REGARDING THE AMENDMENTS TO THE CONSUMER PROTECTION ACT

Bulgarian Industrial Association (BIA) supports the overall goal of aligning Bulgarian consumer protection law with EU Directive 2020/1828 on collective consumer actions but raises serious concerns about specific provisions. The draft introduces two conflicting definitions of “collective consumer interests” and a new procedure for compensation for abstract consumer harm, which could create confusion, duplicate public law enforcement, and open the door to abuse by organizations filing claims for minor violations. BIA emphasizes that these provisions are inconsistent with Bulgarian civil law and may lead to unpredictable legal outcomes.

BIA also objects to the proposed mandatory immediate enforcement of measures under Article 68l, §3, arguing that it removes the necessary administrative discretion currently allowed under law. This could result in disproportionate penalties for minor infractions, causing financial and reputational harm to businesses. The organization recommends preserving administrative discretion, ensuring proportionality, and consulting higher courts to address potential procedural and legal conflicts, while supporting the draft’s general objective of harmonizing national law with EU requirements.