Wine Law

consumer rights by establishing rules regarding the information that must be provided to them, the regulation of the right of withdrawal and the harmonisation of certain contractual provisions. Finally, two questions must be raised in the event that a consumer right has been infringed under European law. The first is the reaction of the legal system to demand that such an infringement cease immediately; and the second, purge responsibilities and compensate the damage caused. In the first case, Directive 2009/22/EC, relating to injunctions regarding the protection of consumer inests, harmonises current national and European Union laws, in order to defend the collective interests of consumers, and provides for injunctions, which can be brought before the competent courts in each Member State in the event of an offense committed by a commercial operator from another State. In terms of liability for damage caused by defective products and the indication of prices, Directive 99/34/EEC establishes the principle of strict liability of the producer in case of damage caused by a defective product 25 , which is governed by the damage system anti- legal that there is no duty to support, action or omission, and causal relationship between both. B) Spanish legislation At national headquarters, Royal Legislative Decree 1/2007, of 16 November, is applicable, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws 26 (hereinafter TRLDCU). Beforehand, we must note that the TRLDCU is fully applicable to the customer of an establishment that consumes alcoholic beverages, because it meets the definition of Article 3: “consumers or users are natural persons who act with a purpose other than their commercial, business, trade or profession”. Indeed, alcohol consumption is done on a private or personal basis, never within a commercial, business or professional 25 BAUZÁ MARTORELL, F. J. La presunción de culpa en el funcionamiento de los servicios públicos. Civitas Thomson Reuters. CIzur Menor, 2017, p. 195. 26 We will focus our analysis on the defense of the consumer of alcoholic beverages, leaving aside any activity of unfair competition, which would be governed by Law 29/2009, of 30 December, which modifies the legal regime of unfair competition and advertising to improve the protection of consumers and users.