Consumer Dispute Settlement Act
| Basic data | |
|---|---|
| Title: | Law on Alternative Dispute Resolution in Consumer Matters |
| Short title: | Consumer Dispute Settlement Act |
| Abbreviation: | VSBG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Administration of justice |
| References : | 302-8 |
| Issued on: | February 19, 2016 ( Federal Law Gazette I p. 254 ) |
| Entry into force on: | predominantly April 1, 2016 |
| Last change by: |
Art. 2 G of June 25, 2020 ( Federal Law Gazette I p. 1474, 1477 ) |
| Effective date of the last change: |
June 30, 2020 (Art. 5 G of June 25, 2020) |
| GESTA : | C123 |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The Consumer Dispute Settlement Act (VSBG) creates out-of-court dispute settlement bodies . These are available to consumers in the event of disputes with entrepreneurs . The law lays down requirements with regard to professional competence , impartiality, independence and transparency of the dispute settlement procedure and the dispute mediators.
Story and content
The law is part of the implementation of Directive 2013/11 / EU (ADR Directive) of the European Parliament and of the Council of May 21, 2013 on the alternative settlement of consumer disputes.
According to the ADR Directive, member states are obliged to ensure that consumers have access to out-of-court dispute resolution bodies in the event of disputes with entrepreneurs. The obligation relates to disputes arising from purchase or service contracts within the meaning of Directive 2013/11 / EU. Consumers should have the opportunity to assert their rights from a consumer contract with an entrepreneur in an out-of-court procedure that meets the statutory quality requirements and is secured by the state through the approval of the dispute settlement body.
The VSBG is applicable to sales contracts and, for example, transport contracts in local public transport or contracts for telecommunications services . Employment disputes are excluded ( Section 4 (1) VSBG). The disputes can relate to rights or obligations from the contractual relationship as well as the question of whether such a contractual relationship exists.
The receipt of the application by the dispute settlement body suspends the statute of limitations for the claim in question ( Section 204 No. 4 BGB).
The consumer arbitration boards are sponsored by private registered associations ( Section 3 (1) VSBG). The associations set up arbitration boards that only become consumer arbitration boards after they have been recognized by the Federal Office of Justice (BfJ) ( § 24 ff VSBG). The use of the title consumer arbitration board is only permitted for recognized arbitration boards. The abuse can be punished with a fine of up to 50,000 € ( § 41 VSBG).
In order to make the procedure known to consumers, the legislature has obliged the entrepreneurs who conclude contracts with consumers to point out the procedure and a competent consumer arbitration board in writing in the event of a dispute. In this written notice, the companies must state whether they are willing or obliged to take part in an arbitration before a consumer arbitration board or whether they reject such an attempt at arbitration ( Section 37 VSBG). Companies that employ more than 10 people on December 31st and have a website or terms and conditions must adapt their website and terms and conditions to the law ( Section 36 VSBG). They have to explain in a clearly visible, easily accessible and understandable way whether they are taking part in a procedure before a consumer arbitration board or not. If you take part, you have to indicate the responsible consumer arbitration board with address and website. Violations can be warned according to the law against unfair competition . In addition, an action by a consumer protection association is admissible under the Injunction Law . In addition, the company can make itself liable for damages to the consumer.
Ordinances
The Consumer Dispute Settlement Information Duty Ordinance (VSBInfoV) was passed in addition to the law, which contains further provisions on the authorization and reporting obligations of consumer arbitration boards .
Relationship to State Jurisdiction
The dispute settlement process ends when the parties accept the mediator's proposed arbitration. This can e.g. B. be a final agreement according to § 2 Paragraph 6 MediationsG . Otherwise the arbitration board will certify the unsuccessful attempt at an agreement ( § 21 VSBG).
The out-of-court dispute settlement procedure does not exclude access to the state courts ( Section 5 (2) VSBG). However, if state law stipulates that a lawsuit can only be brought after an unsuccessful mediation attempt ( mandatory quality procedure according to Section 15a (3) sentence 3 EGZPO ), the plaintiff must submit the certificate of the unsuccessful attempt at settlement with the lawsuit.
literature
- Gerhard Ring: The new Consumer Dispute Settlement Act (VSBG) in legal practice. Deutscher AnwaltVerlag, 2016. ISBN 978-3-8240-1467-5
Web links
- Text of the law
- Federal Office of Justice : List of consumer arbitration boards in accordance with Section 33 (1) of the Consumer Dispute Settlement Act (VSBG) as of January 12, 2018
Individual evidence
- ↑ a b c BT-Drs. 18/5089
- ↑ Information from the Federal Office of Justice on the course of the recognition procedure
- ↑ Lasse Konrad: New information requirements for entrepreneurs from 2017 January 13, 2017
- ↑ Consumer Dispute Settlement Information Duty Ordinance (VSBInfoV) of February 28, 2016 ( BGBl. I p. 326 , PDF)
