The European Commission is proposing to modernise Directive 2013/11/EU on the alternative dispute resolution for consumer disputes (known as the ADR Directive), with a view to adapting these alternative methods of recourse to the digital age and speeding up procedures by simplifying them.
The proposal for a directive adopted by the College of Commissioners on Tuesday 17 October responds to the needs of digital markets for rapid procedures while providing consumers with the necessary assistance.
The scope of application will be extended to all aspects of European consumer law and will cover a greater number of disputes, such as misleading advertising, manipulative interfaces, geo-blocking problems, switching suppliers (energy and telecommunications, for example) or roaming charges.
Companies will remain free to choose whether or not to participate in out-of-court dispute resolution. However, if a consumer requests the intervention of an ADR, the company will be obliged to respond within 20 working days.
Designated authorities, such as the European Consumer Centres Network (ECC-Net), will help consumers to understand and access these procedures.
Consumers, particularly the most vulnerable, will benefit from personalised support to launch their case (translation, explanations of the procedure, fees or physical documents). Member States will designate contact points responsible for facilitating communication between consumers and traders, supporting the procedure and providing general information on EU consumer rights and redress.
The Commission has also adopted a recommendation addressed to online marketplaces, trade associations and Member States with a view to aligning the dispute resolution systems of online marketplaces with European standards for fair and efficient Alternative Dispute Resolution.
BEUC disappointed. The European Consumer Organisation (BEUC) regrets that the proposal is limited in scope and does not strengthen ADRs. “According to the proposal, traders’ participation in ADR procedures would still not be mandatory and regrettably nothing is proposed to strengthen the independence of ADR entities”, stressed BEUC in a press release.
This proposal was initially intended to form part of a legislative package on the enforcement of consumer protection legislation, with a proposal to modernise the Regulation on cooperation between national authorities responsible for the application of European law in this area – the Consumer Protection Cooperation Network (CPC Network) – in order to strengthen their means of action so that consumers benefit from the same rights both online and offline (see EUROPE 13031/11).
To consult the proposal for a directive and the recommendation: https://aeur.eu/f/93g (Original version in French by Aminata Niang)