applying to the authority for settlement of consumer disputes, the consumer shall submit the following:
1) an application for settlement of consumer dispute. The application shall be signed by the applicant or his representative. When application is submitted by electronic means, it shall be deemed that application is signed;
2) a copy of reply from the seller or service supplier to the application of the consumer, and if no reply of the seller or service supplier have been received within the time limit set in Article 21(2) of this Law, the copy of consumer’s application to the seller or service supplier;
3) a copy of consumer contract (if concluded in writing) which is the reason for eruption of a dispute;
5) power of attorney in an ordinary written form, if consumer is represented by a representative. If consumer is represented by consumer association to which that consumer belongs to, a document confirming the membership of the consumer in that association shall be submitted instead of the power of attorney;
6) in cases where consumer is represented by consumer association, copies of documents confirming that the consumer association is registered in the Register of Legal Entities and that the aim of operations of consumer association is protection and representation of consumer rights and interests as specified in the documents on founding the association.
4. The application for settlement of consumer dispute shall indicate the following:
2) name (name, surname) and office (residential) address of the seller or service supplier whose actions (omission) are the subject of the consumer’s requirements;
5) information on whether a dispute between the same parties, regarding the same subject matter and on the same grounds is not being settled by the court or body for out-of-court settlement of consumer disputes, or whether the settlement of the dispute has been terminated on the basis of Article 26 of this Law, or whether there is an effective court decision regarding the same dispute, and whether there is a decision regarding the same dispute made by the body for out-of-court settlement of consumer disputes;
5. If consumer’s application fails to meet the requirements set in paragraphs 3 and (or) 4 of this Article, the authority for settlement of consumer disputes shall set the time limit of at least 7 days to eliminate the deficiencies.
6. If doubts regarding the authenticity of the submitted copies of documents arise, the authority for settlement of consumer disputes shall have the right to request the consumer, seller and (or) service supplier to submit originals of the documents.
Article 231. Delivery of documents
Documents may be delivered to the parties of the dispute in the following ways:
Article 232. Acceptance of application for settlement of consumer dispute
1. The issue of accepting the application for settlement of consumer dispute shall be settled by authority settling disputes passing a resolution. Such resolution is considered to be the beginning of procedure of out-of-court settlement of consumer disputes.
Article 233. Refusal to settle a dispute
1. Authority for settlement of consumer disputes shall refuse to examine consumer disputes in the following cases:
1) the consumer dispute indicated in the consumer’s application for settlement of consumer dispute does not fall within the competence of the authority for settlement of consumer disputes. In such a case the authority for settlement of consumer disputes shall forward the consumer’s application to other body specified in Article 22(1) of this Law and inform in writing the consumer;
2) a dispute between the same parties, regarding the same subject matter and on the same grounds is being considered by other body for out-of-court settlement of consumer disputes, a court or arbitrary;
3) there is an effective decision of a court or arbitrary, or effective decision of the body for out-of-court settlement of consumer disputes regarding the dispute between the same parties, the same subject matter and on the same grounds, or there is the decision on termination of dispute consideration;
4) after eruption of the dispute the parties of the dispute agreed on referring the dispute for settlement by other body for out-of-court settlement of consumer disputes which is included in the list of bodies for out-of-court settlement of consumer disputes as specified in Article 292 of this Law;
5) there is no consumer’s name and surname, address indicated in the consumer’s application for settlement of consumer dispute or the application has been submitted on behalf of the consumer by unauthorized person;
6) the consumer applied to the authority for settlement of consumer disputes after expiration of the term specified in Article 23(2) of this Law or has not applied to the seller or service supplier following the procedure provided for in Article 21 of this Law;
7) the consumer’s application fails to meet the requirements laid down by this law and the deficiencies are not eliminated within the time limit set by the authority for settlement of consumer disputes which is at least 7 days;
2. The decision on refusal to examine the dispute shall be made by the authority for settlement of consumer disputes no later than within 5 working days after the receipt of consumer’s application for settlement of consumer dispute and other documents specified in Article 23(3) of this Law.
3. The decision on refusal to examine the dispute made by the authority for settlement of consumer disputes shall be grounded. Copies of such decision shall be sent to the parties of the dispute within 3 working days, and the application for settlement of consumer dispute shall be returned to the consumer.
Article 24. Preparation for settlement of a dispute
1. Having accepted the consumer dispute for settlement, the authority for settlement of consumer disputes shall no later than within 3 working days send to the seller, service supplier whose actions (omission) is the subject of consumer’s requirements, a notification about the received consumer’s application for settlement of consumer dispute, copies of this application and enclosures thereto, requesting no later than within 10 days after the receipt of the notification to present in writing detailed explanations and the supporting documents.
2. The authority for settlement of consumer dispute may apply to the country or municipal institution or office which is responsible for the consumer field related to the dispute and request within the term of at least of 20 days to present its conclusion about the requirements listed in the consumer’s application for settlement of consumer dispute and (or) explanations presented by the seller, service supplier.
Article 25. Settlement of disputes
1. When ready to settle a dispute, an authority for settlement of consumer disputes usually examines the dispute following the procedure of the written proceedings on the basis of the submitted written and (or) material evidence. When the dispute is examined following the procedure of the written proceedings, the parties of dispute are not summoned to the sitting and the dispute is settled in their absence.
2. On request of any of the parties of the dispute or on its own initiative, the authority for settlement of consumer disputes may decide to examine the dispute following the procedure of the oral proceedings where it is necessary to hear the oral explanations of the parties of the dispute or in other cases when the dispute may be better examined following the procedure of the oral proceedings. When the dispute is examined following the procedure of the oral proceedings, the parties of the dispute and other interested parties shall be notified on the venue, date and time of the sitting during which the dispute will be considered. If party (parties) of the dispute fails to be present in the sitting, the authority for settlement of consumer disputes shall have the right to pass the decision in the absence of the party (parties).
3. All sittings of the authority for settlement of consumer disputes during which disputes are settled following the procedure of the oral proceedings shall be recorded in the minutes.
4. Settlement of consumer disputes examined in the oral proceedings shall be public, except for the cases where by decision of the authority for settlement of consumer disputes it is necessary to protect the country secret, service secret, commercial secret, bank secret, professional secret or other secrets provided for in the laws or to safeguard natural person’s right to the inviolability of his private life.
5. Consumer disputes shall be settled in compliance with the adversarial principle and principles of expedition, concentration, efficiency and cooperation in dispute hearing.
6. The authority for settlement of consumer disputes shall explain the merits of the dispute, examine the available evidence and undertake measure to conciliate the parties of the dispute.
7. In the course of the oral proceedings the parties of the dispute and all other participating parties shall adhere to the conduct of sitting laid down by the chairman of the sitting.
8. The parties of the dispute and other parties participating in the hearing of the dispute shall have the right to request for settlement of the dispute following the procedure of the oral proceedings, get access to the material of the case excluding the material that comprises the country secret, service secret, commercial secret, bank secret, professional secret or other secrets provided for in the laws or the disclosure of which would infringe the natural person’s right to the inviolability of his private life, make extracts, transcripts, copies, file evidence and be present in examination thereof, submit explanations and arguments, challenge the petitions and arguments submitted by the other party of the dispute or other participating parties, ask questions addressed to other participating parties, file petitions, obtain transcript of the decision made by the authority for settlement of consumer disputes, and exercise other rights provided for in this Law. The parties of the dispute and the parties participating in the settlement of the dispute shall exercise these rights fairly, without protracting the settlement of the dispute.
9. The authority for settlement of consumer disputes shall firstly undertake measures to reconcile the consumer and the seller, service supplier and proposes to settle the consumer dispute in amicable way provided that, in the opinion of the authority, such peaceful agreement is possible taking into consideration the circumstances which have come to light in the course of the settlement of the dispute. If the consumer and the seller or service supplier end the dispute in the form of an amicable settlement, the examination of that consumer dispute shall be terminated by the decision of the examining authority. In the event of failure to achieve amicable settlement, the authority for settlement of consumer disputes shall make the decision on the merits of the dispute.
10. The authority for settlement of consumer disputes shall undertake measure to ensure that the parties of the dispute do not abuse their rights and do not protract the settlement of the dispute, and shall strive to properly resolve the dispute in the shortest possible time.
11. The authority for settlement of consumer disputes shall suspend the settlement of dispute in the following cases:
1) a legal entity or a natural person who was the party of the dispute respectively cease to exist or dies. In this case the settlement of dispute shall be suspended until the rights and duties of the ceased or dead party of the dispute are overtaken or circumstances preventing from overtaking of such rights and duties become known. Provided that the requirements which are not related to the ceased or dead party of the dispute can be separated, the authority for settlement of consumer disputes shall separately examine the dispute regarding the requirements not related to the ceased or dead party of the dispute;
2) a case is being heard by a court, and the consumer dispute cannot be settled unless that case is completely heard;
3) there are grounds to presume that the terms and conditions of the consumer contract which are to be applied in considering the dispute are unfair, and thus the issue of the unfairness of the terms and conditions of the consumer contract shall be considered or other administrative procedure shall be implemented, in order to complete the settlement of dispute;
Article 26. Termination of the settlement of dispute
An authority for settlement of consumer disputes shall terminate the settlement of dispute in the following cases:
1) the parties of the dispute settle the dispute by amicable agreement or the seller or service supplier satisfies requirements for the consumer;
2) the consumer does not present any explanations which are necessary for consideration of the dispute or otherwise hinders consideration of dispute;
3) one of the parties of the dispute applies to a court of general competence for settlement of the dispute;
4) circumstances specified in subparagraphs 1–4 or 8 of paragraph 1 of Article 233 of this Law come to light or it turns out that the dispute is not a consumer dispute;
Article 27. Decision on the merits of a dispute by authority for settlement of consumer dispute
1. Having examined a dispute, an authority for settlement of consumer disputes shall make one of the following decisions on the merits of the dispute:
2. The authority for settlement of consumer disputes shall make the decision on the merits of the dispute taking into consideration the circumstances established in the course of examination of the dispute and the supporting evidence.
3. The decision on the merits of the dispute passed by the authority for settlement of consumer disputes shall indicate the following:
3) when the dispute is settled collegially, the composition of the collegial body making the decision, secretary of the sitting, parties of the dispute and other parties participating in the settlement of the dispute;
5) summary of explanations given by the parties of the dispute and other parties participating in the settlement of the dispute;
7) provisions of the laws and other legal acts which were referred to in the decision making, other legal arguments;
4. When making the decision on the merits of the dispute, the authority for settlement of consumer disputes shall decide on the validity of the consumer requirements which are specified in Article 6.363 of the Civil Code and shall set the time limit of 6 months at the most for fulfilment of requirements. Besides, the authority for settlement of consumer disputes shall decide on covering the costs incurred by consumer which are related to the procedure of out-of-court settlement of consumer disputes (including the cost of necessary examinations or laboratory tests, costs related to remuneration to advocate or advocate assistant and translation costs) in proportion to the amount of the upheld requirements for consumer.
5. The decision on the merits of the dispute passed by the authority for settlement of consumer disputes shall be sent to the parties of the dispute no later than within 3 working days after the decision was made.
6. The decision on the merits of the dispute passed by the authority for settlement of consumer disputes shall be public and shall be announced in the website of the authority for settlement of consumer disputes without violating the requirements for protection of personal data, protection of the country secret, service secret, commercial secret, bank secret, professional secret or other secrets provided for in the laws as well as the right of consumer to the inviolability of his private life. When submitting documents to the authority for settlement of consumer disputes, the parties of the dispute and other parties participating in the settlement of the dispute shall specify which data comprises the country secret, official secret, commercial secret, bank secret, professional secret or other secrets provided for in the laws and confidentiality of which data has to be maintained.
Article 28. Enactment and implementation of the decision made by authority for settlement of consumer disputes
1. The decision made by the authority for settlement of consumer disputes shall become effective and binding, unless within 30 days after passing of decision on the merits of the dispute by the authority for settlement of consumer disputes any of the parties of the dispute files an action before the court of general competence requesting to examine the merits of the case following the procedure laid down in the Civil Procedure Code.
2. The effective decision of the authority for settlement of consumer disputes shall be an enforceable document. If this decision is not implemented, it can be implemented compulsorily following the procedure laid down in the Civil Procedure Code.
Article 29. Applying to a court of general competence
1. Consumer’s applying to an authority for settlement of consumer disputes shall not deprive the consumer of the right to apply to a court of general competence with application for settlement the dispute on the merits, following the procedure laid down in the Civil Procedure Code.
2. Application to the court after the decision on the merits of the dispute has been made by the authority for settlement of consumer disputes shall not be considered as an appeal of that decision.
3. All procedural decisions made by the authority for settlement of consumer disputes in the course of examination of the dispute including the decisions on refusal to settle the consumer dispute, suspend or terminate the settlement of consumer dispute which prevent from further examination of the consumer dispute are subject to appeal to the court of general competence within 7 days after the decision is delivered to the interested party. The court rulings on the decision referred to in this paragraph shall not be subject to appeal.
Article 291. Suspension of the statute limitations for an action
1. If consumer applies to a body for out-of-court settlement of consumer disputes that is included in the list of bodies for out-of-court settlement of consumer disputes in accordance with the requirements specified in this Law, the statute of limitations for an action shall be suspended.
Article 292. A list of bodies for out-of-court settlement of consumer disputes
1. The Ministry of Justice shall draw up and manage a list of bodies for out-of-court settlement of consumer disputes. The list of bodies for out-of-court settlement of consumer disputes shall be public and announced in the website of the Ministry of Justice. The list of bodies for out-of-court settlement of consumer disputes shall be drawn up and managed following the procedure laid down by the Minister of Justice.
2. Authorities for settlement of consumer disputes which are referred to in Article 22(1) of this Law shall be included in the list of bodies for out-of-court settlement of consumer disputes, if information specified by the Minister of Justice is submitted to the Ministry of Justice.
3. Other bodies for out-of-court settlement of consumer disputes shall be included in the list of bodies for out-of-court settlement of consumer disputes upon request provided that:
2) the decision is made by the same number of persons appointed (proposed) by consumer associations and businessmen associations when the consumer dispute is considered and the decision thereto is made collegially;
4. The Ministry of Justice assesses whether the bodies for out-of-court settlement of consumer disputes which have submitted information in accordance with paragraph 3 of this Article meet the requirements established in this Law.
5. Every two years, following the procedure laid down by the Minister of Justice, the bodies for out-of-court settlement of consumer disputes shall submit to the Ministry of Justice reports on their operations related to out-of-court settlement of consumer disputes.
6. The Ministry of Justice shall present the list of the bodies for out-of-court settlement of consumer disputes and other information about implementation of Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC to the European Commission. The Ministry of Justice shall also inform the European Commission about any changes to the list of the bodies for out-of-court settlement of consumer disputes.
7. Where a body for out-of-court settlement of consumer disputes which is included in the list of bodies for out-of-court settlement of consumer disputes fails to meet the requirements laid down in this Law, the Ministry of Justice shall notify the body about it and specify the requirements which the body fails to meet. If the body for out-of-court settlement of consumer disputes except for authorities for settlement of consumer disputes which are referred to in Article 22(1) of this Law fails to eliminate the deficiencies within 3 months after the receipt of notification, the Ministry of Justice shall remove that body from the list of bodies for out-of-court settlement of consumer disputes. In this case the body which is removed from the list of bodies for out-of-court settlement of consumer disputes shall refer all consumer disputes the settlement of which has not been completed to the State Consumer Rights Protection Authority, whereas decisions on the merits of the dispute made by the body concerned prior to its removal from the list of bodies for out-of-court settlement of consumer disputes shall be implemented in accordance with the provisions laid down by the legal acts.
8. No later than by 9 July 2018 and after that date, every four years, the Ministry of Justice shall present to the European Commission the report on development and operations of the bodies for out-of-court settlement of consumer disputes in Lithuania. This report shall:
1) present examples of the best practice of the bodies for out-of-court settlement of consumer disputes;
2) indicate the drawbacks of the out-of-court settlement of consumer disputes which hinder the bodies for out-of-court settlement of consumer disputes to examine consumer disputes including the cross-border consumer disputes and present the supporting statistical data;
Article 293. Characteristics of settlement of cross-border consumer disputes
1. In application of provisions of this section, it shall be deemed that a seller or service supplier is established:
2. In application of provisions of this section, it shall be deemed that a body for out-of-court settlement of consumer disputes is established:
1) in the location of undertaking the operations of out-of-court settlement of consumer disputes, where the body is a natural person;
2) in the location of undertaking the operations of legal entity related to out-of-court settlement of consumer disputes or location of its registered office;
3. Where the law applicable to the consumer contract is determined on the basis of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (hereinafter — Regulation (EC) No 593/2008) or 19 June 1980 Convention on the law applicable to contractual obligations (Rome Convention), a body for out-of-court settlement of consumer disputes shall guarantee that consumers are protected by imperative legal provisions which are valid in the Member State of their habitual residence.
4. In application of this Article, the consumer’s habitual residence shall be determined in accordance with Regulation (EC) No 593/2008.
5. Upon occurrence of a cross-border consumer dispute, consumer wishing to apply to a competent body for out-of-court settlement of consumer disputes in another Member State shall be entitled to get information and assistance from the public institution the European Consumer Centre.
6. State Consumer Rights Protection Authority and the European Consumer Centre shall publish in their websites the list of bodies for out-of-court settlement of consumer disputes which is set up by the European Commission and information about the procedure of out-of-court settlement of consumer disputes in other Member States.
Article 294. Administrative cooperation
Bodies and authorities for out-of-court settlement of consumer disputes implementing the Regulation (EC) No 2006/2004 shall exchange information and cooperate in accordance with the provisions laid down by the Minister of Justice.
Amendments to the section:
No XII-2083, 26/11/2015, published in the TAR on 07/12/2015, identification code 2015-19362
Article 30. Protection of public interests of consumers
1. Public interests of consumers shall be protected by the State Consumer Rights Protection Authority as well as consumer associations meeting the conditions laid down in Article 31 of this Law, and in the cases laid down by Law — other country and municipal institutions and legal entities.
2. Protection of public interests of consumers shall mean filing a claim or a petition (complaint) for the protection of public interests of consumers with the aim to recognize or change legal relationship, prohibit (terminate) actions (failure to act) of the seller or service supplier which infringe the lawful public interests of consumers and are unfair from the point of view of consumers, are incompatible with a fair business practice or are in violation of the Civil Code, this Law or other legal acts.
Article 31. The right of a Consumer Association to protect public interests of consumers
1. Consumer associations shall have the right to protect public interests of consumers, provided such associations meet the following conditions:
2) the purpose of operations, indicated in the founding documents, is representation and protection of consumer rights and lawful interests;
3) at least 20 members comprise an association. In the event that the members of an association are other consumer associations, the total number of the members of these associations shall be no less than 20;
2. When filing a claim or a petition (complaint) for the protection of public interests of consumers, a consumer association shall present to the court the evidence that it corresponds to the conditions specified in paragraph 1 of this Article. The fact that a consumer association meets the condition indicated in Article (1)(4) shall be confirmed by a statement of this consumer association specifying that it is independent of business interests and other interests which are related to the protection of consumer rights, unless it is proven otherwise.
Article 32. Applying to the seller or service supplier
1. Upon having identified that the public interests of consumers were infringed, the State Consumer Rights Protection Authority shall apply to the seller, service supplier and propose to him to cease the infringement of the public interests of consumers within 14 days from the receipt of this proposal, as well as point out to the seller or service supplier that the State Consumer Rights Protection Authority will appeal to the court with a claim or petition (complaint) for the protection of the public interests, if the seller or service supplier will not cease the infringement of the public interests.
2. Upon having identified that the terms and conditions of a consumer contract are unfair, the State Consumer Rights Protection Authority shall apply to the seller, service supplier and propose to him within 14 days from the receipt of this proposal to amend, repeal or discontinue application of the unfair terms and conditions when concluding contracts with consumers, as well as point out to the seller or service supplier that the State Consumer Rights Protection Authority will appeal to the court with a claim or petition (complaint) for recognising the unfair terms and conditions invalid or amending them, if the seller or service supplier will not fulfil the proposal of the State Consumer Rights Protection Authority.
3. Upon having received the proposal of the State Consumer Rights Protection Authority referred to paragraphs 1 or 2 of this Article, the seller, service supplier, who approvals to cease the infringement of the public interests, shall, within the set time limit of 14 days, send to the State Consumer Rights Protection Authority a notification that he approves to cease the infringement of the public interests or that he has ceased the infringement. Having checked that the infringement of the public interests has been actually ceased, the State Consumer Rights Protection Authority shall announce a notification about this fact in its web site. If the infringement of the public interests has not been ceased, the State Consumer Rights Protection Authority shall appeal to the court for the protection of the public interests.
4. The provisions of paragraphs 1–3 of this Article shall apply mutatis mutandis also in the cases when the public interests of consumers are protected by other country and municipal institutions in the cases laid down by law, and of paragraphs 1 and 2 of this Article shall apply mutatis mutandis when the public interests of consumers are protected by consumer associations and, in the case laid down by law, other legal entities.
Article 33. The right of the institutions or organisations of the Member States of the European Union to bring an action in Lithuania for the protection of public interests
1. The institutions or organisations of the Member States of the European Union which are included by the European Commission in the list provided for by Directive 98/27/EC of the European Parliament and of the Council on injunctions for the protection of consumers' interests and published in the Official Journal of the European Union, shall have the right in accordance with Article 49(1) of the Code of Civil Procedure to bring an action in the courts of the Republic of Lithuania for an injunction to cease by the sellers (suppliers) of goods or services the infringements of public interests. The provisions of this paragraph shall apply in the cases when the operations of the sellers (suppliers) of goods and services, functioning in Lithuania, infringe the legal acts of the European Union the list of which shall be approved by the Minister of Justice of the Republic of Lithuania according to the Annex of Directive 98/27/EC of the European Parliament and of the Council on injunctions for the protection of consumers' interests, and such operations infringe the public interests of consumers of any other Member State.
2. The institutions or organisations of the Member States of the European Union may make use of the right to bring an action, specified in paragraph 1 of this Article, only after they have consulted in writing the State Consumer Rights Protection Authority of the Republic of Lithuania. The State Consumer Rights Protection Authority of the Republic of Lithuania shall provide a reply to institutions or organisations of the Member States of the European Union within 14 days. Before bringing an action the institutions or organisations of the Member States of the European Union shall also enjoy the right to apply to the seller or service supplier regarding the cessation of the infringement of the public interests of consumers and to propose to cease the infringement of the public interests of consumers within 14 days after the proposal is received, as well as to point out to the seller or service supplier that if the seller or service supplier will not cease the infringement of the public interests of consumers, the institutions or organisations of the Member States of the European Union shall bring an action to the court for the protection of the public interests.
Article 34. Protection of public interests of consumers in the Member States of the European Union
1. The State Consumer Rights Protection Authority of the Republic of Lithuania shall have the right to appeal to the courts and other competent authorities of the Member States of the European Union with a request to take a decision committing the seller (supplier) of goods and services, functioning in that Member State of the European Union to cease the infringement of the public interests of the Lithuanian consumers.
2. The consumer associations meeting the requirements laid down in Article 31 of this Law, about which the European Commission is notified in compliance with paragraph 3 of this Article, shall also enjoy the right to appeal to the courts or other competent authorities with a request to take a decision committing the seller (supplier) of goods or services, functioning in that Member State of the European Union to cease the infringement of the public interests of the Lithuanian consumers.
3. The State Consumer Rights Protection Authority of the Republic of Lithuania shall, at the request the consumer associations meeting the requirements laid down in Article 31 of this Law, inform the European Commission of the names and purposes of these associations. If other laws will provide for other country institutions for the right to appeal to the courts or other competent authorities of other Member States of the European Union, the State Consumer Rights Protection Authority of the Republic of Lithuania shall inform the European Commission of the names of these institutions as well as of the scope of their authority.
Article 35. Public announcement about the protection of public interests
1. The consumer associations meeting the conditions laid down in Article 31 of this Law and in the cases specified by law — other country and municipal institutions and legal entities who protect public interests of consumers shall, no later than within 5 working days from the accepting of a claim or petition (complaint) to be considered in the court, notify the State Consumer Rights Protection Authority about this. The State Consumer Rights Protection Authority shall announce this information in its web site.
2. The entities referred to in paragraph 1 of this Article shall, no later than within 5 working days from the adoption of a court’s decision in compliance with this section, send this decision to the State Consumer Rights Protection Authority. The State Consumer Rights Protection Authority shall announce in its web site the effective court’s decisions in which the infringement of public interests is laid down.
Article 36. Supply of financial services under contract concluded using means of communication
1. The provisions of this section shall apply when financial services are supplied under contracts concluded using means of communication with the participation of a service supplier himself or his intermediary. The Civil Code and other legal acts regulating the supply of financial services shall apply to the relations of the supply of financial services which are not defined by this section.
3. In the case of a contract for the supply of financial services comprising an initial financial service contract followed by successive operations or a series of separate operations of the same nature performed over time, the provisions of this section shall apply only to the initial financial service contract.
4. In case there is no initial financial service contract but the successive financial operations or the separate financial operations of the same nature performed over time are performed between the same contractual parties, this Article shall apply only when the first operation is performed. Where, however, no operation of the same nature is performed for more than one year, the next operation will be deemed to be the first in a new series of operations and the requirements laid down by this Article shall apply.
5. Prior to the conclusion of a contract for the supply of financial services a supplier of financial services shall provide a consumer with the information which shall contain the date related to the service supplier, the financial service, the contract for the supply of financial services concluded by using means of communication and redress.
6. The following information shall be provided about the supplier of financial services:
1) the service supplier’s business name, head office (address), telephone, fax numbers, e-mail, web site addresses, the register in which the data about this legal entity are accumulated and stored, code of the legal entity, as well as the data about the main business of the service supplier;
2) the identity of the representative of the supplier of financial services functioning in the consumer's Member State of residence and the address relevant for the customer's relations with the representative, if such a representative exists;
3) when before concluding the contract the consumer’s dealings are with any professional other than the supplier of financial services, and if the fact of the consumer’s dealings with the professional and all necessary provided data are known to the supplier of financial services — the professional’s name, surname, the capacity in which he is acting vis-à-vis the consumer, and the address;
7. The following information shall be provided about the financial service:
2) the total price including all related fees, charges, costs and taxes paid via the service supplier or, when an exact price cannot be indicated, the basis for the calculation of the price enabling the consumer to verify it;
3) notice indicating that the financial service is related to instruments involving special risks related to their specific features or the operations to be executed;
4) notice indicating that the price depends on fluctuations in the financial markets outside the supplier's control and that historical performances are no indicators for future performances;
5) notice of the possibility that other taxes and/or costs may exist that are not paid via the service supplier or imposed by him;
8. The following information shall be provided about the contract for the supply of financial services concluded by using means of communication:
1) the existence of a right of withdrawal and the procedure for implementing such right, including information on the amount which the consumer may be required to pay, as well as the consequences of non-exercise of that right or the absence of a right of withdrawal;
2) the minimum duration of the contract in the case of financial services to be performed permanently or recurrently;
3) information on any rights the parties may have to terminate the contract early or unilaterally, including any penalties imposed by the contract in such cases;
4) practical guidelines for exercising the right of withdrawal indicating, inter alia, the address to which the notification of a withdrawal shall be sent;
5) the Member State or States whose laws are taken by the supplier as a basis for the establishment of relations with the consumer prior to the conclusion of the contract;
7) in which language, or languages, the contractual terms and conditions, and the prior information referred to in this section are supplied, and furthermore in which language, or languages, the service supplier, with the agreement of the consumer, undertakes to communicate during the duration of this contract.
9. The following information shall be provided about the redress:
1) whether or not there is an out-of-court procedure for the settlement of disputes concerning the infringement of consumer rights;
10. The commercial purpose of the information referred to in paragraphs 6–9 of this Article shall be provided in a clear and comprehensible manner in any way appropriate to the means of communication used, with due regard to the principles of honesty in contractual relationships, and the principles governing the protection of the persons with incapacity or limited capacity.
11. Information on contractual liabilities, to be communicated to the consumer during the pre-contractual phase, shall be in conformity with the contractual liabilities which would result from the law presumed to be applicable to the contract if the latter were concluded.
12. In the case of voice telephony communications the identity of the supplier of financial services shall be provided and the commercial purpose of the call shall be indicated at the beginning of any conversation with the consumer. When the consumer expresses to the explicit approval, the identity of the person in contact with the consumer and his link with the supplier of financial services as well as the information referred to in this Article (7)(1), (2), (5) and (8)(1) (with the exception of the information on the consequences of non-exercise of the right of withdrawal) shall be also given.
13. In the case of voice telephony communications the supplier of financial services shall inform the consumer about his right to obtain the information other than the information referred to in paragraph 12 of this Article and specify the nature of this information.
14. After the conclusion of the contract, at any time during the contractual relationship the consumer shall be entitled, at his request, to receive any information related to the contract on paper. The consumer shall be entitled to change the means of communication used, unless this is incompatible with the contract concluded or the nature of the financial service provided.
15. The consumer shall receive the information indicated in paragraphs 6–9 of this Article on a durable medium accessible to the consumer before concluding the contract.
16. If at the request of the consumer the contract is concluded using the means of communication which does not enable providing the information in conformity with paragraph 15 of this Article, the service supplier shall provide the information immediately after the conclusion of the contract.
17. The burden of proof that the information has been provided to the consumer in accordance with the requirements for this Article, that the consumer has expressed his approval to conclude the contract and that the performance of the contract is adequate shall be placed on the supplier.
Amendments to the Article:
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
Article 37. The consumer’s right of withdrawal or termination of a contract of financial services concluded by means of communication
1. The consumer shall have the right to withdraw from the contract for the supply of financial services concluded using means of communication, by informing on durable medium the service supplier within a period of 14 days from the date of the conclusion of the contract, unless otherwise provided for in paragraph 2 of this Article.
2. The consumer shall have the right to withdraw from the life insurance contract or the pension accumulation contract concluded using means of communication, by informing on durable medium the service supplier within a period 30 days. The period for withdrawal from pension accumulation contracts shall begin from the day of the conclusion of the contract. The period for withdrawal from life insurance contracts shall begin from the time when the consumer is informed that the contract has been concluded.
3. If the consumer receives the information in accordance with Article 36(15) or (16) of this Law after the conclusion of the contract or later than the notification about the conclusion of the contract, the period for withdrawal shall begin from the date of receipt of the information.
4. It shall be prohibited to restrict the right of the consumer to withdraw from the contract with additional liabilities, fees or to limit it in any other way or to repeal it, with the exception of the cases provided for in this Article.
5. The consumer may not exercise the right laid down in this Article to withdraw from:
1) the contract relating to financial services whose price depends on fluctuations in the financial market outside the supplier’s control, which may occur during the withdrawal period. Financial services whose price depends on fluctuations in the financial market outside the supplier’s control, which may occur during the withdrawal period shall mean the service related to foreign exchange, money market instruments, transferable securities, units in collective investment undertakings, financial-futures contracts, including equivalent cash-settled instruments, forward interest-rate contacts, interest-rate, currency and equity swaps, options to acquire or dispose of any instruments referred to in this subparagraph including equivalent cash-settled instruments (this category includes in particular options on currency and on interest rates);
2) travel and baggage insurance policies or similar short-term insurance policies of less than one month's duration;
6. The consumer who wishes to exercise his right of withdrawal from the contract shall, before the expiry of the deadline for the withdrawal from the contract, notify this to the service supplier, following the practical guidelines given to him in accordance with Article 36(8)(4) of this Law. The deadline shall be deemed to have been observed if the notification (on durable medium available and accessible to the service supplier), is dispatched before the deadline expires.
7. This Article shall not apply to credit contracts, terminated in cases laid down in the Civil Code as additional or preliminary contracts.
8. If together with a contract of a financial service concluded using means of communication another contract has been concluded, using means of communication, concerning services provided by the supplier or by a third party on the basis of an contract between the third party and the supplier, this contract shall be cancelled, without any additional liabilities for the consumer, if the consumer exercises his right of withdrawal from the contract.
9. If the service supplier fails to comply with the provisions of this section, the contract for the supply of financial services concluded using means of communication shall be cancelled without any additional liabilities for the consumer.
10. The supplier of financial services may begin performance of the contract, prior to the expiry of the period for withdrawal from it, only with the consumer’s approval. When the consumer exercises the right to withdraw from the contract, he shall, within the period specified in the contract, pay for the financial service actually provided by the supplier under the contract.
11. The consumer shall pay for the actually supplied financial service, if he has been adequately informed in accordance with Article 36(8)(1) of this Law. The burden of proof that the consumer has been adequately informed shall be placed on the service supplier. The supplier of financial services may not request the payment for the financial service supplied, if he began performance of the contract without a prior approval of the consumer before the expiry of the period for the withdrawal from the contract, provided for in paragraphs 1 or 2 of this Article.
12. The supplier of financial services shall, no later than within 30 days from the day on which the supplier receives the notification of withdrawal from the contract, return to the consumer any sums (and (or) property) he has received from him in accordance with the contract, except for those referred to in paragraph 10 of this Article. The consumer who withdraws from the contract in accordance with paragraphs 1 and 2 of this Article, shall return to the supplier any sums (and (or) property) he has received from the supplier of the financial services no later than within 30 days from the day on which the consumer dispatches the notification of withdrawal.
Amendments to the Article:
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
No XII-701, 19/12/2013, published in the TAR 07/01/2014, identification code 2014-00066
Article 38. Unsolicited financial services
1. It shall be prohibited to supply financial services to a consumer without his approval, when this supply includes a request for payment.
Article 39. Unsolicited communications
1. The supplier may send notifications by automated telephone means of communication without human intervention (automatic calling machines) and fax machines only with the consumer's prior approval.
2. The supplier of financial services may use the means of communication other than those referred to paragraph 1 of this Article, which the consumer uses for personal needs, only with the consumer’s prior approval.
SECTION IX
LIABILITY OF SELLERS AND SERVICE SUPPLIERS
Changes of the name of the section:
No XI-1620, 13/10/2011, Valstybės Žinios (Official Gazette) 2011, No 129-6109 (27/10/2011)
Article 40. Liability for infringement of legal acts regulating protection of consumer rights
1. State Consumer Rights Protection Authority may impose a fine amounting from one hundred forty four Euros to one thousand four hundred forty eight Euros on a seller, service supplier for the failure to comply with requirements (prohibitions) specified in paragraph 5 of Article 6.2285, paragraph 1 of Article 6.2286, paragraph 1 of Article 6.2287, paragraphs 2–6 of Article 6.2288, paragraphs 4 and 5 of Article 6.2289, paragraphs 1, 9 and 10 of Article 6.22810, paragraphs 2, 6–12 of Article 6.22811, paragraphs 3, 4 and 7 of Article 6.22812, paragraph 1 of Article 6.22816 , Article 6.359, Article 6.3591 , paragraphs 3, 7–13 of Article 6.369, paragraphs 4–9 of Article 6.370 of the Civil Code and paragraphs 5–17 of Article 36, paragraphs 1–4, 8–12 of Article 37, paragraph 1 of Article 38, Article 39 of this Law. State Consumer Rights Protection Authority may impose a fine amounting from seventy two Euros to seven hundred twenty four Euros on the seller, service supplier for the failure to comply with requirements specified in paragraphs 3–5 of Article 5, paragraphs 2 and 3 of Article 21 of this Law.
Amendments to the paragraph of the Article:
No XII-1256, 16/10/2014, published in the TAR 27/10/2014, identification code 2014-14862
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
2. When imposing a particular fine, the mitigating or aggravating circumstances referred to in paragraphs 3 and 4 of this Article, the nature, duration and scope of infringement shall be taken into consideration. The amount of the fine to be imposed shall be determined on the basis of the average of the minimum and maximum amount of the fine, with taking into consideration the mitigating or aggravating circumstances. In the event of mitigating circumstances, the amount of the fine shall be decreased from the average amount to the minimum amount, whereas in the event of aggravating circumstances, the amount of the fine shall be increased from the average amount to the maximum amount. When there are both mitigating and aggravating circumstances, the amount of the fine shall be determined on the basis of the amount and significance of such circumstances. The decrease or increase of the amount of the fine shall be grounded in the resolution of the State Consumer Rights Protection Authority.
3. A mitigating circumstance shall be considered the fact that a seller, service supplier who has committed infringement voluntary prevented the damaging consequences of the infringement committed, assisted the State Consumer Rights Protection Authority in the course of investigation, compensated losses and (or) repaired the damage done. Consumer Rights Protection Authority may also recognise other circumstances which are not specified in this paragraph as mitigating ones.
4. An aggravating circumstance shall be considered the fact that a seller, service supplier impeded the investigation, concealed the committed infringement or in the course of one year committed infringement again which has already been punished by a fine laid down by this Law, a warning has been issued.
5. The court examining the complaint against the resolution of the State Consumer Rights Protection Authority on imposing a fine shall consider the mitigating and other circumstances (due to which the respective fine to the seller, service supplier would be obviously too big, because not proportionate to the committed infringement and thus being unjust) and, following the criteria of justice, rationality, shall have the right to impose a fine which is lesser than the minimum amount of the fine specified in paragraph 1 of this Article.
6. A fine of up to two hundred eighty nine Euros may be imposed for the failure to submit information which is relevant for investigation, as well as submission of incorrect or incomplete information, avoidance to present oneself and give explanations as requested by the State Consumer Rights Protection Authority, where a warning has been issued before
Amendments to the paragraph of the Article:
No XII-1256, 16/10/2014, published in the TAR 27/10/2014, identification code 2014-14862
7. Sellers and service suppliers shall be liable for other violations of legal acts regulating protection of consumer rights in accordance with procedure laid down by the laws.
Amendment to the Article:
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
No XII-701, 19/12/2013, published in the TAR 07/01/2014, identification code 2014-00066
Article 41. Basis to Start the Examination Procedure of a Possible Consumer Rights Violation
The examination procedure of a consumer rights violation (hereinafter — consumer rights violation) indicated in Article 40(1) of this Law is started:
1) after receiving a complaint from the consumer, country or municipal institution or body, or a consumer association (hereinafter — applicants);
2) on the initiative of the State Consumer Rights Protection Authority after making a motivated decision, if it determines enough data on the possible consumer rights violation.
The Law supplemented with Article:
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
Article 42. Submission and examination of appeal for initiation of investigation into possible infringement of consumer rights
1. An appeal on a possible infringement of consumer rights (hereinafter — the appeal) shall be submitted to the State Consumer Rights Protection Authority in writing.
2. The appeal shall specify:
1) applicant’s name, surname, address (if applicant is a natural person) or name, code, registered office (if applicant is a legal entity) and contact details;
3. It shall be refused to initiate the procedure of investigation into possible infringement of consumer rights on the basis of the submitted appeal if:
1) infringement indicated in the appeal does not fall within the competence of the State Consumer Rights Protection Authority;
2) the factual data indicated in the appeal have already been verified and a relevant resolution has been made by the State Consumer Rights Protection Authority;
3) there are no factual data allowing to reasonably presume that consumer rights have been infringed, or the applicant fails to submit supporting documents within the set time limits and without justifiable reason;
4. Within 30 calendar days after the receipt of the appeal meeting the requirements specified in this Article, the State Consumer Rights Protection Authority shall notify the applicant of the reasons for refusing to initiate the procedure of investigation into infringement of consumer rights.
The Law supplemented with Article:
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
Article 43. Participants and other parties in the procedure of investigation of infringement of consumer rights
1. During investigation of infringement of consumer rights the following parties shall be present:
2) the applicant whose appeal is the basis for initiation of procedure of investigation into infringement of consumer rights;
2. The parties referred to subparagraphs 1 and 2 of paragraph 1 of this Article shall hereinafter in this Law be referred to as the parties of procedure of investigation into infringement of consumer rights.
Article 44. Procedure and terms of investigation of infringement of consumer rights
1. Upon commencement of procedure of investigation of infringement of consumer rights, the State Consumer Rights Protection Authority shall address in writing the seller, service supplier whose actions are complained and request within the time limit set by the State Consumer Rights Protection Authority to present a grounded explanation and the supporting evidence on the circumstances on the basis of which the procedure of investigation of infringement of consumer rights has been initiated.
2. At least 14 calendar days prior to the consideration of infringement of consumer rights in the State Consumer Rights Protection Authority, the parties of procedure of investigation into infringement of consumer rights shall be notified by registered letter about the possible infringement of consumer rights, the venue and time of investigation of that infringement and shall also be offered to familiarize with the received documents and other information and present written explanations.
3. If the parties of procedure of investigation into infringement of consumer rights are not present during investigation of possible infringement of consumer rights, this infringement may be considered only when there is data showing that the parties have been properly and timely notified of the venue and time of investigation of infringement of consumer rights.
4. In the course of investigation of infringement of consumer rights, the parties of this procedure shall have the right to get access to the received documents and other information, give oral or written explanations, submit motions, present additional information and other documents.
5. The State Consumer Rights Protection Authority shall investigate the possible infringement of consumer rights and impose the sanctions specified in Article 40 of this Law within the shortest possible term, but no later than within 4 months after the receipt of the appeal referred to in Article 41 of this Law by the State Consumer Rights Protection Authority or the day of the decision made.
The Law supplemented with Article:
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
Article 45. Duty to provide information
A seller, service supplier who is the reason for initiation of investigation of infringement of consumer rights, shall present to the State Consumer Rights Protection Authority information and documents necessary for investigation of a possible infringement of consumer rights.
The Law supplemented with Article:
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
Article 46. Resolution after completion of procedure of investigation into infringement of consumer rights
1. Upon completion of investigation of infringement of consumer rights, the State Consumer Rights Protection Authority shall pass the resolution which shall indicate the following:
3) data on the person (collegial body) passing the resolution, secretary of the sitting, parties of the procedure of investigation of infringement of consumer rights and other participating interested parties;
4) data on the seller or service supplier in respect of actions (omission) of whom the resolution has been made;
5) content of the appeal on the grounds of which the procedure of investigation of infringement of consumer rights has been initiated;
9) statements given by the seller or service supplier whose actions (omission) were the subject of the resolution and assessment thereof;
11) procedure for implementation of resolution and the time limit during which the resolution has to be implemented;
2. Having completed the procedure of investigation of infringement of consumer rights, the State Consumer Rights Protection Authority shall be entitled to decide:
1) to obligate the seller, service supplier who have infringed consumer rights to discontinue unlawful acts;
3. The resolution of the State Consumer Rights Protection Authority within 3 working days after its passing shall be sent by registered post to the applicant and the party in respect of whom the resolution has been made.
The Law supplemented with Article:
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
Article 47. Public announcement
Having stated that a seller, service supplier has committed the infringement of consumer rights, the State Consumer Rights Protection Authority shall announce it publicly in its website after 30 calendar days following the passing of resolution. If within 30 calendar days after the passing of resolution the seller, service supplier whose actions are the subject of the resolution appeal against that resolution to the court, the State Consumer Rights Protection Authority shall announce publicly the infringement of consumer rights in its website when the court proceedings are over.
The Law supplemented with Article:
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
Article 48. Implementation of resolution
1. The resolution made by the State Consumer Rights Protection Authority shall be implemented no later than within one month after the delivery of the resolution to the seller, service supplier who has infringed the consumer rights. In the event of appealing against the resolution of the State Consumer Rights Protection Authority regarding imposition of the fine, the fine shall be paid no later than within 30 calendar days after the court decision on rejecting the appeal becomes effective.
2. The resolution made by the State Consumer Rights Protection Authority is an enforceable document which is to be enforced in accordance with procedure laid down by the Civil Procedure Code. The resolution of the State Consumer Rights Protection Authority may be presented for implementation no later than within 3 years after its passing.
The Law supplemented with Article:
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
Article 49. Appealing against the resolution
1. The seller, service supplier, applicant who disagrees about the resolution made by the State Consumer Rights Protection Authority shall have the right within 30 calendar days after passing of resolution to appeal against it to the court following the procedure laid down by the Law on Administrative Proceedings.
2. Applying to the court shall suspend the implementation of resolution of the State Consumer Rights Protection Authority regarding imposition of the fine.
The Law supplemented with Article:
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS
Annex to
Law on Consumer Rights Protection
of the Republic of Lithuania
THE LEGAL ACTS OF THE EUROPEAN UNION
WHICH ARE IMPLEMENTED BY THIS LAW
1. Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests (OJ, 2004 Special Edition, section 15, volume 4, page 223) with the latest amendments done by Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 (OJ 2004 Special Edition, section 6, volume 4, p. 321).
2. Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ 2004 Special Edition, section 15, volume 4, page 223).
3. Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EC and Directives 97/7/EC and 98/27/EC (OJ 2004 Special Edition, section 6, volume 4, p. 321).
4. Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (OJ 2004 L 364, p. 1).
5. Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC (OJ 2007, L 319, p. 1).
6. Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (OJ 2009 L 33, p. 10).
7. Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ 2011, L 304, p. 64).
8. Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ 2013 L165, p. 63).
Supplemented with Article subparagraph:
No XII-2083, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19362
Amendments to the Annex:
No XI-562, 10/12/2009, Valstybės žinios (Official Gazette), 2009, No 153-6900 (28/12/2009)
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
No XII-701, 19/12/2013, published in the TAR 07/01/2014, identification code 2014-00066
Amendments:
1.
Seimas of the Republic of Lithuania, Law
No VIII-1946, 19/09/00, Valstybės žinios (Official Gazette), 2000, No 85-2581 (11/10/00)
LAW AMENDING THE LAW ON CONSUMER PROTECTION
The new version of the Law
Law Amending the Law on Consumer Protection, except Articles 29 and 30 of the Law on Consumer Protection comes into force on 1 January 2001.
A 6-month period is applicable instead of the 2-year period indicated in Article 7(4) and (6) of the Law on Consumer Protection until 1 January 2004.
2.
Seimas of the Republic of Lithuania, Law
No IX-1575, 22/05/2003, Valstybės žinios (Official Gazette), 2003, No 54-2372 (04/06/2003)
LAW SUPPLEMENTING ARTICLE 5 OF THE LAW ON CONSUMER PROTECTION
3.
Seimas of the Republic of Lithuania, Law
No IX-2173, 27/04/2004, Valstybės žinios (Official Gazette), 2004, No 72-2496 (30/04/2004)
LAW AMENDING AND SUPPLEMENTING ARTICLES 1, 2, 4, 30 AND SUPPLEMENTING THE LAW WITH SECTION NINE AND TEN AND THE ANNEX OF THE LAW ON CONSUMER PROTECTION
Article 4 of this Law is in force since 1 September 2004.
4.
Seimas of the Republic of Lithuania, Law
No X-498, 19/01/2006, Valstybės žinios (Official Gazette), 2006, No 17-594 (11/02/2006)
LAW AMENDING ARTICLES 5, 8, 10, 29 AND 30 OF THE LAW ON CONSUMER PROTECTION
New version of the Law
Name of the Law amended
This Law, except paragraph 3 of this Article, is in force since 1 March 2007.
6.
Seimas of the Republic of Lithuania, Law
No XI-562, 10/12/2009, Valstybės žinios (Official Gazette), 2009, No 153-6900 (28/12/2009)
LAW SUPPLEMENTING ARTICLE 1 AND ANNEX OF THE LAW ON CONSUMER PROTECTION
7.
Seimas of the Republic of Lithuania, Law
No XI-1620, 13/10/2011, Valstybės žinios (Official Gazette), 2011, No 129-6109 (27/10/2011)
LAW AMENDING ARTICLES 2, 5, 16, 36, 37 AND SECTION NINE AND SUPPLEMENTING THE ANNEX OF THE LAW ON CONSUMER PROTECTION
This Law, except Article 8, is in force since 1 December 2011.
8.
Seimas of the Republic of Lithuania, Law
No XI-1686, 17/11/2011, Valstybės žinios (Official Gazette), 2011, No 146-6832 (01/12/2011)
LAW AMENDING ARTICLE 22 OF THE LAW ON CONSUMER PROTECTION
This Law is in force since 1 January 2012.
9.
Seimas of the Republic of Lithuania, Law
No XI-1765, 01/12/2011, Valstybės žinios (Official Gazette), 2011, No 153-7202 (15/12/2011)
LAW AMENDING ARTICLES 10, 19 AND 21 OF THE LAW ON CONSUMER PROTECTION
This Law, except paragraph 2 of this Article is in force since 1 July 2012.
10.
Seimas of the Republic of Lithuania, Law
No XII-267, 07/05/2013, Valstybės žinios (Official Gazette), 2013, No 54-2672 (25/05/2013)
LAW AMENDING ARTICLE 20 OF THE LAW ON CONSUMER PROTECTION
11.
Seimas of the Republic of Lithuania, Law
No XII-701, 19/12/2013, published in the TAR 07/01/2014, identification code 2014-00066
LAW AMENDING AND SUPPLEMENTING ARTICLES 2, 4, 5, 14, 15, 37, 40 AND THE ANNEX AND REPEALING ARTICLE 16 OF THE REPUBLIC OF LITHUANIA LAW ON CONSUMER PROTECTION
The Law is in force since 13 June 2014.
Amendments:
1.
Seimas of the Republic of Lithuania, Law
No XII-1256, 16/10/2014, published in the TAR 27/10/2014, identification code 2014-14862
Republic of Lithuania Law amending Article 40 of the Law on Consumer Protection No I-657
2.
Seimas of the Republic of Lithuania, Law
No XII-1866, 25/06/2015, published in the TAR 03/07/2015, identification code 2015-10766
Republic of Lithuania Law amending Articles 10, 12, 19 and 21 of the Law on Consumer Protection No I-657
3.
Seimas of the Republic of Lithuania, Law
No XII-2095, 26/11/2015, published in the TAR 07/12/2015, identification code 2015-19373
Republic of Lithuania Law amending Article 2 and repealing Articles 1, 3 and 4 of Law No XII-1866 amending Articles 10, 12, 19 and 21 of the Law on Consumer Protection No I-657,