§ 1 NAME AND HEADQUARTERS
The association bears the name “EuroConsum”; after registration with
the addition e. V.
The headquarters of the association is Kassel (Hessen, Germany). The association year begins on July 1 and ends on June 30 of the following year.
It is to be entered in the register of associations.
§ 2 PURPOSE AND NON-PROFIT STATUS
I. PURPOSE AND PURPOSE FULFILLMENT
The association pursues exclusively non-profit purposes, namely the purpose of promoting consumer advice and consumer protection and the procurement of funds for charitable purposes.
In fulfilling its purpose, it represents the interests of consumers by providing information, education and advice on a non-commercial and non-temporary basis, in particular by issuing publications, holding meetings and surgeries, as well as events and publications on the quality of goods and services, in particular via the internet. It also represents the interests of consumers in the political arena.
The association also fulfills its objectives by asserting claims, in particular injunctive relief and claims for redress, and by conducting proceedings (including judicial proceedings) and proceedings before administrative authorities (without geographical restriction), in particular under the EU Directive on representative actions (Directive (EU) 2020/1828). The association can also work to protect the
rights of consumers by assigning claims to it, to the extent permitted by law.
The association also pursues its activities by advising consumers on aspects of discrimination that are unlawful under EU law (in particular Directives 76/207/EEC, 97/80/EC, 2000/43/EC, 2000/78/EC, 2002/73/EC, 2004/113/EC and Articles 18 to 21 TFEU), by promoting the interests of the persons and groups concerned, and by taking action in court and out of court to protect the rights of consumers and users. 02/73/EC, 2004/113/EC and Art. 18 to 21 TFEU) and takes and/or coordinates appropriate measures to combat discrimination. In particular, this includes all aspects of discrimination on the basis of characteristics that are proscribed under Community law in connection with mass-market transactions in everyday life, access to (fee-based) educational opportunities and in the residential rental market.
The purpose is further realized by the counseling and the exercise (including representation) of claims and rights under the GDPR (Regulation (EU) 2016/679), in particular also under Art. 80 GDPR.
In accordance with the requirements of Community law, the association also provides information about the rights of consumers by publishing information and data on the proceedings it conducts (and their results), because this facilitates the assertion and enforcement of individual claims (follow-up). In particular, it may provide assistance in this regard, taking into account the linguistic, cultural and ethnic diversity of the European Union (see Directive (EU) 2019/2161).
The statutory task may also include coordination with the competition authorities and the European Commission and the assertion of claims under Section 33, 34a GWB and participation in proceedings under Section 34 GWB.
The association is a non-profit organization and does not primarily pursue its own economic interests or the realization of profits.
The members of the association do not receive any benefits from the association’s funds in their capacity as members. No person may benefit from expenses that are not in line with the purpose of the association or from disproportionately high remuneration.
The association’s funds may only be used for the purposes set out in the statutes.
II. RELATIONSHIP WITH THE EUROPEAN UNION
The Association values the achievements of European unification, including the single market, and is committed to them and to the creation of a common area of freedom, security and justice. It is particularly committed to supporting consumers in cases with an intra-Community dimension. The association will support the consumer protection work of the European institutions, in particular the European Commission, to the best of its ability. Modern means of communication (internet, e-mail, etc.) and the linguistic and cultural pluralism of Europe are of particular importance in the work of the association.
§ 3 MEMBERSHIP, EXPULSION, DUES
Any legal entity or natural person of legal age can become a member. The board decides on admission, which can be applied for informally. If an application for admission is rejected, the applicant can lodge an objection. The board will present this objection to the general meeting; the general meeting will then decide on admission.
The membership fee for members who join the association after January 1, 2023 is at least 0.01 euros (1 euro cent) per year; for members who joined the association before that date, membership remains free of charge. However, each member is free to support the association financially. Membership ends with the resignation of a person or death. The declaration of resignation does not require any form.
Members can be excluded by decision of the general meeting if their behavior is incompatible with the objectives of the association. The exclusion requires the majority of the members present, whereby the member whose exclusion is being voted on has no voting rights.
The board may – in particular for reasons of procedural economy and reputational interest – at its reasonable discretion refrain from collecting membership fees. If the sum of the contributions for which collection has been waived exceeds 10% of the total membership fees in a calendar year, the board must point this out at the general meeting.
§ 4 ORGANIZATIONAL BODIES
I. THE GENERAL MEETING
The general meeting should take place at least once a calendar year. It can be convened by written request of 1/3 of the members or by the board. The invitation period is one week. An agenda does not have to be attached to the invitation. If there are proposals to amend the statutes, this fact should be pointed out without the individual amendments having to be mentioned. The invitation requires at least the text form.
The general meeting may also be held at a location other than the association’s registered office. The location is determined by the board at its reasonable discretion. However, in the case of a general meeting that has to take place at the request of some of the members, this general meeting must be held at the registered office.
Minutes shall be taken of the proceedings at the general meeting and the resolutions adopted, and shall be signed by the person taking the minutes.
II. BOARD AND MANAGEMENT
The general meeting elects a board of directors consisting of a maximum of three persons (the general meeting at which the board is elected decides on the specific number of board members), which alone represents the association in and out of court and manages its business. It is responsible for certifying the resolutions of the general meeting. Its term of office is five years, unless the general meeting elects a new chairperson before then. The board of directors should appoint a managing director to represent the association in and out of court,
in particular in the context of legal disputes and in day-to-day administrative matters.
The board of directors shall conclude an employment contract with the managing director, acting on behalf of the association.
If the board of directors is unable to conduct the association’s business due to death or illness for an expected period of more than four weeks, the managing director is obliged to call a general meeting without delay, but generally within eight weeks, for the purpose of electing a new board of directors.
Both the board and the managing director are exempt from the restrictions of § 181 BGB with regard to representing the other body or the association, but with the following restriction: when concluding, extending or terminating the employment or service contract of the managing director, including any legal actions in connection with the content and/or the design of the employment or service relationship of the managing director, the managing director is subject to the restrictions of § 181 BGB. or service contract of the managing director, including any legal acts in connection with the content and/or the design of the employment or service relationship of the managing director, the managing director is subject to the restriction of § 181 BGB.
The organs are free to use the female form to describe their office.
III. ADVISORY BOARDS
The board of directors shall organize advisory bodies in agreement with the management. The general meeting shall be informed about the formation and composition of these bodies. The board of directors shall take into account the wishes of the general meeting.
§ 5 VOTING, ELECTIONS AND AMENDMENTS TO THE ARTICLES OF ASSOCIATION
Voting and elections are regulated by an electoral code.
Amendments to the statutes require a two-thirds majority of the members present at the general meeting.
§ 6 DISSOLUTION AND CLAUSE
The dissolution of the association requires a majority of 3/4 of the votes cast at the general meeting with at least 3/4 of the members of the association being present. In the event of the dissolution or annulment of the association or the loss of tax-privileged purposes, the assets shall be transferred to the Society for the Scientific Investigation of Parascience e. V. (AG Darmstadt VR 2028), which shall use them directly and exclusively for charitable purposes.
§ 7 SUSTAINING MEMBERSHIP
In addition to full membership, there is the option of sustaining membership. Sustaining members are not entitled to vote and are not members in the sense of § 32 BGB. They pay an annual sponsorship fee, which is laid down in a contribution statute that is determined by the general meeting. The board of directors, which may delegate this task, decides on the admission of a sponsoring member.
If a person is both a member and a supporting member, the rights of that person as a member (§ 32 BGB) remain unaffected by the supporting membership.
An application for membership after February 1, 2011 (but no earlier than after the registration of the contribution statute by the registry court) will be considered an application for supporting membership, unless the circumstances indicate otherwise.
The sponsoring membership can be terminated at any time with a notice period of four weeks to the end of the month. Contributions made for sponsoring memberships will not be refunded.
The assertion of membership contributions is the responsibility of the board, at its reasonable discretion. If there are any outstanding contributions, the sponsoring members’ entitlement to any benefits will be suspended.
Last amended by resolution of the general meeting on 18.07.2023.