REGARDING THE AMENDMENTS AND SUPPLEMENTS TO THE CONSUMER PROTECTION ACT

The Bulgarian Industrial Association closely monitors the transposition of EU Directive 2020/1828 on representative actions for the protection of collective consumer interests. We consider the proposed draft law balanced and in line with the spirit and objectives of the directive, and we positively acknowledge the inclusion of business proposals.

We support the introduction of a mechanism for preliminary consultations with traders, early dismissal of unfounded claims, and the opt-in mechanism for consumers to join representative actions.

At the same time, we express concerns regarding certain provisions, especially Article 186a, which introduces contradictory definitions and procedures incompatible with Bulgarian civil law and risks creating legal confusion and undermining trust in the system. We do not understand why this provision, previously removed following criticism, has now been reinstated without clear justification.

We also object to item 2 of Article 388n, paragraph 2 of the Code of Civil Procedure, as we believe legal remedies should not be executed in favor of qualified organizations or the Consumer Protection Commission as plaintiffs, but should reflect the interests of consumers. The proposed wording of paragraph 3 of the same provision is unclear and may complicate its application; therefore, we propose its removal as well.