Alternative Dispute Settlement Act (Liechtenstein)
The Alternative Dispute Settlement Act (AStG) is a Liechtenstein law that was published on December 28, 2016 and which regulates the procedure for the alternative settlement of disputes about obligations arising from a contract for payment between an entrepreneur established in Liechtenstein and an entrepreneur based in Liechtenstein or in another contracting state of the Agreement on the European Economic Area is regulated (Article 1 Paragraph 1 AStG).
The AStG was enacted on the basis of the obligations of the European Union to the Union member states and the adoption into the legal framework of the EEA states Iceland , Liechtenstein and Norway , in particular
- the Directive 2013/11 / EU , on alternative dispute resolution for consumer disputes and amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC (Article 34 AStG)
- Regulation (EU) No. 524/2013 on the online settlement of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Article 1 (3) AStG).
Structure of the law
- Section I. General provisions
- Articles 1 to 3
- Section II: AS bodies
- Articles 4 to 10
- III. Section: AS procedure
- Articles 11 to 17
- IV. Section: Information requirements
- Article 18
- V. Section: Support, information and cooperation from AS agencies
- Articles 19 to 22
- VI. Section: Authorities and reporting requirements
- Articles 23 to 27
- VII. Section: Penal provisions
- Article 28
- VIII. Section: Final provisions
- Article 29
Scope and scope
The AStG applies to (Article 1 Paragraph 1 AStG):
- Disputes about obligations from a paid contract,
- between an entrepreneur established in Liechtenstein and
- one in Liechtenstein or
- in another signatory state to the Agreement on the European Economic Area ,
- resident consumer. The AStG therefore does not apply to disputes about obligations arising from a paid contract with companies or consumers from third countries (e.g. Switzerland ).
Disputes arising from legal transactions (Article 1 (2) AStG) are expressly excluded from the scope:
- on health services provided by health professionals to patients in order to assess, maintain or restore their state of health, including the prescription, dispensing and provision of drugs and medical devices;
- with public providers of further education or higher education,
- non-economic services of general interest and
- Purchase contracts for immovable property.
According to Article 2 AStG, in the event of a conflict, the AStG takes precedence over any other legal provision that serves to implement a sector-specific Union legal act through out-of-court redress procedures initiated by a consumer against an entrepreneur .
Enforcement of the law
According to Article 28 AStG, the Liechtenstein government (competent authority) is responsible for executing the AStG.
Basis of reception
The basis of reception for the Liechtenstein Alternative Dispute Settlement Act and the regulation on alternative dispute settlement bodies is the Austrian Alternative Dispute Settlement Act (AStG), with which the procedure for the alternative settlement of disputes about obligations from a paid contract between an entrepreneur based in Austria and a Consumer is regulated (Article 1 Paragraph 1 AStG). Similar to Austria, the regulations for the dispute settlement bodies (AS bodies) are structured in Liechtenstein.
- Legal text
- Report and application by the Liechtenstein government to create the AStG
- Materials on the Austrian AStG on the website of the Austrian National Council
Sources and References
- ↑ Long title: Act of November 4, 2016 on alternative dispute settlement in consumer affairs (Alternative Dispute Settlement Act; AStG), LGBl. 516/2016.
- ↑ OJ. No. L 165 of June 18, 2013 p. 63
- ↑ OJ. No. L 165 of June 18, 2013 p. 1.
- ↑ Long title: Federal law that enacts a federal law on alternative dispute resolution in consumer matters and changes the Consumer Protection Act, the Fees Act 1957 and the Consumer Authorities Cooperation Act, Federal Law Gazette I 105/2015.
- ^ Government report and application , 83/2016, of July 5, 2016, p. 7.