Brussels, 11/12/2012 (Agence Europe) - At the Tuesday Trilogue, negotiators from the European Parliament and the Council managed to reach an agreement on the two legislative projects that will enable cross-border online consumers to swiftly, efficiently and cheaply resolve their litigation with traders, without having to take matters to court. EU 27 ministers responsible for competitiveness were informed on the same day of the informal agreement subsequently found on the draft directive involving the online dispute resolution (ODR) and the draft online dispute resolution for consumer disputes (ODRC). The Parliament and the Council will now have to formally adopt the texts concluded.
Under the terms of the agreement, the extrajudicial resolution of litigation will apply to consumer complaints against traders with regard to goods and services purchased online or in a shop or country outside of the consumer's own borders. ODR services should preferably be free for consumers or at a “symbolic cost” and litigation will generally have to be resolved within a timeframe of 90 days.
MEPs have attempted to ensure that traders are obliged to provide consumers with information regarding ODR bodies and how they can contact them. With regard to increasing the use of ODR systems among sellers, traders must also indicate whether they are prepared to use ODR for resolving complaints. MEPs also introduced provisions guaranteeing the impartiality and quality of ODR.
In an effort to resolve litigation over sales on the Internet, an online European level platform will be set up to guide purchasers towards a litigation system that is most appropriate to their own individual cases. The platform is expected to be set up and managed by the Commission and will be accessed through the “Your Europe” portal. In order to save time, all of the different approaches regarding complaints will be able to be tackled online. The ODRC platform will provide an electronic complaints form, as well as a digital translation. Information that is exchanged will be protected in compliance with European Union rules on data protection and private life. MEPs have ensured that this regulation applies to all online litigation, wherever the seller is based. The agreement on the two texts is expected to be formally approved by the internal market committee on 18 December, so that Parliament will be able to give its view at the beginning of 2013. (AN/transl.fl)