Amending the Directive on alternative dispute resolution for consumer disputes
TA-9-2024-0139 · P9_TA(2024)0139 · PE757.840
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Parliament's amended version of the proposed directive amends EU rules on alternative dispute resolution (ADR) for consumer disputes, extending its scope and updating related directives.¶¶ It makes air carrier participation in ADR mandatory, covers disputes with third-country traders and non-contractual rights, and sets rules on trader responses, fees, and consumer information.¶¶¶ It also requires ADR entities to report non-compliant traders and unfair practices, and mandates a Commission digital tool for consumer redress.¶¶¶
Key points
- Air carriers under Regulation (EC) No 261/2004 must participate in ADR procedures, without prejudice to access to the judicial system.¶¶
- The directive's scope extends to disputes with traders established outside the EU, if they accept ADR, and to non-contractual consumer rights from specified EU laws.¶¶¶
- ADR entities must allow offline procedures, ensure review by a natural person for automated decisions, and provide regular training to staff.¶¶¶
- Traders must respond to ADR entity enquiries within 15 working days, extendable to 20 in complex cases or exceptional circumstances.¶¶
- ADR procedures should be free or at a nominal fee, reimbursable by national authorities when the dispute is resolved.¶¶
- Traders must provide ADR information on their website, in general terms and conditions, and on invoices, and make an email address available.¶¶¶
- ADR entities must report traders who systematically refuse to comply with outcomes and inform competent authorities of suspected unfair commercial practices.¶¶¶
- Member States must designate ADR contact points, often European Consumer Centres, and ensure consumers can use their own language in cross-border procedures.¶¶¶
- The Commission must develop a digital interactive tool to help consumers find ADR entities and information on cross-border redress.¶¶
- Member States must lay down penalties for infringements of national provisions, particularly on trader responses and information duties.¶
Who is affected
- Consumers in the EU: gain broader access to ADR, including for disputes with third-country traders and non-contractual rights.¶¶¶
- Air carriers: must participate in ADR procedures for disputes under passenger rights rules.¶¶
- Traders: must respond to ADR enquiries, provide information, and comply with outcomes or explain non-compliance.¶¶¶
- ADR entities: face new requirements on training, reporting, and handling of unfair practices.¶¶¶
- Member States: must implement new rules, designate contact points, and ensure resources for competent authorities.¶¶¶
Figures and deadlines
- 15 working days: maximum period for traders to respond to ADR entity enquiries.¶
- 20 working days: maximum extension of the response deadline in complex cases or exceptional circumstances.
Legal basis: Article 114 of the Treaty on the Functioning of the European Union¶