lithuanian presidency event: priority trends of the consumer protection in the eu panel 3: adr and...

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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

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Directive 2013/11/EU on consumer ADR 3 "Article 14 Assistance for consumers 1.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. 2.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."

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Page 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

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 DeckerDG SANCO/B4Vilnius, 3 October 2013

Page 2: Lithuanian Presidency Event: Priority Trends of the Consumer Protection in the EU Panel 3: ADR and ODR in cross-border and online disputes  practical

Directive 2013/11/EU on consumer ADRDirective 2013/11/EU on consumer ADR

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"Article 5Access to ADR entities and ADR procedures

1.[…]2.Member States shall ensure that ADR entities: […] (e) accept both domestic and cross-border disputes, including

disputes covered by Regulation (EU) No 524/2013; and […]"

Page 3: Lithuanian Presidency Event: Priority Trends of the Consumer Protection in the EU Panel 3: ADR and ODR in cross-border and online disputes  practical

Directive 2013/11/EU on consumer ADRDirective 2013/11/EU on consumer ADR

3

"Article 14Assistance for consumers

1.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.

2.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."

Page 4: Lithuanian Presidency Event: Priority Trends of the Consumer Protection in the EU Panel 3: ADR and ODR in cross-border and online disputes  practical

Regulation (EU) No 524/2013 on consumer ODRRegulation (EU) No 524/2013 on consumer ODR

The ODR platform(simplified schema)

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Page 5: Lithuanian Presidency Event: Priority Trends of the Consumer Protection in the EU Panel 3: ADR and ODR in cross-border and online disputes  practical

• 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

ADR entity

ADR entity

ADR entity

ADR entity

ADR entity

ADR entity

ADR entity

ADR entity

European ODR PLATFORM

Page 6: Lithuanian Presidency Event: Priority Trends of the Consumer Protection in the EU Panel 3: ADR and ODR in cross-border and online disputes  practical

ODR PLATFORM

Subm

issi

on o

f com

plai

ntInform

ation on complaint

Complainant party

Respondent partyCompetent

ADR entity

Transm

ission

Agreement on ADR entity

Facilitation

Page 7: Lithuanian Presidency Event: Priority Trends of the Consumer Protection in the EU Panel 3: ADR and ODR in cross-border and online disputes  practical

ODR PLATFORM

Complainant party

Respondent partyADR

entity

Case Management

Tool

Page 8: Lithuanian Presidency Event: Priority Trends of the Consumer Protection in the EU Panel 3: ADR and ODR in cross-border and online disputes  practical

Regulation (EU) No 524/2013 on consumer ODRRegulation (EU) No 524/2013 on consumer ODR

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The ODR contact pointsDesignation •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

Page 9: Lithuanian Presidency Event: Priority Trends of the Consumer Protection in the EU Panel 3: ADR and ODR in cross-border and online disputes  practical

Regulation (EU) No 524/2013 on consumer ODRRegulation (EU) No 524/2013 on consumer ODR

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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

Page 10: Lithuanian Presidency Event: Priority Trends of the Consumer Protection in the EU Panel 3: ADR and ODR in cross-border and online disputes  practical

Q&A

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Thank you for your attention!