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Christoph Decker DG SANCO/B4 Vilnius, 3 October 2013

Lithuanian Presidency Event: "Priority Trends of the Consumer Protection in the EU" Panel 3: "ADR and ODR in cross-border and online disputes – practical examples". Christoph Decker DG SANCO/B4 Vilnius, 3 October 2013. Directive 2013/11/EU on consumer ADR.

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Christoph Decker DG SANCO/B4 Vilnius, 3 October 2013

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  1. Lithuanian Presidency Event:"Priority Trends of the Consumer Protection in the EU"Panel 3: "ADR and ODR in cross-border and online disputes – practical examples" Christoph Decker DG SANCO/B4 Vilnius, 3 October 2013

  2. Directive 2013/11/EU on consumer ADR "Article 5Access to ADR entities and ADR procedures • […] • Member States shall ensure that ADR entities: […] (e) acceptbothdomesticandcross-borderdisputes, includingdisputescoveredby Regulation (EU) No 524/2013; and […]"

  3. Directive 2013/11/EU on consumer ADR "Article 14 Assistance forconsumers • Member States shall ensure that, with regard to disputes arising from cross-border sales or service contracts, consumers can obtain assistance to access the ADR entity operating in another Member State which is competent to deal with tehir cross-border dispute. • Member States shall confer responsibility for the task referred to in paragraph 1 on their centres of the European Consumer Centre Network, on consumer organisations or on any other body."

  4. Regulation (EU) No 524/2013 on consumer ODR The ODR platform (simplifiedschema)

  5. ADR entity ADR entity ADR entity • Web-based electronic platform, accessible in all official EU languages • Online complaint form • Information • Identification of competent ADR entities • Facilitation of agreement on competent ADR entity • Transmission of complaints to competent ADR entity • Translation • Case-management tool (optional) • Feedback system European ODR PLATFORM ADR entity ADR entity ADR entity ADR entity ADR entity

  6. ODR PLATFORM Facilitation Agreement on ADR entity Submission of complaint Information on complaint Transmission Respondent party Complainant party Competent ADR entity

  7. ODR PLATFORM Case Management Tool Respondent party Complainant party ADR entity

  8. Regulation (EU) No 524/2013 on consumer ODR The ODR contact points Designation • Appointed by Member States • Minimum 2 ODR advisors per contact point • Functions may be restricted to cross-border cases Tasks • Assisting with the complaint submission • Providing information on consumer rights • Providing information about the ODR platform • Explaining the rules of procedure of the ADR entities • Informing about other means of redress • Reporting to the Commission every 2 years

  9. Regulation (EU) No 524/2013 on consumer ODR Consumer Information • Online traders and online marketplaces established in the EU to inform consumers about the ODR platform by providing an easily accessible link to it on their websites • Online traders that are obliged or committed to use ADR to inform consumers about the possibility to use ODR platform on their websites, in e-mails and (where applicable) in general terms and conditions

  10. Q&A Thankyouforyourattention!

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