NORWEGIAN AUTHORITIES are calling on Nintendo Europe to act on a breach of EU consumer law, using German authorities to act in their position as hosts of the company’s European base.
The story is a continuation of the long-running battle which has seen Norway take Nintendo and other game providers to task over pre-sale rules which break the Norwegian Consumer Act.
Valve, Sony and EA all failed to get the express consent of consumers, who therefore they couldn’t withdraw their purchase if they changed their minds, went the claims, which were all dropped.
Nintendo went one stage further by failing to offer any kind of refund policy at all on pre-sales which actually breaks the rules for the whole of ruddy Europe.
Norway Consumer Council (NCC) has therefore asked German officials to enact an ‘enforcement request’, which basically is a letter asking them if they’d mind awfully clamping down on the Japanese gaming giant.
Norwegian news site Pressfire carries a quote from Legal Advisor Anders Obrestad: “We have reviewed and forwarded the original complaint from the Consumer Council, together with a statement that we share the Consumer Council’s assessment that the practice is in breach of the Consumer Rights Directive.”
So what happens now? Given that Nintendo has brushed off the accusations in the past, this is the point where all the cards lie with the Germans.
If Germany decides to act, and Nintendo is still stonewalling, expect to see action move to the courts and if necessary the European courts too.
Alternatively, Nintendo may decide that the heat is rising too much for them and do us all a solid and fix the eShop. Let’s face it – the lack of refund facility isn’t the only clunky thing about it.
NCC meanwhile is also on the march over GDPR which it claims some of the world’s biggest companies are failing to comply with.