Chapter Content Free Access

1. 1. General

2. 2. Protections in Relation to the Quality and Function of Goods and Services

3. 3. Protections/Prohibitions in Relation to the Safety of Goods and Services

4. 4. Prohibitions Relating to “Conduct” Against Consumers

5. 5. Other Protections/Prohibitions

6. 6. Investigation of Potential Breaches

7. 7. Enforcement

8. 8. Appeals

9. 9. Current Trends and Anticipated Reforms

1. General

1.1 What legislation, regulations and guidelines are relevant to consumer protection in your
jurisdiction?

Romanian legislation, which impacts consumer protection, comprises the following main normative acts
(as subsequently amended):

i. Government Ordinance no. 21/1992 on consumer protection;

ii. Law no. 296/2004 regarding the Consumption Code;

iii. Law no. 193/2000 regarding abusive clauses in contracts concluded between professionals and
consumers;

iv. Government Ordinance no. 99/2000 on the commercialisation of market products and services;

v. Law no. 148/2000 on advertising;

vi. Law no. 245/2004 on general product safety, implementing into the national legislation Directive
2001/95 on general product safety;

vii. Law no. 240/2004 on the liability of the manufacturer for the damages generated by defective
products, implementing into the national legislation Directive 85/374/EEC on the approximation
of the laws, regulations and administrative provisions of the Member States concerning liability
for defective products;

viii. Law no. 363/2007 on the prevention of unfair business-to-consumer commercial practices and
on the harmonisation of current enactments with the European legislation in the field of
consumer protection, implementing into the national legislation Directive 2005/29/EC
concerning unfair business-to-consumer commercial practices in the internal market;

ix. the National Consumer Protection Authority (“ANPC”) Order no. 72/2010 regarding some
measures of consumer information;
 x. Government Decision no. 700/2012 on the organisation and operation of the National Authority
for Consumers’ Protection;

xi. Government Emergency Ordinance no. 34/2014 regarding the rights of consumers within the
contracts concluded with the professionals, implementing into the national legislation Directive
2011//83/EU on consumer’s rights;

xii. Government Ordinance no. 38/2015 regarding the alternative settlement of disputes between
consumers and traders, implementing into the national legislation Directive 2013/11/EU on
alternative dispute resolution for consumer disputes;

xiii. Government Emergency Ordinance no. 140/2021 on certain aspects concerning contracts for the
sale of goods;

xiv. Government Emergency Ordinance no. 141/2021 on certain aspects concerning contracts for the
supply of digital content and digital services;

xv. Government Emergency Ordinance no. 84/2022 on the prevention of speculative actions and
amending and supplementing certain normative acts;

xvi. ANPC Order no. 201/2022 on the supply of information in the context of the sale of finished
goods/food provided by public establishments serving food;

xvii. ANPC Order no. 449/2022 on certain measures for the information of consumers on alternative
dispute resolution;

xviii. ANPC Order no. 450/2022 on certain measures for the information of consumers on the
insolvency of individuals;

xix. ANPC Guidelines for the labelling and advertising of poultry products as of 2022;

xx. Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022
on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);

xxi. ANPC Order no. 182/2023 on the obligation of economic operators to provide consumers with
clear and unequivocal information on the price of products;

xxii. ANPC Order no. 225/2023 on the information of consumers by the economic operators
conducting online activities;

xxiii. Government Decision 1219/2023 for the amendment of annexes no. 1 and 2 to the Government
Decision no. 251/1994 on the establishment of the componence, duties and manner of
organisation and operation of the Consultative Committee for Consumers Protection;

xxiv. Law no. 414/2023 on representative actions for the protection of the collective interests of
consumers; and

xxv. the National Authority for Administration and Regulation in Communications (“ANCOM”)
Decision no. 73/2023 on the obligations to inform end users and other measures for their
protection.
1.2 What is the definition of “consumer” (i.e., who does consumer protection law protect)?

According to the provisions of Government Ordinance no. 21/1992, the general legal framework in the
field of consumer protection in Romania, a consumer is any natural person or group of natural persons
organised in associations who is acting, in respect of the contracts he intends to conclude, for purposes
which are outside their trade, industry, production, handcraft or to liberal activities.

Government Ordinance no. 21/1992 provides for a general legal definition of the “consumer” legislation
regulating specific fields provides different definitions. By way of example, the legal definition of the
consumer under Law no. 321/2009 on commercialisation of food products is construed as to include
both natural and legal persons purchasing, acquiring, using or consuming food products.

1.3 Who is/which entities are required to comply with consumer protection law?

As a rule, any authorised natural or legal person, who produces, imports, transports, stores or markets
products or parts thereof, or renders services for the benefit of consumers within the Romanian market,
is required to comply with consumer protection law.

1.4 Which agency/agencies is/are responsible for enforcing consumer protection law (i.e., who is
the investigator and who is the adjudicator)?

Pursuant to the Government Decision no. 700/2012, the ANPC is the specialised central public
administration body in this matter, subordinate to the Romanian Government under the coordination of
the Ministry for Economy, Trade and Business Environment.

The ANPC has the power to supervise and conduct on-site inspections regarding aspects on consumer
protection and to ascertain minor offences in order to apply the sanctioning measures provided by the
law (fines and complementary measures) and to notify competent authorities responsible for criminal
offences.

1.5 Are there any specific bodies that regulate/enforce consumer protection law in specific
sectors?

Yes, depending on the specific sector, in addition to the ANPC, there is a number of authorities that
ensure compliance with consumer protections requirements in Romania.

By way of example, the consumer protection field is often interconnected with the sanitary-veterinary
and hygiene-related domain and thus the National Sanitary Veterinary and for Food Safety Authority
(“ANSVSA”) also has a key role in ensuring observance of the consumer protection rules at the national
level.

In the financial sector, the Financial Supervisory Authority is competent to protect consumers through its
preventive monitoring and warning actions on potential violations of consumers’ rights and interests,
and through reactive actions following supervision, control and settlement of petitions.

The National Office of Vine and Wine Products is charged with the enforcement of legal provisions in
order to protect the health of consumers and to contribute to food safety, while in the vegetables and
fruit sector the State Inspection for the Technical Control regarding the Vegetable and Fruit Production
and Use under Ministry of Agricultural and Rural Development is charged to perform quality control
according to the standards for trading fresh fruit in order to satisfy consumers’ requirements and to
ensure, at the same time, a balanced ratio between quality and price.

In the medical sector, the National Agency for Medicines and Medical Devices takes adequate measures
for the withdrawal, prohibition and/or restriction of any product intended for human consumption that
may compromise the health and/or safety of consumers.

In the field of communications and postal services, ANCOM also has powers to regulate and to check
compliance and apply sanctions in relation to the economic operators’ conduct towards consumers.

2. Protections in Relation to the Quality and Function of Goods and Services

2.1 Please describe any protections regarding the quality and function of goods and services
acquired by consumers.

As a principle, under the general legal framework within the consumer protection field, consumers have
the right to be provided with complete, precise and accurate information regarding the essential
characteristics of the products acquired and the services rendered in order to be able to make a rational
choice, in accordance with their interests, between products and services offered and to be able to use
said products and/or services for the purpose for which they were intended, in full safety.

Under the Romanian Civil Law, as a general principle applicable in relation to the liability for the quality
and function of goods sold, the seller is responsible for:

i. any hidden defects of the product which do not allow for the intended use by the buyer or which
would result in a price fall if the defect would have been known; and

ii. ensuring the guarantee of the buyer of the product for the proper function, as per the
contractual provisions in place between the parties.

GEO no. 140/2021 transposes the Directive (EU) 2019/771 and takes over the segregation between the
responsibility of the seller and of the producer in the field of guarantees associated to the consumers
goods, as follows:

i. Statutory guarantee – the seller is held liable for any lack of conformity existing on the date
when the goods are delivered and which is identified within no more than two years from such
date.

ii. Commercial guarantee – designates the undertaking of the seller or the manufacturer to the
consumer to reimburse the price paid or replace or repair the product in the conditions provided
in this respect by the issuer, under the terms and conditions provided in the commercial
guarantee. Repairs or replacements performed within the commercial guarantee period must
be completed within a reasonable timeframe without, however, exceeding 15 calendar days as
of the moment that the seller was informed by the consumer about the lack of conformity.

2.2 Please outline the substantive tests for these protections.

Law no. 240/2004 on the liability of the manufacturer for the damages generated by defective products
established that, under the conditions provided by the normative act, the producer is liable for the
present and future damage caused by a product’s defect. This general principle of liability, as
enunciated therein, is subject to specific procedural and substantive conditions.

In what concerns the conditions established through GEO no. 140/2021, the normative act establishes
that the seller is bound to deliver to the consumer only products that are compliant with the purchase-
sale contract and also comply with subjective requirements for conformity.

Under the statutory guarantee, the consumer has the right to benefit from product repair or product
replacement. In case these remedies are not possible to be offered to the consumer under the
conditions provided by the law, the later has the right to a corresponding price reduction or termination
of the contract (for seller’s fault).

GEO no. 140/2021 and GEO no. 141/2021 provide, however, a set of rules to be observed when issuing
and providing the consumer with a commercial guarantee certificate, such as the mandatory elements to
be contained by said certificate.

2.3 What types of goods and services are covered by the protections relating to the quality of
goods and services?

Under the general rules of the Civil Code, goods are defined as tangible or intangible property, covered
by a patrimonial right.

Under the legal framework in the consumer protection field, the legal definitions of goods covered by
protection as presented above do not depart from the provisions of the European Union normative acts.

2.4 Are there any exceptions to these protections?

Law no. 245/2004 on general product safety expressly excludes from its sphere of applicability, and thus
from the protection offered to the consumers, second-hand products which are supplied as antiques or
as products subject to further reparation or reconditioning operations before their use. The exception
regulated by Law no. 245/2004 is conditioned by prior information of the consumer, by the supplier, on
the necessity of said reparations or recondition operations.

In line with the EU legislation, GEO no. 140/2021 transposes specific categories of goods which are
exempted from its scope, as follows: goods sold by way of execution or otherwise by authority of law;
sale contracts for second hand goods sold at public auctions; and water, gas and electricity if not put for
sale in a limited volume or set quantity.

As per the provisions of GEO no. 140/2021 and GEO no. 141/2021, the seller of the goods or,
respectively, the provider of digital content or digital services cannot be held liable by consumers if the
latter were informed about the lack of conformity with respect to certain objective requirements before
concluding the contract and, in spite of such disclosure, the respective consumers have provided a
separate and express agreement on such lack of conformity.

In the case of goods with digital elements, digital content or digital services, if the consumer fails to
install in due time the updates of which the consumer had been previously informed and which have
been provided to him/her/them, the provider or the seller will not be responsible for the lack of
conformity caused by the absence of such updates.
Also, in terms of installation, the seller cannot be held responsible for the incorrect installation of goods,
if such process was not part of the agreement or it was not performed by or on behalf of the seller.

2.5 What remedies are available for a breach of the protections in relation to the quality and
function of goods and services?

Under Law no. 240/2004 on the liability of the manufacturer for the damages generated by defective
products, the injured person shall initiate an action for damages against the producer, with the
competent court of law, in relation to the prejudice caused by a defective product placed on the market
by the defendant.

In what concerns the protection against unsafe products under Law no. 245/2004, the ANPC may impose
fines and complementary measures for manufacturers and/or distributors in relation to products
presenting potential safety issues. In this respect, Law no. 245/2004 offers the ANPC the possibility to
request the economic operators marking the products with corresponding warnings in relation to risks
that may present as well as to condition the placement of a product on the market by compliance with
specific safety pre-conditions.

Under the GEO no. 140/2021 and GEO no. 141/2021, in addition to fines and complementary measures
that can be imposed by the ANPC, the consumer has the right to require and request that the lack of
conformity be remedied, the defective goods be replaced, to obtain a price reduction or to terminate the
contract (for fault) with full reimbursement.

2.6 Who has or which agencies have standing to initiate proceedings for a breach?

Any consumer that has suffered a prejudice from an illicit act of a professional under the consumer
protection legislation may initiate proceedings with the ANPC or with the competent court of law for
said breach.

In terms of entitled agencies, Government Ordinance no. 21/1992 on consumer protection defines
consumers associations as non-governmental organisations established as legal persons under the law
and which, without pursuing making profit for their members, have as sole purpose to protect the rights
and legitimate interests of their members or of consumers, in general.

In case of breach, the consumer is advised to initiate talks with the merchant and if the answer received
is not satisfactory, the consumer can lodge a complaint with the National Authority for Consumers’
Protection or the European Consumer Centre – ECC Romania.

Depending on the breach, the Consumers’ Protection Associations are also competent to file legal action
in order to safeguard the rights and legitimate interests of their members.

2.7 Describe at least two examples of public or private enforcement of these protections in the last
five years, including the conduct/alleged conduct, result and penalties imposed.

In 2022, the ANPC conducted a control focusing on the accommodation industry and the compliance of
various hotels in Bucharest with the consumer protection rules. Following such control, the ANPC
sanctioned several hotels with fines and ceased on a temporary basis the accommodation services in
certain rooms or sections of the respective units. The main deficiencies identified by the authority relied
on the maintenance of cleanliness of various functional areas and lack of conformity of food products
served in such hotels (see [Hyperlink] and [Hyperlink] ).

In September 2023, the ANPC conducted a large control action among the economic operators whose
activity involves precious metals. Following such control actions, the ANPC imposed fines, confiscated
objects which did not have the State’s stamp, and which had a counterfeited State stamp, whose
authenticity in terms of State’s stamp could not be established and proposed the suspension of the
licence for conducting operations involving precious metals. The alleged infringements consisted, among
others, in the sale of objects containing non-precious stones (glass) for the same price applicable to
precious metals, lack of documentation related to the origin of products and lack of State’s stamp on the
object made of precious metals (see [Hyperlink] ).

3. Protections/Prohibitions in Relation to the Safety of Goods and Services

3.1 Please describe any protections regarding the safety of goods and services acquired by
consumers.

The specific protection regarding the safety of goods acquired by consumers is regulated by Government
Ordinance no. 21/1992 on consumer protection and Law no. 245/2004 on general product safety.

Government Ordinance no. 21/1992 on consumer protection establishes obligations for both producers
and distributors of goods as well as for services providers in order to ensure that only safe goods are
placed on the market and further commercialised to consumers and that only safe services are provided
to consumers.

Law no. 245/2004 on general product safety sets forth the general rule under which producers are
bound to place on the market only safe products. Specific obligations are established also for
distributors in order to ensure full compliance with the applicable safety requirements.

3.2 Please outline the substantive tests for these protections.

Government Ordinance no. 21/1992 establishes a general set of obligations for the producers and
distributors of goods as well as specific imperative requirements to be observed by services providers in
order to ensure that no products are placed on the market and no services are provided to the consumer
as long as potential risks for consumers’ health, safety and security may be identified or anticipated
whatsoever.

Law no. 245/2004 on general product safety imposes a general obligation for the producer of a product
to ensure the provision of the consumer with useful information in order to enable the later to assess
the risks inherent in a product throughout the normal or reasonably foreseeable period of its use, where
such risks are not immediately obvious without adequate warning, and to take precautions against those
risks.

The practice of the ANPC on the national market, within control and supervision actions performed at
the economic operators, clearly reveals that focus is being placed on verification of compliance of the
products with the safety and security requirements.

3.3 What types of goods and services are covered by the protections relating to the safety of goods
and services?
Under the general legal definition provided by Law no. 245/2004 on general product safety, the
protection relating to the safety of goods shall cover any product, including in the context of providing a
service, which is intended for consumers or likely, under reasonably foreseeable conditions, to be used
by consumers even if not intended for them, and that is supplied or made available, whether for
consideration or not, in the course of a commercial activity, and whether new, used or reconditioned.

3.4 Are there any exceptions to these protections?

Exceptions to the protection granted to the consumers through the general and specific pieces of
legislation at the European Union and national level in terms of safety and security of products and
services are usually regulated in the form of objective or subjective exemptions or limitations of liability
of the producer, distributor, service provider or other economic operator in the commercial chain.

For example, according to Law no. 240/2004 on the liability of the manufacturer for the damages
generated by defective products, the manufacturer is not liable where:

i. the defect causing the damage did not exist when the product was placed on the market;

ii. the defect arose only because the product had to fulfil mandatory technical requirements;

iii. according to the latest scientific and technical standards no one could have foreseen the defect
when the product was placed on the market;

iv. the product was not manufactured for sale and it was not put into circulation; and

v. the defect was caused by the consumer’s actions.

3.5 What remedies are available for a breach of the protections in relation to the safety of goods
and services?

In addition to fines and other measures that may be imposed by authorities to the trader, the consumer
has the right of redress against the trader for damages due to the breach of the legal provisions.

3.6 Are there mandatory reporting requirements with respect to the safety of goods or services?

Government Ordinance no. 21/1992 on consumer protection establishes the general obligation for the
producer to stop all deliveries, and to withdraw from the market and/or from the consumers any
products that does not fulfil its prescribed or declared characteristics, being able to affect the life, health,
security or economic interest of the consumers.

According to Law no. 245/2004 on general product safety, when producers and distributors know or
ought to know, on the basis of the information in their possession and as professionals, that a product
that they have placed on the market poses risks to the consumer that are incompatible with the general
safety requirement, they shall immediately inform the competent authorities, giving details, in particular,
of action taken to prevent risk to the consumer. The minimum mandatory information to be provided
are taken over from Directive 2001/95/EC on general product safety.

3.7 Describe any voluntary or mandatory product safety recall regimes.

Law no. 245/2004 on general product safety regulates the recall procedures as a last resort to be used by
producers when:
 i. any other actions provided by the law for eliminating or reducing the potential risks identified in
relation to products already placed on the market are not sufficient;

ii. the producer considers it as necessary; and/or

iii. the producer is obliged by the ANPC to take this measure.

The ANPC offers, within the public webpage of the authority, relevant information with respect to the
obligation of producers and distributors under the safety and security related requirements provided by
Law no. 245/2005, along with the template form to be used within the notification procedure. After
receiving the completed form from the economic operator, the ANPC ensures the publication of the
relevant information on the dedicated Section within the authority’s webpage. A list of the notifications
submitted by the economic operators with the ANPC during 2023 may be consulted here: [Hyperlink]

In terms of food products safety recalls, the economic operator shall notify ANSVSA, under the
applicable legal provisions of Regulation no. 178/2002 laying down the general principles and
requirements of food law, establishing the European Food Safety and laying down procedures in matters
of food safety. Relevant procedures and template forms to be considered by economic operators when
initiating a recall or withdrawal procedure for food products on the market may be found on the official
website of ANSVSA: [Hyperlink]

3.8 List at least two examples of public or private enforcement of these protections in the last five
years, including the breach/alleged breach, result and penalties imposed.

It is a usual practice of the national authorities to perform thematic supervision and control actions on
specific product sectors on the market, focus being made on compliance with safety and security
requirements. It is to be underlined, however, that especially within the food products sector, the
practice of the ANPC aims at placing the non-compliance findings identified within the control actions at
economic operators as falling under a safety and security related breach in relation to a specific product.

For example, in November 2022, the ANPC conducted a nationwide control on the safety of toys,
including also a review of websites for marketing and advertising purposes (relevant link: [Hyperlink] ).

Following such control, the ANPC imposed fines, ordered the definitive cessation of the sale and
withdrawal from the sale of non-compliant toys and the temporary cessation of the supply of services
until the identified non-compliances were remedied.

Among others, on the occasion of such control, the ANPC identified the following alleged breaches: lack
of CE marking; lack of specific warnings and instructions regarding precautionary measures for the use of
certain types of toys, depending on the user’s age; lack of mentions regarding the chemical substances
that the toy may be made of/contain; as well as chemical substances or attachments such as “artificial
hair”, fur or easily detachable items that could be easily swallowed or inhaled.

In March 2023, another control was conducted by the ANPC within shopping malls and other cosmetics
retailers with respect to perfumes that allegedly contained the prohibited substance, Butylphenyl
Methylpropional (BMHCA).
The outcome of the control was the ANPC imposing fines, temporary interdiction to sell products due to
non-compliance with the information requirements, and final interdiction to sell hundreds of products
which contain substances interdicted under the law (relevant link: [Hyperlink] ).

4. Prohibitions Relating to “Conduct” Against Consumers

4.1 Please describe any protections/prohibitions relating to the conduct of persons or businesses
(e.g., manufacturers/retailers) which sell or supply goods and services to consumers (“Conduct”). For
example, misleading and deceptive Conduct, unconscionable Conduct, etc.

As a general rule, Government Ordinance no. 21/1992 on consumer protection established that
economic operators are bound to be fair toward the consumer. The same general rule is reiterated by
Law no. 296/2004 on Consumption Code.

B2C practices benefit, however, from a detailed legal framework through Law no. 363/2007 on
prevention of unfair business-to-consumer commercial practices and on the harmonisation of current
enactments with the European legislation in the field of consumer protection, implementing into the
national legislation Directive 2005/29/EC concerning unfair business-to-consumer commercial practices
in the internal market. Note that under Law no. 363/2007, products are defined as to include
both goods and services offered to consumers.

4.2 Please outline the substantive tests for the above-mentioned protections/prohibitions.

In establishing the legal regime of unfair commercial practices, with respect to both misleading and
aggressive practices of the economic operators, Law no. 363/2007 provides for the same definitions,
criteria and conditions regulated by the Directive 2005/29/EC.

Thus, under the national law, any practice that is contrary to professional diligence, materially distorts, or
is likely to materially distort, the economic behaviour with regard to the product of the average
consumer whom it reaches or to whom it is addressed, or of the average member of the group when a
commercial practice is directed to a particular group of consumers, is deemed as an unfair commercial
practice.

The competent authority to supervise and control the market under the provisions of Law no. 363/2007
is the ANPC. The authority may apply complementary measures through sanctioning acts subject to a
specific procedural legal regime, as opposed to sanctioning acts issued under most pieces of legislation
in the consumer protection field.

4.3 What types of goods and services are covered by these protections/prohibitions? Is the
payment of a price for these goods/services always required for their enforceability?

All types of goods and services are concerned, including real estate assets, digital services and digital
content, as well as rights and obligations. The payment of a price is not always required for
enforceability.

4.4 Are there any exceptions/exemptions to the protections/prohibitions relating to Conduct?

There are no legal exemptions. Nevertheless, when assessing misconduct, the authorities or the court of
law will take into consideration the particulars of the case.
4.5 Are there any specific rules which apply in relation to online marketplaces?

Aside from the general consumer-related rules, the ANPC issued Order no. 225, which entered into force
on January 25, 2024, requiring specific information to be provided to consumers by the economic
operators having an “online presence”. While the wording of the order is rather vague and the
clarifications received by relevant associations and confederations rather scarce, in essence, the legal
deed does impose the obligation for companies to display on their website: the legal entity’s name;
unique registration code; the registration number in the trade register as well as object/objects of
activity; the address of the headquarters and/or the workplace where they carry out their activity
effectively; and the series and number of all authorisations, approvals, certificates, or licences necessary
for their activity, as well as their issuer.

Moreover, on February 26, 2024, the Senate (final decision-making chamber of the Romanian
Parliament) passed Law no. 118/2024 approving measures for the implementation of the Regulation
(EU) 2022/2065 (Digital Services Act). Aside from the obligations imposed by the Digital Services Act,
such law also requires online platforms, among others, to notify ANCOM with respect to the online
platform supplier’s identification details, its single point of contact in the relationship with authorities,
public institutions and recipients within 45 days as of the date that such suppliers start offering services
or, if they already operated before the law came into force, within 45 days as of the date of the ANCOM’s
decision on the format rules for such notification requirements.

4.6 What remedies are available for a breach of the protections/prohibitions relating to Conduct?

In addition to fines and other sanctions that may be imposed by authorities to the economic operator in
relation to the Conduct, the consumer has the possibility to initiate legal action where a request for
immediate cessation of the Conduct, in case of continuous Conduct, could be made. Also, a legal action
of the consumer could pursue restoring into their condition before the Conduct takes place, where
possible, and even apply for damages.

Moreover, under Law no. 414/2023, qualified entities may file a representative action in order to
safeguard the collective interest of consumers, in order to request injunctive measures, redress
measures or both.

4.7 List at least two examples of public or private enforcement of the protections relating to
Conduct in the last five years, including the breach/alleged breach, result and penalties imposed.

In June 2022, in the context of multiple complaints lodged by consumers and due to the mediatisation of
such complaints, the ANPC decided to start an investigation with respect to Blue Air Aviation S, who had
cancelled thousands of flights within the span of one year, affecting hundreds of thousands of
reservations.

The sanctions were imposed, among other reasons, for addressing misleading flight offers to consumers
in the absence of the resources needed for actually conducting them. The sanctions regarding both a
fine and also complementary measures included: remedy actions; cessation of unfair practices; and a
proposal for the suspension of the activity until full implementation of the measures ordered and
cessation of the unfair practices (relevant link: [Hyperlink] ).
In November 2023, the ANPC investigated Orange Romania SA for misleading practices towards
consumers. Following such control, it sanctioned the mobile operator with a fine and imposed the
complementary measure consisting in the cessation of the misleading practice, for, among others, the
alleged promotion to consumers of prices which failed to include all taxes, as well as inconsistencies
between the price advertised and the price calculated as per the reimbursement plan provided to
consumers for the acquisition of devices in equal instalments (relevant link: [Hyperlink] ).

5. Other Protections/Prohibitions

5.1 Does consumer law in your jurisdiction have any other prohibitions/protections not covered by
the questions above? If so, please describe these prohibitions/protections.

In addition to aspects presented above, specific pieces of legislation are in place at the national level
(most of them transposing relevant European Union legislation) with the aim of ensuring a high level of
consumer protection in different areas/domains of industry or economic activity, as follows:

i. The domain of information society services, in particular, electronic commerce, is regulated by

the provisions of Law no. 365/2002 on electronic commerce, transposing into national legislation
Directive 2000/31/EC on certain legal aspects of information society services, in particular,
electronic commerce, in the Internal Market. In line with the European Union legislation, Law
no. 365/2002 regulates a set of mandatory information to be provided to the consumers when
concluding a contract through electronic means as well as the legal regime of commercial
communications and conditions to be observed by economic operators when transmitting said
communications to the consumers.

ii. The domain of off-premises and distance contracts is covered by Government Emergency
Ordinance no. 34/2014 on certain rights of consumers when entering into agreements with
professionals, transposing into the national legislation Directive 2011/83/EU on consumers
rights. In line with European legal-framework, Law no. 34/2014 clearly establishes specific
formal requirements in relation to the contract falling under the scope of the normative acts,
including mandatory information to be provided to consumers when concluding an off-premises
or distance agreement with a professional while also setting forth a set of imperative rights of
the consumers deriving from these contracts, out of which we mention hereby the right of
withdrawal from the contract.

iii. The domain of unfair terms in B2C contracts is regulated through Law no. 193/2000 on unfair
terms (abusive clauses) in contracts between professionals and consumers, transposing into the
national legislation Directive 93/13/EC on unfair terms in consumer contracts. As per the law,
any agreement concluded between a trader and a consumer is required to set out clear and
comprehensible clauses, which do not need any professional training in order to be understood
by the signatory parties. In the event of any doubt referring to any clause of the agreement, the
interpretation of such clause shall be made in favour of the consumer.

5.2 Please outline the substantive tests for the above-mentioned protections/prohibitions.

Concerning the consumer protection ensured within the field of informational society services, Law no.
365/2002 provides for a set of mandatory information to be provided to the consumers when entering
an agreement concluded through electronic means, including information regarding the identification
data of the economic operators and the price and any additional taxes to be paid for the services
offered. Under Law no. 365/2002, an agreement to be concluded through electronic means shall
produce legal effects only from the moment when the acceptance of the contracting offer has reached
the offeror.

In terms of off-premises and distance contracts, Government Emergency Ordinance no. 34/2014 provide
a set of formal requirements for the contracts concluded between professionals and consumers as well
as clear conditions under which the consumer may exercise their withdrawal right from B2C contracts
falling under the scope of law. Government Emergency Ordinance no. 34/2014 preclude its scope of
applicability the off-premises agreements providing for a payment to be made by the consumer lower
than the RON equivalent of 10 Euro.

Law no. 193/2000 provides a list of abusive clauses, among which we can find the following:

i. excluding or limiting the legal liability of a seller or supplier in the event of the death of a
consumer or personal injury to the latter resulting from an act or omission of that seller or
supplier;

ii. requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in
compensation;

iii. enabling the seller or supplier to alter the terms of the contract unilaterally without a valid
reason which is specified in the contract; and

iv. obliging the consumer to fulfil all his obligations where the seller or supplier does not perform
his.

5.3 Are there any exceptions/exemptions?

The protection regarding abusive clauses applies only to B2C transactions. There are no legal
exemptions from the protection provided to the consumer.

5.4 What remedies are available for a breach of these protections?

In addition to fines that can be applied by the competent authorities for breach of the legal provisions in
force, specific remedies are provided within specific domains presented above.

For example, the abusive clauses will be rendered null and void, and the contract will continue to run,
with the consumer’s agreement, only if it still can be executed after their removal.

To the extent the contract can no longer produce its effects after the considered clauses are removed,
the consumer is entitled to request the termination of the contract and to apply for damages.

5.5 List at least two examples of public or private enforcement of these protections in the last five
years, including the breach/alleged breach, result and penalties imposed.

By Decision no. 1826 of 3 October 2018, the Bucharest Court of Appeal declared null and void the effects
of the clauses concluded between Bancpost SA with consumers, which stipulated the bank’s right to
unilaterally amend the interest rates in its credit agreements, setting forth, in case of refusal, the
contract’s revocation and the consumers’ obligation to repay in advance the credit, commissions, fees
and the interest.
By Decision no. 2526 of 18 December, 2018, the Bucharest Court of Appeal confirmed the Bucharest
Tribunal’s solution no. 506 of 14 February, 2017 forcing Piraeus Bank Romania SA (current First Bank) to
amend a number of its pre-formulated standard contracts containing abusive clauses consisting in the
bank’s right to unilaterally modify the interest rate from the credit agreements concluded with
consumers, according to the evolution of the financial-banking market and/or the cost of financing and
managing the credit.

6. Investigation of Potential Breaches

6.1 What powers does/do the consumer authority/authorities in your jurisdiction have to
investigate potential breaches of consumer law? Describe the key steps in a typical investigation.

The ANPC determines offences and takes enforcement action against traders for breaches of consumer
law, through the application of administrative sanctions involving both fines and complementary
measures, as the case may be, and the notification of the criminal investigation authorities in case of
criminal law infringement.

Based on the information at its disposal, the authority analyses whether to plan an inspection and,
depending on the documents and evidence gathered, it will evaluate whether administrative measures
or enforcement actions are necessary.

6.2 How is an investigation triggered (e.g., ex officio, whistleblower or complaint)?

An investigation made by the ANPC can be triggered whether by complaint, by a whistle-blower or,
depending on the information at the authority’s disposal, ex officio. Supervisory and control actions may
be made based on a thematic established at national level.

6.3 Describe any complaints procedure for (i) consumers, and (ii) businesses.

Before lodging a formal complaint with the ANPC, the consumer is required to contact the economic
operator in writing. If a response is not received within a reasonable time, but not less than 30 days, or
the consumer believes that the operator’s answer violates the rights conferred by law, the consumer can
file a formal complaint with the economic operator’s answer attached and any other supporting
documents.

The complaints addressed to the ANPC can be filed by consumers only (natural persons). The
divergences between traders do not fall within the competence of the authority.

6.4 What is the timeline for a typical investigation?

A typical investigation starts with the authority receiving a complaint or ex officio, passing through an
initial enquiry phase where before a decision is taken to open a case, the authority may seek further
information from a complainant or from a third party and, in determining whether an enforcement case
is appropriate, the authority will consider how to meet the strategic objectives and vision for
enforcement action.

If the investigation started by way of a formal complaint, the petitioner is entitled to receive a response
with the results of the investigation within 30 days from its registration, whether the solution is
favourable or unfavourable.
6.5 Are there criminal penalties for non-compliance with a consumer law investigation? If so,
provide examples where such penalties have been imposed.

The consumer protection law does not stipulate criminal penalties for non-compliance with legal
requirements. Nevertheless, there may be situations where the prejudice(s) caused through a breach of
consumer protection requirements (e.g. personal injury) makes the economic operator subject to
criminal liability.

6.6 Can investigations be resolved by way of commitments or undertakings?

Depending on the investigation, the ANPC and the economic operators may discuss potential solutions to
be implemented as to ultimately ensure the consumer protection. In this vein, by way of example, the
economic operator can choose voluntary compliance to the authority’s request and present a solution
plan by way of an implementation calendar, immediately cease the Conduct, and provide compensation
to affected consumers.

7. Enforcement

7.1 How does/do the consumer authority/authorities seek to enforce consumer law (e.g., by
administrative decision or by commencing proceedings in court)?

Under the applicable legislation, in enforcing the consumer protection requirements, the ANPC may
issue:

i. unilateral administrative sanctioning acts, in applying fines and complementary measures under
the general procedural regime for minor offences (sanctioning minutes); when said
administrative acts are issued for breaches falling under the prevention scheme, the ANPC may
only apply a warning (no fines), and must provide the economic operator with a plan of remedial
measures; and/or

ii. unilateral administrative acts (orders or decisions) in applying measures relating to alleged B2C
unfair commercial practices or in relation to other breaches falling under special legal-framework
under the specific procedural regime for administrative acts, involving separate application to be
filed by the economic operator in suspending the effects of the administrative acts and
restrictive proof related requirements.

As a rule, the ANPC may initiate proceedings with the competent courts of law in order to ensure the
enforcement of consumer protection rules. In what concern the abusive clauses domain, the authority
can only bring the case in front of the competent court in order to assert their abusive character.

7.2 Is/are the consumer protection authority/authorities bound by a time limit to commence
proceedings on breaches?

Breaches of consumer law are qualified by the legal provisions as contraventions. As a result, the
authority is bound to commence proceedings against the trader within a time limit of six months from
the date of the breach and, in case of a continuous violation, from the cessation of the illicit action(s).

7.3 Describe the enforcement powers/tools available to these bodies (civil, administrative,
criminal).
Depending on the breach, the authority has different options for dealing with alleged contraventions.
The ANPC can apply pecuniary penalties and impose complementary measures by way of sanctioning
administrative acts, as presented above. The authority can also start legal proceedings where required.
The ANPC has no competence regarding criminal offences and if such would be the case it will notify the
competent authority.

7.4 Where regulators/enforcement bodies have a choice of enforcement tools/powers, what

considerations do they take into account in determining which tools/powers to use?

Given that the main task of the ANPC is to enforce consumer law in order to protect the rights and safety
of consumers, several considerations are relevant, including the seriousness of the offence, whether
there is significant damage and whether it is a second (or repeated) offence. Other important
considerations may include:

i. the number of consumers potentially affected;

ii. the amount of consumer loss; and

iii. the characteristics of the trader, for example, if the conduct involves a blatant disregard of legal
provisions.

7.5 Describe the relevant rules and procedures that must be followed by such bodies (e.g.,
administrative, judicial).

When drawing up the administrative sanctioning acts the agents must comply with the applicable
legislation in the field of administrative procedure in sanctioning minor offences.

For example, an administrative act issued under the general procedural regime for minor offences
(sanctioning minutes) must contain specific elements such as: the date and place where it was
concluded; the institution and the name of the agent; the name and personal details of the offender;
and a description of the violation, indicating the date, time and place where it was committed, as well as
showing the circumstances that can be used to assess its seriousness and to evaluate the possible
damages.

7.6 Is there a right to a stand-alone action and follow-on right of action within consumer law? Who
has standing to bring these actions?

The consumers and Consumers’ Protection Associations (“CPA”) can file a stand-alone court action
against a trader without being required to lodge a complaint before the ANPC.

In case enforcement measures were taken by the authority against a trader, the consumers and CPAs can
also redress through court proceedings for the damages caused by the violation of the consumer law.

Moreover, as detailed in the previous sections, under Law no. 414/2023, qualified entities may file a
representative action in order to safeguard the collective interest of consumers, in order to request
injunctive measures, redress measures or both.

7.7 Is there a statute of limitations for bringing stand-alone or follow-on actions?

According to article 2528 of the Civil Code, legal proceedings can be filed within a time limit of three
years from the moment the injured party/consumer knew or should have known both the damage and
the person responsible for it.

7.8 Describe any international or regional cooperative mechanisms (e.g., MOUs) in which your
jurisdiction is involved in the enforcement of consumer protection.

At the EU level, the Consumer Protection Cooperation Regulation (EU) 2017/2394 establishes a
framework for the national consumer authorities to cooperate in order to tackle consumer law violations
in a coordinated and efficient manner. The cooperation is applicable to consumer rules covering various
areas such as e-commerce, unfair commercial practices, package holidays, passenger rights and online
selling.

The national consumer protection authorities will be able to request information from internet service
providers, banks and domain registries in order to find the identity of those committing bad practices.
The authorities will also be able to order websites and social media accounts to conform with the
provisions of the consumer law.

8. Appeals

8.1 Describe any appeal processes.

The sanctioning minutes can be contested by way of a formal complaint submitted to the local court in
the constituency where the offence was committed. The judgment received in first instance can be
appealed within 30 days from its notification.

8.2 Can consumers or retailers/manufacturers appeal decisions made by the consumer

authority/authorities or by a court?

Retailers/manufacturers can appeal the sanctioning minutes or the authority’s decisions in court. With
regard to the minutes, the traders can appeal the judgments issued in the first instance. In what
concerns the judicial review of the administrative acts, as per the Law no. 554/2004, the only way to
challenge the first instance judgment is by way of a recourse.

8.3 Does an appeal suspend the effect of any penalty/the requirement to pay any fine (if
applicable)?

Yes, where minutes are contested in court by the sanctioned entity, the payment of fines is suspended,
by law, until the final settlement of the court action.

Regarding the complementary sanctions applied through administrative orders/decisions, the starting of
court proceedings does not suspend their execution. Still, as per the Law no. 554/2004, the measures
can be suspended with the fulfilment of two cumulative conditions:

i. the existence of a well-justified case; and

ii. the existence of imminent damage.

9. Current Trends and Anticipated Reforms

9.1 What are the recent enforcement trends in your jurisdiction?

The ANPC continues the trends set in the past couple of years with respect to enforcement. From banks
to airline companies, including retailers, producers, jewellery traders, online platforms or restaurants,
gyms, or transporters (to name just a few), the authority is covering all grounds.

With the declared consumers’ interest at heart, the authority is continuously checking and sanctioning
major, minor, and alleged breaches of the law. Also, the authority is continuing its “crusade” against
unsafe products and/or services, or products and/or services that are deemed to affect the economic
interests of consumers, even with the risk of interfering with the legal powers of other authorities
(Ministry of Health, Sanitary-Veterinary Authority or even the National Banck of Romania).

As a direct result, the number of challenges of such sanctions in court is on the rise, while other
authorities declare, in various voices or tones, their opposition to the approach adopted by the
consumer protection authority in areas that are traditionally scrutinised by other bodies.

9.2 Are there any proposed reforms to consumer law or policy within the next 12 months?

In addition to new proposed European legislation in the field of consumer protection (e.g. late payment
regulation proposal), a number of important national pieces of legislation are currently pending in
Parliament, while the ANPC continues to be highly active in the legislative area.

Thus, a draft law having as its object the protection of consumer’s rights is, at the time of writing this
chapter (March 2024), in the final stages pending approval from the Deputies Chamber ( [Hyperlink] ).
The law is intended as a general consumer protection legislative framework, replacing the currently in
force Government Ordinance no. 21/1992. If approved, it will mark the most relevant change in the
consumer protection legislation in the past 30 years.

Equally important is the draft Law amending GEO no. 49/2009 – service providers and call centres, also
pending approval by the Deputies Chamber ( [Hyperlink];idp=20921 ). Among others, the law intends to
limit the waiting time before being answered by a human operator to five minutes.

Also, at the time of writing of this chapter (March 2024), the ANPC published for public debate a draft
order regulating information on prepacked food and non-food products sold through online markets.
The order will most probably soon be notified to the Technical Regulation Information System (“TRIS”)
and is most likely just one of the many initiatives to be promoted by the authority in this electoral year.