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What it is

Stronger consumer protection in contracts, parking and associations

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 24 March 2006. Introduced by: Gobierno.

Official title: Government bill for the improvement of the protection of consumers and users.

Follow this law

Source: Congreso de los Diputados, file 121/000083· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law fixes two problems flagged by the Court of Justice of the European Communities when applying the directive on abusive clauses: the rule of interpreting unclear clauses in the consumer's favor will only apply to individual actions, not collective ones, and protection is extended even when the parties chose the law of a country outside the European Economic Area.
  2. It strengthens the consumer's right to end ongoing service or supply contracts: excessive terms, disproportionate obstacles and charges for services not actually provided are banned, and the contract must explain how to cancel. Charging for products or services not actually used is also banned.
  3. In home sales, clauses that pass on to the consumer costs that belong to the seller, such as certain taxes or utility connection fees, are considered abusive.
  4. Agreements to use arbitration other than the consumer arbitration system can only be signed after the dispute with the consumer arises; if signed earlier, they are void. Pre-contract information must be free, and so must the written formalization of the contract.
  5. The rules for consumer associations are reformed: they must register in the State Register, meet transparency duties, cannot take money from companies or run commercial advertising, and those that break the rules can lose their status for at least five years.
  6. In parking lots, the receipt must identify the vehicle (by license plate or another marker) and state whether keys are handed over; in rotating parking the price is set per minute, with no rounding for unused time, and the law applies to all business parking activities.

Words worth knowing

Cláusula abusiva (abusive clause)
A contract term, not individually negotiated, that significantly harms the consumer and favors the business.
Acción de cesación (cessation action)
A lawsuit asking a court to ban the widespread use of a clause or practice harmful to consumers.
Tracto sucesivo o continuado (ongoing supply)
A contract performed continuously over time, such as electricity, water or a subscription.
Nula de pleno derecho (automatically void)
The clause has no effect at all, as if it did not exist, without anyone needing to challenge it first.
Estacionamiento rotatorio (rotating parking)
A parking lot where you leave your car for a variable time, without a reserved spot, and pay for the time used.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced24 March 2006Someone registers the text in the Congreso.
  2. Admitted28 March 2006The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments31 March 2006Groups propose changes.
  4. Committee24 May 2006A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate4 October 2006The Senate can pass it, amend it or veto it.
  7. BOE21 December 2006It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Mar 2006Jun 2006Sept 200611. 24 March 2006: Presentación22. 28 March 2006: Comisión de Sanidad y Consumo Publicación desde 28/03/2006 hasta 31/03/200633. 28 March 2006: Calificación44. 31 March 2006: Comisión de Sanidad y Consumo Enmiendas desde 31/03/2006 hasta 24/05/200655. 24 May 2006: Comisión de Sanidad y Consumo Informe desde 24/05/2006 hasta 26/09/200666. 26 September 2006: Comisión de Sanidad y Consumo Aprobación con competencia legislativa plena desde 26/09/2006 hasta 04/10/200677. 4 October 2006: Senado desde 04/10/2006 hasta 13/12/200688. 13 December 2006: Pleno Enmiendas o veto del Senado desde 13/12/2006 hasta 21/12/200699. 21 December 2006: Concluido - (Aprobado con modificaciones) desde 21/12/2006 hasta 29/01/2007

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 44/2006, of December 29, on the improvement of the protection of consumers and users

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error