On the proposal for a directive of the European Parliament and of the Council amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828
A-9-2024-0060
Committee on the Internal Market and Consumer Protection · Rapporteur: Laura Ballarín Cereza
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Parliament's amended version of the proposed directive updates EU rules on alternative dispute resolution (ADR) for consumer disputes, extending its scope and strengthening requirements for traders and ADR entities.¶¶ It makes participation in ADR mandatory for air carriers under EU law, extends ADR to non-contractual and pre-contractual disputes, and sets new rules on fees, information, and reporting.¶¶¶
Committee position. The Committee on the Internal Market and Consumer Protection proposes to amend the Commission proposal to extend ADR scope, make air carrier participation mandatory, and strengthen consumer information and trader accountability.¶¶¶
Key points
- Extends ADR scope to include disputes over unfair commercial practices, pre-contractual information, passenger rights, non-conformity remedies, and access to deliveries, as well as non-contractual rights like non-discrimination and switching providers.¶¶¶
- Makes participation in ADR procedures mandatory for air carriers under Regulation (EC) No 261/2004, without prejudice to judicial access.¶¶
- Requires traders to respond to ADR entity enquiries within 15 working days, extendable to 20 for complex disputes or exceptional circumstances.¶¶
- Requires traders who do not comply with ADR outcomes to provide written explanations, and ADR entities to report traders who systematically refuse to comply.¶¶¶
- Mandates that ADR procedures be free or at a nominal fee, reimbursable by national authorities, and allows physical meetings at consumer request.¶¶
- Requires traders to provide ADR information on their website, in general terms and conditions, and on invoices, and to provide an email address for ADR contact.¶¶
- Ensures consumers can initiate and follow ADR procedures offline, and that automated procedures are reviewable by an independent and impartial natural person.¶¶
- Allows ADR entities to bundle similar cases with consumer consent, provided staff have sufficient knowledge.¶¶
- Requires ADR entities to report unfair commercial practices to national authorities, overriding confidentiality, and to direct consumers to authorities.¶¶¶
- Requires Member States to ensure ADR contact points have adequate resources and that cross-border procedures can be conducted in the consumer's official language.¶¶¶
- Requires regular training for ADR staff and ensures competent authorities have resources and independence.¶¶¶
- Requires the Commission to maintain a digital tool with practical cross-border information and links to ADR entities.¶¶
Who is affected
- Air carriers under Regulation (EC) No 261/2004: must participate in ADR procedures.¶¶
- Traders: must respond to ADR enquiries, provide information, and explain non-compliance with outcomes.¶¶¶
- Consumers: can access ADR for more dispute types, in their language, with free or low-cost procedures.¶¶¶
- ADR entities: must meet new requirements on training, reporting, and handling of unfair practices.¶¶¶
- Member States: must ensure resources for ADR contact points and competent authorities.¶¶¶
Figures and deadlines
Legal basis: Article 114 of the Treaty on the Functioning of the European Union¶