EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
Support to Civil Code and Property Rights (CCPR)
Contract Number: 2014/344-574
“Legal Assessment of Existing Legislation on Civil Code
Related Areas in the Light of European Legal Standards and
Best Practice: The Law of Obligations”
___________________________________________________________________________
Component B, Activity B.3: “Undertake a legal assessment in the light of
European legal standards and best practice to identify
inconsistencies and gaps” (ToR, Activity 2.3)
Sub-component: “Law of Obligations”
Pristina, 31 July 2015
Implemented by:
Page 1 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
DISCLAIMER
This Report has been prepared by the Law of Obligations Team. The findings, conclusions and
interpretations expressed in this document are those of the authors alone and should in no
way be taken to reflect the policies or opinions of the European Union Office in Kosovo.
Page 2 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
Table of Contents
1. Introduction .................................................................................................................... 5
2. Methodology................................................................................................................... 5
3
Background ..................................................................................................................... 6
4
EU consumer contract law ............................................................................................. 7
5
Approaches to transposition .......................................................................................... 7
6
The current situation in Kosovo ..................................................................................... 8
7
Possible options for incorporation of the EU acquis ..................................................... 8
8
Legal assessment in light of European standards and best practices ........................ 11
9
Table .............................................................................................................................. 12
Page 3 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
DISCLAIMER
This Report has been prepared by the Law of Obligations Team. The findings, conclusions and
interpretations expressed in this document are those of the authors alone and should in no
way be taken to reflect the policies or opinions of the European Union Office in Kosovo.
Page 4 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
1. Introduction
The present report has been drawn up in the framework of Activity B.3: “Undertake a
legal assessment in the light of European legal standards and best practice to identify
inconsistencies and gaps” (ToR, Activity 2.3), with specific regard to the sub-component
of the law of obligations. Activity B.3 aims to provide advice to the Ministry of Justice
(MoJ) on the harmonisation of the law of obligations to EU legal standards and
European best practices.
The overall objective of the Project is to strengthen the rule of law and “approximate
domestic legislation of Kosovo with the European standards in the area of justice and
property rights” (see ToR, section 3.1, p. 14.). More specifically, among the purposes of
this contract is to draft a comprehensive Civil Code “in compliance with EU acquis” (see
ToR, section 3.2, p. 14). Section 5.3 of the ToR, reiterates at p. 20 that the aim of Civil
Code component is to assist the MoJ in drafting a comprehensive Civil Code “in line
with the EU acquis” and best European practices.
Based on the findings of this report and the previous report from Activity B.2, the
Project will implement the logically and temporally consecutive Activity B.4: “Provide
advice to the Ministry of Justice on the simplification and harmonisation of existing civil
code related legislation” (ToR, Activity 2.4). The ultimate goal of Activity B.4 is to
provide advice to the MoJ on the technical improvement, modernisation and
harmonisation of existing legislation in the area of the law of obligations.
2. Methodology
This report has been drafted by the Law of Obligations Team (hereafter, the “Team”),
composed of two (2) Senior Law of Obligations Experts, namely Prof. Helmut
Ruessmann and Prof. Marko Brus, and two (2) Local Law of Obligations Experts, namely
Prof. Nerxhivane Dauti and Mr. Sefadin Blakaj, under the supervision of Key Expert 1
(Team Leader / Law of Obligations Expert), Dr. Victor Chimienti. This report was further
reviewed and revised by the Team Leader in his capacity as Law of Obligations Expert
and component leader to ensure that the report was fully in line with the Project ’s ToR
and the Beneficiary’s needs.
As a first step, the Team gathered and discussed the EU legal acts relating to the law on
obligations. The Team has subsequently gathered and discussed relevant legal acts of
Kosovo (possibly) implementing the acquis communautaire. The gathering processes
proved to be rather difficult because there is no comprehensive collection or database
of European law related to the law of obligations. The Team used different collections
of (especially German) law professors in the Internet and the official directory of EU
legislation to identify obligations law related legal acts of the EU. With respect to the
relevant legal acts in Kosovo, the Team searched the websites of various local
organisations (especially the Central Bank of Kosovo). There exists a list of the legal acts
Page 5 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
passed by the Assembly. This list, however, does not contain links or references to sublegal acts.
This report is the result of a combination of ‘field work’, such as meetings/interviews
with relevant counterparts, and ‘desk work’, such as the review and analysis of
applicable legislation. It is built on:

an exhaustive compilation of all EU Directives and Regulations relating to the
law of obligations in effect at the time of writing the report.

an exhaustive compilation of all existing primary and secondary legislation in the
relevant area, which is applicable in Kosovo at the time of writing the report.
While preparing this report, the Team used a number of additional means to obtain
data and information concerning the main issues affecting the law of obligations in
Kosovo, such as scholarly writings, ministerial legislative and policy working papers, as
well as reports produced by other projects and NGOs. For the purposes of assessing the
compatibility of the law of obligations in Kosovo with the EU acquis particularly important
are the MoJ’s Explanatory Memorandum of the Draft Law on Obligational Relationships;
the Explanatory Memorandum of the Draft Law on Obligational Relationships prepared
by USAID SEAD Program; the Statement of Compliance and Legal Opinion to the Draft
Law on Consumer Protection drawn by the Ministry of European Integration; the
Declaration of Compliance with the EU Legislation Procedure of the Law on Consumer
Protection issued by the Ministry of European Integration; and the Explanatory
Memorandum of the Draft Law on Consumer Protection prepared by the Ministry of
Trade and Industry.
During the assignment, the Team continued to have close contact and interaction with
the main stakeholders operating or having an interest in the area of the law on
obligations.
3 Background
The Law on Obligational Relationships (hereafter, the “LOR”) is a crucial instrument for
the effective functioning of a free market economy in Kosovo and should not remain
outside the sphere of influence of the EU acquis in the area of private law, especially
considering that legislative drafting and policy making in Kosovo is and should be
directed towards the European integration process.
The Charter of Fundamental Rights and the European treaties since the Single
European Act guarantee a high level of consumer protection in the EU. It is also a
general objective defined in Article 12 of the Treaty on the Functioning of the EU.
European consumer legislation is crucial in order to overcome obstacles to the
development of the internal market. After more than 25 years of legislative activity in
Page 6 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
the field of consumer protection, consumer law represents the vast majority of EU
private law, and the law on obligations in particular.
EU consumer law can be categorised into three main groups of rules: (1) the first group
regulates the control over the quality of products sold and services provided to
consumers; (2) the second group regulates the information provided to consumers
(‘marketing law’); (3) the third group deals with legal rules that regulate contracts
between sellers (or suppliers) and consumers (‘consumer contracts’).
Apart from consumer law, other EU legal instruments relating to the law on obligations
including some other Directives (e.g. anti-discrimination), regulations, and ‘soft law’
such as the Principles of European Contract Law (PECL) and the Draft Common Frame of
Reference (DCFR). The DCFR (in its second and third Books) incorporates in a partly
revised form the PECL (see paragraphs 49-53)1.
4 EU consumer contract law
The intervention of the EU legislator in the area of consumer contracts can be vertical
or horizontal. It is ‘vertical’ (or sectoral) when the Directive concerns a specific contract
or economic transaction. This is the case, for instance, of the Directive on Consumer
Rights (dealing with both distance contracts and contracts negotiated away from
business premises); the Directive on Package Travel; the Timeshare Directive; the
Consumer Credit Directive; etc.
The intervention is ‘horizontal’ if the Directive regulates certain general aspects of
negotiation, regardless of the type of contract or economic transaction being
concluded. Examples include the Directive on Unfair Contract Terms as well as the
Directive on injunctions for the protection of consumer interests.
5 Approaches to transposition
Consumer Directives have the potential of impacting upon national contract laws
through their transposition into domestic law. There are mainly two different patt erns
of transposition: (a) the ‘separation’ of consumer law from the law on obligations
through the adoption of a comprehensive consumer protection law (or other special
laws), and (b) the ‘integration’ of consumer law into the existing legal framework,
either the law of obligations or, where existent, the Civil Code.
1
The DCFR contains many rules derived from the PECL. These rules have been adopted with the express
agreement of the Commission on European Contract Law, whose successor group is the Study Group. However,
the PECL could not simply be incorporated as they stood. Deviations were unavoidable in part due to the
different purpose, structure and coverage of the DCFR and in part because the scope of the PECL needed to be
broadened so as to embrace matters of consumer protection.
Page 7 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
There is no European standard to be followed in this respect as the Member States of
the EU follow both approaches: France, for instance, standing for separation and
Germany, for instance, standing for integration. Other countries such as Italy initially
followed the German approach but gradually shifted towards the French model by
adopting separate legal acts such as Legislative Decrees and Decree-Laws until it finally
abandoned such approach with the adoption of a comprehensive Consumers Code in
2005, due to the increasing technical difficulty involved in amending frequently the
Civil Code and the need to unify and streamline the existing legal framework.
6 The current situation in Kosovo
Although the Ministerial Working Group in charge of drafting the LOR has concluded
that the draft law did not infringe fundamental principles of EU legislation 2, the LOR
does not incorporate any EU standards related to consumer contracts, or the law of
obligations in general.
An explanation is that the Slovenian Code on Obligations, which the LOR is slavishly
based upon, has been ‘imported’ into the Kosovo legal system without any of the
supplementary legal infrastructure ensuring its compatibility with the EU acquis.
Actually, the law of obligations has been complemented and/or superseded in Slovenia
by a number of specific laws, all of them being aligned with the EU law.
In addition, Kosovo has followed the Slovenian pattern of transposing the Directives on
consumer contracts through the enactment of special legislation passed nearly at the
same time as the LOR, notably the new Law on Consumer Protection (hereafter, the
“LCP”), which came into force on 06.12.2012, and the Law on the Information Society
Services (hereafter, the “LISS”), which became effective on 26.04.2012. Both laws have
incorporated a large part of the EU acquis existing at the time in the field of consumer
protection.
7 Possible options for incorporation of the EU acquis
On the level of primary law there are several possible sources of accommodation to EU
legal standards, all passed by the Assembly of Kosovo in 2012 or thereafter, namely the
LOR, the LISS, the Law on Payment System (hereafter, the “LPS”), the Law No. 04/L176
on Tourism (hereafter, the “LT”) and the LCP. Furthermore, Kosovo adopted in 2004
the Anti-Discrimination Law (hereafter, the “A-DL”).
2
Source: Explanatory Memorandum, Ministry of Justice of Kosovo.
Page 8 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
Kosovo may continue transposing the Directives related to consumer contracts through
the amendment or replacement of the existing LCP and LISS. Such transposition model
has been often used in Kosovo and elsewhere in the region and may be justified by the
‘fragmentary’ approach of the EU legislator towards the adoption of consumer
Directives, which has made it almost impossible for the national legislators to
‘systemise’ their national provisions implementing the Directives.
The Slovenian Code on Obligations is one clear example in the Balkans: such code is not
in accordance with the EU acquis, simply because whenever the Slovenian legislator
wanted to approximate the Slovenian law to the EU acquis they enacted a new special
law. For example: the provision on the default interest rate (now Art. 382 LOR), which
is not in conformity with European standards, has been complemented and/or
superseded in Slovenia by a special statute, i.e. Law on the Default Interest Rate, which
provides a flexible interest rate in line with EU standards.
However, in terms of coherence, consistency and completeness of the legal framework
regarding the regulation of contracts, it would be advisable to have all contract law,
including the regulation of consumer contracts, codified within the specialised body of
the law of obligations, which is to be part of the future Civil Code. The best argument in
favour of integration is that having all (or most) relevant provisions in one single
instrument (the Civil Code) allows consumer law to be taught to university students as
part of their civil law curricula and civil law to be implemented by the civil judges in full
awareness of relevant European standards existing in the area of consumer contracts.
In addition, relevant rules of the EU acquis would be fully and coherently integrated
into the overall regulatory framework of contract law, which in turn would make it
easier for legal practitioners to know such rules and apply them in practice.
Besides, there are specific reasons advising not to follow the Slovenian model, which is
based on the separation rather than the integration model. These include the problems
faced by legal practitioners in the implementation of the Code on Obligations and
resulting from the complexity of the overall regulatory framework on the law of
obligations. As noted, several special laws have been issued in Slovenia cover ing
specific matters 3. Such laws cannot exist autonomously and independently from the
Code on Obligations because they do not provide a comprehensive set of norms
governing all possible aspects of obligational relationships arising from the relevant
contract. Many of these laws have been enacted with the intention to approximate the
Slovenian legal system to the EU acquis. This is the case, for instance, of the Consumer
Protection Law, the Law on Consumer Credit Contracts and the Law on the Default
Interest Rate. Apart from such laws there are also other laws which have no connection
at all with the EU law (e.g. Law on Lease of Business Premises, Law on Agriculture,
3
The Slovenian Code on Obligations is the most general framework on the law on obligations. Its provisions
“shall apply to obligational relationships regulated by other acts of law regarding matters not regulated in such
acts” (Art. 1 par. 2; similarly, Article 1 par. 2 LOR).
Page 9 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
etc.). Both types of special laws increment, amend or replace some of the rules
contained in the Slovenian Code on Obligations, either expressis verbis or, more
frequently, implicitly.
Consequently, the proper application of the provisions of the Slovenian Code on
Obligations is quite problematic. After such a considerable amount of amendments,
this law is an organisational, linguistic and systematic puzzle which only complete
revision could repair. Legal operators have to know if the contract or any other
obligational relationship is covered by any special law. Afterwards they have to apply
the specific provisions of this law in coordination with the more general provisions of
the Code on Obligations. This is difficult even for the legal practitioner, let alone a layman. The Slovenian situation is further complicated by the fact that there are two
different laws on consumer protection (i.e. Consumer Protection Law and Law on
Consumer Credit Contracts). To date, no efforts have been made to merge these two
laws into one single piece of legislation dealing comprehensively with consumer
protection.
The systematics of the LOR in Kosovo is very similar to those which characterise the
Slovenian Code on Obligations. Apart from the LOR, which is the general law, there are
special laws as well. One of these laws is the LCP but (like in Slovenia) it is not the only
law which deals with consumer protection. There are some other special laws as well
which may have been influenced by the EU law on consumer protection (the LISS and
LT, for example). Some material provisions can be also found in regulations issued by
different agencies such as the Central Bank of Kosovo. This means that the
implementation problems encountered in Kosovo must be quite the same as in
Slovenia. In Kosovo, however, they are even aggravated by the lack of legal certainty,
e.g. no reliable and comprehensive database of laws, regulations and case law, so that
it is challenging for the end-user of the law to find out what is the exact state of affairs
with respect to a certain matter of law.
The LOR’s systematics can be improved by integrating into the Civil Code the EU
legislation related to consumer contracts and other general issues related to the law on
obligations. The latest developments in the area of EU consumer law would appear to
be in favour of such a change of approach. Although the scope of application as well as
the content of the newly adopted Directive on Consumer Rights – which entered into
force in June 2014 – are more modest than originally announced, and the development
of the general part containing provisions on all types of contracts (commonly known as
‘horizontal provisions’) is still at an early stage, the new Directive provides a good basis
for further development of a general part of consumer contract law, and as such it
should make it easier to systemise the EU acquis in the field of consumer contracts
within the Civil Code of Kosovo.
Whether this is the best approach to follow is a question that requires an in -depth
debate within the governmental Commission for the drafting of the Civil Code of
Page 10 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
Kosovo. The vis attractiva of specific areas of law (e.g. financial law, transport law, or
tourism law), where separate special legislation exists, may ‘counterweight’ the need to
incorporate in the Civil Code all relevant rules, thus advising on entrenching the
relevant EU consumer law into the applicable special laws of Kosovo. However, it should
be stressed that the codification ex novo of a comprehensive Civil Code offers a great
window of opportunity to systemise as much EU consumer contract law as possible
within the wider field of the law of obligations. The Civil Code Commission should
decide on this matter at the earliest convenience and such decision should be taken
before the drafting of the Civil Code starts.
Interestingly, the first initiative aiming to draft a Civil Code for Kosovo was undertaken
in 2003-2004 in the context of the EU funded project “Support to the Prime Minister’s
Office” managed by the European Agency for Reconstruction and implemented by GTZ.
Back then, it was already proposed that the provisions concerning consumer contracts
(as well as other provisions related to the EU acquis in civil law matters) should not be
regulated separately but integrated into the corpus of the draft Civil Code (which was
never adopted).
8 Legal assessment in light of European standards and best practices
The Team has assessed the compatibility of the LOR and other related legislation with
the European legal standards. The assessment was specifically carried out against the
relevant standards set forth in the consumer Directives, as well as other Directives and
Regulations generally relating to the law on obligations.
This assessment does not provide any assessment against European soft law – e.g. PECL
and DCFR – because such law, whenever appropriate, was used already as a
‘benchmark’ in the context of the previous Report on impact assessment of existing
legislation on civil code related areas (ToR, Activity 2.2).
The attached Table presents the results of the Team’s assessment and serves the needs
of the Beneficiary to identify the relevant acquis communautaire, as well as the
inconsistencies and gaps of the LOR and other legislation related to the law of
obligations in light of such acquis, as foreseen by Activity 2.3 of the Project’s ToR. The
table lists the EU legal instruments in the left column and the Kosovo legislation related
to the respective legal instruments of the EU in the right column. In some instances
recommendations are drawn bearing in mind that detailed recommendations will be
given in a later stage of the project (that is, in the context of implementing subsequent
Activity 2.4 ToR).
Page 11 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
9 Table
EU legal instruments relating to the Law of
Obligations
Corresponding Legal Acts in Kosovo (if any)
Anti-Discrimination and Equal Treatment
The Anti-Discrimination Law (“A-DL”)
 Directive 2006/54/EC of the European
Parliament and of the Council of 5 July
2006 on the implementation of the
principle of equal opportunities and
equal treatment of men and women in
matters of employment and occupation
(recast)
(OJ L 204, 26.7.2006, p. 23–36)
“The Anti-Discrimination Law” of Kosovo (Law
No. 2004/3) addresses all questions of the
Directives, including consequences in civil law
such as reimbursement of costs and damages.
 Council Directive 2004/113/EC of 13
December 2004 implementing the
principle of equal treatment between
men and women in the access to and
supply of goods and services (the
“Gender Directive”) (OJ L 373,
21.12.2004, p. 37–43) (OJ L 153M,
7.6.2006, p. 294–300)
 Council Directive 2000/43/EC of 29
June 2000 implementing the principle of
equal treatment between persons
irrespective of racial or ethnic origin
(OJ L 180, 19.7.2000, p. 22–26)
OVERALL COMMENT:
Integration into the law of obligations (Civil Code) of the A-DL is not really an option,
because the consequences for civil law obligations (reimbursement, damages) form only a
minor part of the law.
Consumer Protection
Law on Consumer Protection (“LCP”)
 Directive 2011/83/EU of the European
Parliament and of the Council of 25
October 2011 on consumer rights,
amending Council Directive 93/13/EEC4
Kosovo law does not transpose Directive
2011/83/EU (the “Consumer Rights Directive”)
but its predecessors, that is, Directives
85/577/EEC and 97/7/EC. The matters
4
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Page 12 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
and Directive 1999/44/EC5 of the
European Parliament and of the Council
and repealing Council Directive
85/577/EEC6 and Directive 97/7/EC7 of
the European Parliament and of the
Council
(OJ L 304, 22.11.2011, p. 64–88)
covered by such Directives have been
addressed in part in the LCP and in part in the
LISS.
The LCP is not a comprehensive law on
consumer protection. It addresses issues such
as consumer credit contracts; unfair consumer
contract conditions; unfair, misleading, and
aggressive commercial practices; comparative
and misleading advertising; purchase and sale
through the Internet. However, some
consumer contracts have been regulated in
other laws: for instance, distance contracts
are regulated both in the LCP (just defined in
Articles 36 and 37) and the LISS (substantive
rules foreseen under Articles 29 ff.). Another
example is travel packages contracts which
are regulated in the LT.
Further shortcomings of the LCP include the
following:
a) it addresses the obligations of the
seller towards the consumer without
any coordination with the LOR;
b) no interest rate on advanced
payments is mentioned.
OVERALL COMMENT:
The Consumer Rights Directive has repealed and changed the Directives transposed by
Kosovo lawmakers at the time of drafting the LCP and LISS. Therefore, Kosovo law must be
changed with respect to distance contracts and out-of-business premises contracts.8 Given
the ‘horizontal’ nature of this Directive, this may be easily transposed in the law of
obligations of the Civil Code.
 Directive 2008/122/EC of the European
Parliament and of the Council of 14
There is no law in Kosovo addressing and
regulating timeshare contracts and other
5
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 L 171, 7.7.1999, p. 12).
6
Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts
negotiated away from business premises (OJ L 372, 31.12.1985, p. 31).
7
Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of
consumers in respect of distance contracts (OJ L 144, 4.6.1997, p. 19).
8
The Consumer Rights Directive requires full harmonisation and leaves no room for deviations by the Member
States.
Page 13 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
January 2009 on the protection of
consumers in respect of certain aspects
of timeshare, long-term holiday
product, resale and exchange contracts
(Text with EEA relevance)
(OJ L 33, 3.2.2009, p. 10–30)
contracts alike.
OVERALL COMMENT:
Timeshare contracts and other contracts alike may be regulated in the Civil Code under the
law of obligations.
 Directive 2008/48/EC of the European
Parliament and of the Council of 23
April 2008 on credit agreements for
consumers and repealing Council
Directive 87/102/EEC
(OJ L 133, 22.5.2008, p. 66–92)
Directive 2008/48/EC (the “Consumer Credit
Directive”) has been transposed in the LCP.
Consumer credit contracts are specifically
regulated in Chapter IX, Articles 38-49 LCP.
There are, however, some shortcomings.
The LCP does not mention information to be
given in advertising (see Art. 4 of the
Directive). It does not mention either the
Standard European Consumer Credit
Information form set out in Annex II of the
Directive and referred to in Art. 5 of the
Directive.
It seems that Kosovo has developed its rules
on consumer credit contracts on the basis of a
former Directive, and most likely Council
Directive 87/102/EEC of 22 December 1986
for the approximation of the laws, regulations
and administrative provisions of the Member
States concerning consumer credit (OJ L 042 ,
12/02/1987, p. 48–53.
The LCP requires certain information to be
given in writing, whereas the Directive,
requiring full harmonisation in Art. 22, reads
as follows: “Such information, on paper or on
another durable medium, shall be provided by
means of the Standard European Consumer
Credit Information form set out in Annex II.”
As regards pre-contractual information, the
Page 14 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
LCP does not require “the identity and the
geographical address of the creditor as well
as, if applicable, the identity and geographical
address of the credit intermediary involved”,
as required by Art. 5(1)(b) of the Directive.
Art. 45 par. 2 LCP leaves an important
regulation to the Central Bank of Kosovo:
“Method of calculating the effective interest
rate and definition of elements used for its
calculation are determined by sub-legal acts
issued by the Central Bank of the Republic of
Kosovo.” The EU law does not forbid this.
However, the sub-legal act of the Central Bank
needs to comply with Art. 19 of the Directive.
The Central Bank of Kosovo has approved a
Regulation on Effective Interest Rate and
Disclosure Requirements of November 29,
2012, which is in accordance with EU
standards.
Furthermore, there is a Regulation on
Effective Interest Rate and Disclosure
Requirements of August 29, 2013 relating to
micro-finance institutions, also in accordance
with EU standards.
 Directive 2014/17/EU of the European
Parliament and of the Council of 4
February 2014 on credit agreements for
consumers relating to residential
immovable property and amending
Directives 2008/48/EC and 2013/36/EU
and Regulation (EU) No 1093/2010
Text with EEA relevance
(OJ L 60, 28.2.2014, p. 34–85)
Directive 2014/17/EU (the “Mortgage Credit
Directive”) is fully transformed into Kosovo
law by a regulation of the Central Bank of
Kosovo, i.e. Regulation on Mortgage Lending
of 26 February 2015, entering in force on 1
October 2015.
OVERALL COMMENT:
The Consumer Credit Directive and the Mortgage Credit Directive can be considered part of
the acquis communautaire in the area of banking, and financial services more generally. We
therefore refer the reader to our general comment under the banking matters section
below.
Page 15 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
 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 L 171, 7.7.1999, p. 12–16)
Directive 1999/44/EC specifies remedies of
buyers in consumer contracts and gives
detailed provisions of how and within which
time limits these remedies can be used. This is
not reflected in the LOR. The LCP contains just
one provision (possibly) relating to this
Directive, namely Art. 5 (Obligations of the
Seller)9.
This article, however, falls short of what a
consumer may expect under the Directive.
The remedies are not regulated in a clear and
understandable way. The central notions of
conformity and non-conformity are not
defined10.
In addition, time limits for the enforcement of
rights and remedies (2 years) and the
notification of defects (2 months) are not
regulated. As a result, the time limits of the
LOR apply: 1 year from notification for the
exercise of buyer’s rights and remedies (Art.
483 LOR) and 8 days for the notification
(Articles 464 and 465 LOR). This clearly
violates EU consumer standards.
A presumption of non-conformity at the time
9
“1. The seller shall fulfil obligations toward the consumer in accordance with the provisions of this Law, other
laws and bylaws.
2. The seller, at the request of the consumer after the conclusion for the shortcomings of the commodity is
obliged to replace the commodity or refund the money paid for the commodity or with the consent of the
consumer, to reduce the price to compensate the shortcoming and defectiveness of the commodity.
3. The seller due to shortcomings in services provided, at the request of the consumer, is obligated to return the
amount paid for the service, to eliminate the shortcomings in services provided, or reduce the price as agreed
with the consumer.
4. Consumer pursuant to paragraph 2 and 3 of this Article may require the repayment of the amount paid only if
the seller had been given a reasonable deadline for eliminating the defects of the commodity or service to fulfill
the contract.
5. In case of legal and non-legal dispute, the defects of the commodity or service provided are certified through
the evidence of court expert or through the assistance of another certified appraiser. The costs of expertise will
be covered by the consumer or trader, depending on the result of expertise.
6. If during the warranty period the seller cannot repair the defective commodity for which he has given a
guarantee, then he is obliged to give the consumer a similar commodity or to return the money back with the
compensation.”
10
Definitions may be found in the Directive.
Page 16 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
of delivery of the goods if the defect is
detected within 6 months of delivery is also
lacking (see Article 5(3) of the Directive).
OVERALL COMMENT:
It would be advisable to transpose Directive 1999/44/EC in the law of obligations of the Civil
Code and remove any provisions partially implementing it from the LCP.
 Directive 98/6/EC of the European
Parliament and of the Council of 16
February 1998 on consumer protection
in the indication of the prices of
products offered to consumers
(OJ L 80, 18.3.1998, p. 27–31)
This Directive (the “Price Indication Directive”)
does not really relate to the law of
obligations. It is rather part of public law
regulating traders’ businesses. It seems to
have been implemented by the LCP in
Articles 9 and 10.
OVERALL COMMENT:
There is no need to incorporate the Price Indication Directive into the Civil Code (law of
obligations).
 Council Directive 93/13/EEC of 5 April
1993 on unfair terms in consumer
contracts
(OJ L 95, 21.4.1993, p. 29–34)
Directive 93/13/EEC (the “Unfair Contract
Terms Directive”) addresses questions and
issues belonging to the law of obligations. It
has been implemented in Chapter X of the LCP
(Articles 50 and 51).
However, Art. 50 par. 6 and Art. 51
incorporate almost identical provisions,
perhaps with different legal consequences.
The indicative and non-exhaustive list of
terms which may be regarded as unfair (see
the Annex to the Directive) is reproduced with
a slightly different wording under both
articles.
In particular, Art. 50 par 6 defines such terms
as “unfair conditions in the contracts” (if
related to the rights of the trader), whereas
Art. 51 refers in its heading to the same terms
by stating that they “may be considered
unfair”. This duplication is unnecessary and
must be removed.
Page 17 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
OVERALL COMMENT:
We would advise transposing the Unfair Contract Terms Directive in the law of obligations of
the Civil Code and removing any provisions implementing it from the LCP.
 Council Directive 90/314/EEC of 13 June
1990 on package travel, package
holidays and package tours
(OJ L 158, 23.6.1990, p. 59–64)
The LOR contains provisions on travel
packages (i.e. Articles 880-905 LOR regarding
the contract on organised travel). Travel
package provisions in the LOR, however, do
not provide for the security against the
insolvency of the travel organiser required by
Art. 7 of Directive 90/314/EEC (the “Package
Travel Directive”).
Besides, the LT regulates the travel package
contract regardless of almost identical
provisions in the LOR. This law is apparently
influenced by the Package Travel Directive.
However, there is nothing again in this law
reflecting Art. 7 of the Directive: “The
organizer and/or retailer party to the contract
shall provide sufficient evidence of security for
the refund of money paid over and for the
repatriation of the consumer in the event of
insolvency.” The EU law requires an effective
security, be it by insurance or a bank
guaranty11.
On 28 May 2015, the EU Council backed the
new Package Travel Directive to bring it up to
date with the developments in the travel
market in order to meet the needs of
consumers and businesses in the digital era.
The rules will extend protection of the 25year-old Package Travel Directive to cover not
only traditional package holidays, but also
other forms of combined travel such as online
sales of holidays, e.g. a self-chosen
combination on a website of a flight plus hotel
11
Art. 20 par. 1 of the Law on Tourist Services provided that the tourist agency, for each package arrangement,
“is required to ensure a bank guarantee to reimburse the passengers for: 1.1. expenses incurred, in case the
touristic agency fails to offer contracted services; 1.2. damages resulting from the non-fulfilment of the
programme in its entirety, in accordance to the type, quantity, quality and the methods provided for in the
programme; …”. However, this law was repealed by the LT in 2013.
Page 18 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
or car rental (known as online ‘click-through’
sales, ‘linked travel arrangements’, etc.)12. The
text will undergo a legal-linguist revision
before the Council can formally approve it. It
should be published in the Official Journal of
the EU before end of 2015.
OVERALL COMMENT:
It is debatable whether the relevant provisions of the LOR, if and when codified within the
Civil Code, should be brought in line with the old Package Travel Directive or with the new
Package Travel Directive (once it enters into force).
The whole set of provisions in the LOR on travel contracts (= organised travel contracts,
travel agency contract and hotel accommodation contracts) (Articles 880-917) may however
be deleted to streamline the LOR and avoid duplication with the LT. In this scenario, EU
standards applicable to such types of contracts would have to be incorporated in the LT
rather than in the Civil Code (law of obligations).
Information Society (e-Commerce and
Digital Signatures)
Law on the Information Society Services
(“LISS”)
 Directive 2000/31/EC of the European
Parliament and of the Council of 8 June
2000 on certain legal aspects of
information society services, in
particular electronic commerce, in the
Internal Market ('Directive on electronic
commerce')
(OJ L 178, 17.7.2000, p. 1–16)
The LISS and LCP seem to have been
developed by different groups without
communicating with each other. One finds
overlapping provisions (both address distance
and Internet contracts), lacking provisions (for
instance, on pre-contractual information
duties with respect to specific contracts), and
a mixture of public law provisions with private
law provisions which for the sake of clarity
should have been regulated in separate laws
(infrastructure for electronic signatures,
establishment and powers of supervising
organisations, on the one hand, and legal
consequences for contracting parties and
documentation duties, on the other hand).
 Directive 1999/93/EC of the European
Parliament and of the Council of 13
December 1999 on a Community
framework for electronic signatures
(OJ L 13, 19.1.2000, p. 12–20)
12
Existing rules cover consumers who have booked a ‘package’ trip (that is, an all-inclusive offer combining at
least two of the following elements – transport, accommodation, and additional services such as sightseeing
tours). However, with the advent of the internet, more and more consumers are using commercially linked
online traders to book holidays and many such bookings do not fall within the definition of package as set out
in the Directive. As these bookings are now estimated to account for 118 million trips a year, the EU has moved
to ensure that consumers have additional protections, similar to those afforded travellers on a package trip.
Page 19 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
As far as the law of obligations is concerned,
the LISS addresses the following issues:
 Form requirements and the substitution of
writing and signing by electronic forms;
 Time and place of dispatch and receipt of
data messages;
 Contracts concluded by electronic means;
 Carriage of goods (relationship to LOR
unclear);
 Liability of intermediary service providers;
 Distance contracts (in line with a repealed
Directive, but not with the repealing
Directive);
 Electronic invoicing;
 Electronic payments (especially credit
cards);
 Electronic signatures and writing
requirements.
The guiding idea seems to have been to
address all questions relating to modern
techniques of communication and
documentation in one law irrespective of the
‘systematic’ nature of the issues involved
(technical issues of implementing digital
signatures, public law issues of establishing
supervisory bodies, public law issues of
electronic invoicing, private and public law
issues of electronic documentation, as well as
private law issues of distance contracts, form
requirements and signature requirements).
This idea should be abolished and the issues
be separated according to their systematic
nature.
OVERALL COMMENT:
As already noted in the Impact Assessment Report (see Section 3.3.3), certain provisions on
contract formation and formal requirements (Chapters III, VI and VII of the LISS) should
move to the law of obligations’ part of the Civil Code.
Likewise, the provisions on distance contracts (Chapter IX) should move either to the law of
obligations of the Civil Code or to the consumer protection law, depending on which
Page 20 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
approach is eventually opted for, i.e. integration or separation of the consumer protection
law.
Banking
LCP / Central Bank Regulations / LOR
 Directive 2008/48/EC of the European
Parliament and of the Council of 23
April 2008 on credit agreements for
consumers and repealing Council
Directive 87/102/EEC
(OJ L 133, 22.5.2008, p. 66–92)
On the transposition of Directive 2008/48/EC
(the “Consumer Credit Directive”), see our
comment above under the “Consumer
Protection” section of this table.
 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/EEC and Directives
97/7/EC and 98/27/EC
(OJ L 271, 9.10.2002, p. 16–24)
Although the LCP has transposed at large the
requirements of Directive 2002/65/EC (the
“Distance Marketing Directive”)13, certain
shortcomings can be observed. For example,
Chapter IX of the LCP only foresees the
‘consumer credit contract’ as a mean of
financial services14. More importantly,
distance contracts are regulated as a separate
type of contract (Chapter VIII) rather than as a
modality of conclusion applying to various
contracts, including financial contracts.
Besides, Chapter IX does not provide explicitly
for the conclusion of consumer credit
contracts in distance. As a reinforcing
argument that consumer credit contracts
cannot be concluded through distance means
one may quote Art. 41 par. 1 LCP: “Credit
contracts that constitute the object of this
Chapter of this Law shall be made, in all cases,
in writing and a copy of the contract signed by
the parties is given personally to the consumer
at the time when the contract is signed”.
 Directive 2014/17/EU of the European
Parliament and of the Council of 4
On the transposition of Directive 2014/17/EU
(the“Mortgage Credit Directive”), see our
13
According to the Statement on Compliance of the Draft LCP with the EU acquis (26 April 2012), in the process
of harmonisation the Ministry of European Integration (MEI) has taken into account, among others, the
Distance Marketing Directive.
14
Art. 38 LCP defines the consumer credit contract as: “… any agreement, where a creditor gives or promises to
give to a consumer a credit in the form of a deferred payment or deposit, lending or other similar financial
agreement”.
Page 21 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
February 2014 on credit agreements for
consumers relating to residential
immovable property and amending
Directives 2008/48/EC and 2013/36/EU
and Regulation (EU) No 1093/2010
Text with EEA relevance
(OJ L 60, 28.2.2014, p. 34–85)
comment above under the “Consumer
Protection” section of this table.
 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 (Text with EEA relevance)
(OJ L 319, 5.12.2007, p. 1–36)
Money transfer is not regulated in the LOR.
The Law No. 04/L-155 on Payment System
from 3 May 2013 regulates financial services
outside the LOR. This law complies with EU
standards.
 Directive 2014/92/EU of the European
Parliament and of the Council of 23 July
2014 on the comparability of fees
related to payment accounts, payment
account switching and access to
payment accounts with basic features
Text with EEA relevance
(OJ L 257, 28.8.2014, p. 214–246)
On 23.07.2014 the EU adopted Directive
2014/92/EU on the comparability of fees
related to payment accounts, payment
account switching and access to payment
accounts with basic features (the “Payment
Accounts Directive”). This Directive is a major
step towards a real single market for retail
financial services bringing numerous benefits
to EU citizens. By providing for a right to a
basic payment account irrespective of a
citizen’s place of residence or financial
situation, the obstacles faced by many in
accessing basic banking services across
borders are removed. The Directive also
substantially improves the transparency of
bank account fees and makes it easier to
switch a bank account from one bank to
another15.
Insurance
LOR
Directive 2002/83/EC of the European
Parliament and of the Council of 5
November 2002 concerning life assurance
Chapter 4 of this Directive (Articles 32 ff.)
provides certain rules on contract law,
including rules relating to conditions of
15
According to Art. 18 of the Payment Accounts Directive, which entered into force on 18 September 2014,
Member States will have two years to implement the latter into their national law.
Page 22 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
(OJ L 345, 19.12.2002, p. 1–51)
assurance and scales of premiums,
cancellation period, and information for policy
holders. There seems to be no law in Kosovo
implementing Directive 2002/83/EC.
Directive 2002/92/EC of the European
Parliament and of the Council of 9
December 2002 on insurance mediation
(OJ L 9, 15.1.2003, p. 3–10)
The regulation of insurance contracts in the
LOR does not contain any European standards
on insurance mediation set forth in Directive
2002/92/EC (the “Insurance Mediation
Directive”). However, there is a regulation of
the Central Bank of Kosovo for insurance
intermediaries (which is only available in
Albanian). The Insurance Mediation Directive
was only partially transposed in this CBK
regulation16.
Directive 2009/138/EC of the European
Parliament and of the Council of 25
November 2009 on the taking-up and
pursuit of the business of Insurance and
Reinsurance (Solvency II) (Text with EEA
relevance)
(OJ L 335, 17.12.2009, p. 1–155)
The regulation of insurance contracts in the
LOR also does not contain provisions on
information duties as prescribed by the
Directive 2009/138/EC.
Directive 2002/65/EC of the European
On the transposition of the Distance
Parliament and of the Council of 23
marketing Directive, see our comment above
September 2002 concerning the distance
under the “Banking” section of this table.
marketing of consumer financial services
and amending Council Directive 90/619/EEC
and Directives 97/7/EC and 98/27/EC
(OJ L 271, 9.10.2002, p. 16–24)
OVERALL COMMENT:
The question is whether contracts related to financial services17 (banking, insurance, etc.)
should be regulated at all in the law on obligations of the Civil Code.
Regulating this type of contracts in the future Civil Code would avoid fragmentation of the
16
The criteria to be fulfilled by mediators and brokers for the purposes of registration are well explained in the
Central Bank Regulation, which meets the standards of the Directive. However, the CBK regulation does not
incorporate the requirements of Art. 4(4), Art. 10, Art. 11, Art. 12 and Art. 13 of the Directive. Furthermore,
civil liability insurance coverage requirement foreseen for mediators is much lower in the CBK Regulation (up to
500,000 EUR), whereas the Directive requires an amount up to 1,500,000 EUR.
17
Art. 3 of the Directive reads as follows: “(b) ‘financial service’ means any service of a banking, credit,
insurance, personal pension, investment or payment nature;”. (emphasis added)
Page 23 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
framework related to contract law. However, such contracts require a huge amount of highly
technical provisions which could drag the Civil Code into dimensions not suitable for
practical needs.
Alternatively, it would seem sensible to let the matters of contract law related to financial
services be governed by the special laws on banking and insurance matters. This would
ensure a more comprehensive approach to such matters and in-depth regulation of
contractual issues. It would also mean that the approximation to EU standards (especially
consumer related) existing in the area of banking and insurance contract law should not be
accomplished in the LOR but in the special legislation on baking and insurance matters18.
A third approach lies halfway between the first two. It would consist in regulating financial
contracts in the Civil Code, however not in the substance (which would be governed by
special legislation) but only from the point of view of consumer protection.
The Commission for the Drafting of the Civil Code of Kosovo will have to decide which
approach to follow, bearing in mind that the incorporation of banking and insurance
contracts in the Civil Code may require additional expertise in these very specific areas of
private (business) law.
Advertising and Information. Unfair Trade
Practices
LCP / Law on Internal Trade
 Directive 2005/29/EC of the European
Parliament and the Council of 11 May
2005 concerning unfair business-toconsumer commercial practices in the
internal market and amending Council
Directive 84/450/EEC, Directives
97/7/EC, 98/27/EC and 2002/65/EC of
the European Parliament and of the
Council and Regulation (EC) No
2006/2004 of the European Parliament
and of the Council (‘Unfair Commercial
Practices Directive’) (Text with EEA
relevance)
(OJ L 149, 11.6.2005, p. 22–39)
Implemented in the LCP, Chapters XI-XIII.
Integration into the law of obligations of the
Civil Code is not required since the provisions
of this Directive apply to commercial practices
which take place prior to the negotiation and
conclusion of a contract. Besides, unfair trade
practices are already regulated in Kosovo by
Law No. 2004/18 On Internal Trade
(16.06.2004), as amended and supplemented
by Law No. 04/L-005 (23.06.2011).
18
These standards include the information duties imposed on the insurer and the withdrawal rights granted to
the policy holder by the Distance Marketing Directive (2002/65/EC) and the Life Assurance Directive
(2002/83/EC). Other standards are foreseen in the insurance-related provisions of the Gender Directive
(2004/113/EC), the Unfair Contract Terms Directive (93/13/EEC), as well as the Injunctions Directive
(98/27/EC). All the above-mentioned standards afford a high level of consumer or, more precisely, policy
holder protection.
Page 24 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
 Directive 2006/114/EC of the European
Parliament and of the Council of 12
December 2006 concerning misleading
and comparative advertising (codified
version) (Text with EEA relevance)
(OJ L 376, 27.12.2006, p. 21–27)
Directive 2006/114/EC (the “Misleading and
Comparative Advertising Directive”) is
implemented in the LCP, Chapter XIV.
Integration into the law of obligations of the
Civil Code is not appropriate because this
Directive regulates unfair trading. In
particular, it provides a common minimum
level of protection against misleading
advertising for traders and regulates
comparative advertising.
 Directive 2004/39/EC of the European
Parliament and of the Council of 21
April 2004 on markets in financial
instruments amending Council
Directives 85/611/EEC and 93/6/EEC
and Directive 2000/12/EC of the
European Parliament and of the Council
and repealing Council Directive
93/22/EEC
(OJ L 145, 30.4.2004, p. 1–44)
This Directive addresses investment
companies. Only a small part deals with the
relationship between the costumer and the
investment company. That is a special
contract which needs not to be regulated in
the Civil Code.
OVERALL COMMENT:
None of the Directives above mentioned should be transposed in the law of obligations of
the Civil Code for the reasons explained above.
Late Payment and Default Interest
LOR
 Directive 2011/7/EU of the European
Parliament and of the Council of 16
February 2011 on combating late
payment in commercial transactions
Text with EEA relevance
(OJ L 48, 23.2.2011, p. 1–10)
The Civil Code would be the right place for
regulating debtor’s default and default
interest in accordance with EU law, regardless
of how and where consumer protection issues
should be regulated in Kosovo (integration or
separation model).
OVERALL COMMENT:
It would be advisable changing the rules of the LOR on default interest within the Civil Code
(law of obligations) in accordance with the Commission’s proposal for a Regulation on the
Common European Sales Law, Articles 166-171, which meets the standards of the acquis
communautaire.
Page 25 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
Product Liability
LOR
 Council Directive 85/374/EEC of 25 July
1985 on the approximation of the laws,
regulations and administrative
provisions of the Member States
concerning liability for defective
products
(OJ L 210, 7.8.1985, p. 29–33)
Product liability is poorly addressed in Art. 160
LOR. The LCP does not regulate matters
related to product liability19. However, just
one article does not suffice to meet the
standards of Directive 85/374/EEC (the
“Product Liability Directive”). Importers of
goods, for instance, are not addressed.
OVERALL COMMENT:
Art. 160 LOR, when codified within the Civil Code (law of obligations), may be amended
according to the Product Liability Directive. Otherwise, this Directive may be implemented
within the framework of the LCP.
Commercial Agents
LOR
 Council Directive 86/653/EEC of 18
December 1986 on the coordination of
the laws of the Member States relating
to self-employed commercial agents
(OJ L 382, 31.12.1986, p. 17–21)
The relevant rules in the LOR, notably
Articles 804-833 LOR, appear to be in
accordance with EU Law.
OVERALL COMMENT:
No intervention is needed.
Transport20
Law on Civil Aviation and Law on Kosovo
Railways
 Regulation (EU) No 181/2011 of the
European Parliament and of the Council
of 16 February 2011 concerning the
rights of passengers in bus and coach
transport and amending Regulation (EC)
Kosovo has incorporated some of the EU
Regulations on transport of persons in the
Law on Civil Aviation (Law No. 03/L-051) – by
means of a direct reference (despite the fact
19
Slovenia has regulated product liability according to the Directive in its Consumer Protection Act.
Action by the EU in the field of transport of persons, among other things, is aimed at ensuring a high level of
protection for bus or coach passengers as well as rails passengers, wherever they travel. Since the passenger is
the weaker party to the transport contract, passengers’ rights in this respect are safeguarded. Denied boarding
and cancellation or long delay of flights cause serious trouble and inconvenience to passengers. The EU has
therefore raised the standards of protection to strengthen the rights of passengers travelling by air.
Furthermore, the single market for air services should benefit citizens in general. Moreover, disabled persons
and persons with reduced mobility have the same right as all other citizens to free movement, freedom of
choice and non-discrimination. Consequently, disabled persons and persons with reduced mobility should have
opportunities for air travel comparable to those of other citizens.
20
Page 26 of 27
EU funded project managed by the EUO in Kosovo and
implemented by a Consortium led by GIZ IS
No 2006/2004 Text with EEA relevance
(OJ L 55, 28.2.2011, p. 1–12)
 Regulation (EC) No 1371/2007 of the
European Parliament and of the Council
of 23 October 2007 on rail passengers’
rights and obligations
(OJ L 315, 3.12.2007, p. 14–41)
that the regulations are clearly not available in
the Albanian language!) – and in the Law on
Kosovo Railways (Law No. 04/L-063), through
the enactment of sub-legal acts issued on the
basis of the EU acquis. Further means of
transportation do not seem to be regulated.
 Regulation (EC) No 261/2004 of the
European Parliament and of the Council
of 11 February 2004 establishing
common rules on compensation and
assistance to passengers in the event of
denied boarding and of cancellation or
long delay of flights, and repealing
Regulation (EEC) No 295/91 (Text with
EEA relevance) - Commission Statement
(OJ L 46, 17.2.2004, p. 1–8)
 Regulation (EC) No 1107/2006 of the
European Parliament and of the Council
of 5 July 2006 concerning the rights of
disabled persons and persons with
reduced mobility when travelling by air
(Text with EEA relevance)
(OJ L 204, 26.7.2006, p. 1–9)
OVERALL COMMENT:
There is no need for these and other EU Regulations on transport of persons to be codified
within the Civil Code.
Page 27 of 27