Ordinance on online dispute resolution in consumer matters

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Regulation (EU) No. 524/2013

Title: Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online settlement of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC
Short title: Ordinance on online dispute resolution in consumer matters
Designation:
(not official) 		ODR regulation
Scope: EEA
Legal matter: Consumer law
Basis: TFEU , in particular Article 114
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be used from: January 9, 2016
Reference: OJ L 165 of June 18, 2013, pp. 1-12
Full text Consolidated version (not official)
basic version
Regulation has entered into force and is applicable.
Please note the information on the current version of legal acts of the European Union !

The regulation on online dispute resolution in consumer matters ( ODR regulation , ODR-VO ) is a regulation of the European Union on alternative dispute resolution (AS) for electronic business transactions to promote growth and trust in the internal market.

The regulation has created an independent, impartial, transparent, effective, fast and fair out-of-court way to resolve disputes arising from the online cross-border sale of goods or the provision of services across the Union. This is intended to increase the confidence of consumers and businesses in cross-border electronic buying and selling. In the first year of operation, 24,000 consumers used the OS platform.

The regulation and directive 2013/11 / EU (ADR directive) complement each other.

Aim and purpose

The main objective of the regulation is to set up an OS platform (online dispute resolution platform) at Union level and to regulate cooperation with the national agencies for alternative dispute resolution (ADR agencies according to ADR).

scope

The regulation applies from 9 January 2016 for the out-of-court settlement of disputes (AS) in which consumers residing in the Union can take action against entrepreneurs established in the Union and vice versa. The prerequisite is that the dispute falls under Directive 2013/11 / EU of the European Parliament and of the Council of May 21, 2013 on the alternative settlement of consumer disputes (ADR Directive).

The regulation is not intended to apply to disputes between consumers and businesses that arise from sales or service contracts concluded offline, nor to disputes between businesses.

OS is not intended to replace legal proceedings and cannot be designed accordingly; moreover, it should not deprive consumers or businesses of the right to seek the enforcement of their rights in court. This Regulation should therefore in no way prevent parties from exercising their right of access to the judicial system.

OS platform

The online dispute settlement platform (OS platform) will build on the existing AS offices of the member states and respect the legal traditions of the member states.

The OS platform is an interactive website that represents a central point of contact for consumers and entrepreneurs who want to settle disputes arising from online legal transactions out of court. The OS platform offers general information on the out-of-court settlement of contractual disputes between consumers and entrepreneurs arising from online sales contracts and online service contracts. Consumers and entrepreneurs have the opportunity to submit complaints on this platform by completing an online form available in all the official languages ​​of the institutions of the Union and to attach relevant documents. The complaints are then forwarded via the platform to the AS office responsible for the dispute in question . The ODR platform provides a free electronic case management tool (...) which enables the ODR bodies to handle the dispute settlement procedure with the parties via the ODR platform . The AS offices are not obliged to use the case handling tool. More details on the design were published in the Implementing Regulation 2015/1051.

The OS platform was developed by the European Commission and is also operated by it. The Commission is responsible for all the translation functions required for the purposes of this regulation, as well as the maintenance, financing and data security of this platform . The OS platform must be designed to be user-friendly.

Function of the OS platform

The OS platform has the following functions:

  • Providing an electronic complaint form;
  • Informing the respondent about the complaint;
  • Determination of the responsible AD agency or AD agencies and submission of the complaint to the AD agency that the parties have agreed on in accordance with Article 9 of the Regulation;
  • Free provision of an electronic case management tool that enables the parties and the AD agency to conduct the dispute settlement procedure online via the OS platform;
  • Providing the parties and the AS agency with translations of the information required for dispute resolution and exchanged via the OS platform;
  • Providing an electronic form which the AD entities use to provide the information referred to in Article 10 (c) of the Regulation;
  • Provision of a feedback system through which the parties can comment on the functioning of the OS platform and the AS unit that processed their dispute;
  • Provision of information and statistical data.

The AS procedure itself is carried out by the competent dispute settlement body to which the OS platform has forwarded the complaint (Art. 9 (6) ODR-VO).

Duration of proceedings

In principle, a result of the procedure can be achieved within 90 calendar days of receipt of the complete complaint file by the AS office. In the case of highly complex disputes, the AS office entrusted with the settlement can extend the period of 90 calendar days at its own discretion. The parties are to be informed of any extension of this period and of the expected time until the dispute is settled .

Cost of the OS

The OS platform itself is a central point of contact for consumers and entrepreneurs, the use of which is free of charge.

If a complaint is forwarded to an AS unit via the OS platform, separate (national) procedural rules should apply with regard to the costs of this unit.

Online business

"Online sales contract or online service contract" (online business) within the meaning of the regulation covers sales or service contracts in which the entrepreneur or the entrepreneur's agent has offered goods or services via a website or other electronic means and the consumer has them Ordered goods or services on this website or by any other electronic means. This should also cover cases where the consumer accesses the website or other information society service using a mobile electronic device such as a mobile phone.

Consumer information

Entrepreneurs established in the Union who enter into online sales contracts or online service contracts and online marketplaces established in the Union must, if they have undertaken to do so or are legally obliged to do so, provide a link to the OS platform on their websites. This link must be easily accessible and clickable for consumers.

Sanctions

The penalties provided by the Member States of the Union in the event of a breach of the Regulation must be effective, proportionate and dissuasive.

Demarcation

The alternative dispute resolution for consumer disputes in online business is different from

  • State court proceedings , as no sovereign coercion can be exercised by any party involved . The agreement is voluntary and the proposal to solve the problem does not have to be accepted by either party,
  • the arbitration because the institutions of Alternative Dispute Resolution are provided for consumer disputes at online stores by the state and not the arbitral tribunal or the arbitrators themselves must be agreed or determined by the parties and must not be assumed that the proposal to solve the problem,
  • of mediation , as the participation of the entrepreneur on the alternative dispute resolution for consumer disputes at online shops is regularly mandatory, while the participants in principle voluntarily participate in mediation.

See also

Web links

Individual evidence

  1. ↑ See recital 3 of the regulation.
  2. ↑ Art. 1 of the regulation.
  3. ↑ The EU member states can also allow disputes between parties who are habitually resident in the same member state.
  4. ↑ See recitals 4, 7 and 8 of the regulation.
  5. ↑ Online trade and online dispute resolution (OS): 24,000 consumers used the new European platform in the first year , Commission press release of March 24, 2017.
  6. ↑ Recital 12 of the ADR Directive.
  7. ↑ See recital 18 of the regulation.
  8. ↑ See Art. 2 and Recitals 9 and 10 of the Regulation. However, complaints from entrepreneurs against consumers only if the procedures in question are offered by AS bodies that are included in a list in accordance with Article 20 (2) of Directive 2013/11 / EU.
  9. ↑ See recital 9 of the regulation.
  10. ↑ See recital 15 of the regulation.
  11. ↑ See Recital 26 of the Regulation: The right to an effective remedy and the right to a fair trial are among the Article 47 of the Charter of Fundamental Rights of the European Union enshrined fundamental rights .
  12. ↑ See recital 22 of the regulation.
  13. ↑ See recital 18 of the regulation.
  14. ↑ OJ. 2015 L 171, 1.
  15. ↑ Article 5 (1) of the regulation.
  16. ↑ Art. 5 Para. 4 of the regulation.
  17. ↑ Further details on the design were provided in the Implementing Regulation 2015/1051, ABl. 2015 L 171, 1, published.
  18. ↑ Article 10 letter a of the Regulation in conjunction with Article 8 letter e of the ADR Directive.
  19. ↑ Article 5 (2) of the regulation.
  20. ↑ See recital 22 of the regulation.
  21. ↑ See recital 14 of the regulation.
  22. ↑ Art. 14 of the regulation.
  23. ↑ Art. 18 of the regulation.