Online Dispute Resolution: a new tool in favor of european consumers

Online Dispute ResolutionFrom January 9, 2016 has been operating the new platform for alternative dispute resolution desired by the European Commission and designed to represent for consumers and traders a single point of access to the alternative dispute resolution online, by recognized organ

From January 9, 2016 has been operating the new platform for alternative dispute resolution desired by the European Commission and designed to represent for consumers and traders a single point of access to the alternative dispute resolution online, by recognized organizations such as ADRs by the competent national authorities and, as such, be notified to the EU Commission Reg. No EU. 524/2013 – Reg. On consumer ODR). In this platform, however, consumers and professionals can access it only from 15 February 2016 from address http://ec.europa.eu/consumers/odr/.
The ODR platform, specifically, is nothing more than an interactive website that offers consumers and professionals a quick and free electronic access in all official languages ​​of the EU institutions, through which you can submit to the competent ADR the CD. “Complaint telematics”: an “electronic complaint form”, which must then be submitted to the ODR platform.
The Regulation no. 2013/524 / EU, and also to the EU Regulation. 2015/1051/EU, one dealing with the “online dispute resolution for consumers” and “procedures for the exercise of the functions of the platform of online dispute resolution and the characteristics of the electronic module”, alongside the Directive 2013/11/EU of 21 May 2013 on the alternative resolution of consumer disputes (cd. Directive on ADR – Alternative Dispute Resolution – for consumers).
This Directive ADR, in view of a greater development in the EU of alternative dispute resolution procedures, establishes the minimum harmonization in the field of ADR entities and of ADR procedures in order to ensure that consumers have access to transparent mechanisms, effective , equitable and high-quality.
The ADR Directive was implemented by Legislative Decree. N. 130 of 6 August 2015, already entered into force on 3 September, which modified the Consumer Code, introducing a new Title II-bis, entitled “Alternative Dispute Resolution”, in which it was replaced Article . 141 and we have been introduced to Articles 141-bis to 141decies.
The ADR procedure has the following characteristics (cfr. Art. 141-c cod. Rec.):
(I) voluntariness: the procedure may be brought online and offline to both parties;
(Ii) may not require assistance of a lawyer;
(Iii) gratuity or payment of a minimal fee to cover expenses incurred by the institution;
(Iv) speed: the procedure for resolving the dispute lasts more than 90 days from receipt by the ADR entity, the full file of all documentation requested by the contracting entity and, in the case of no requirement for legal assistance is You can extend the period up to a maximum of ninety days.
(V) alternative nature: process analysis stands as a simple alternative to the procedures provided for by other provisions of law providing for mandatory mechanisms of dispute resolution, such as, but not limited to, the Legislative Decree. N. 28/2010 on mediation to resolve civil and commercial disputes; Law no. 249/1997, which regulates a mandatory settlement for the electronic communications sector; Law no. 481/1995 where there is a mechanism of conciliation in matters covered by the Authority for Electricity, gas and water system.
Under the new legislation, the ADR entity may operate in two different modes: organizing a meeting between the parties in order to facilitate an amicable settlement of the dispute or promoting a solution to the conflict existing between the consumer and the professional.

The legislature does not impose additional conditions to the proceedings, which will be governed by the rules contained in the Regulation by the ADR entity selected by the consumer.

It remains still the consumer’s right of appeal to the ordinary courts competent whatever the outcome of the procedure of court settlement of the dispute (see. Art. 141, paragraph 10 of the Consumer Code).

For the information and assistance to be given to consumers (cfr. Art. 141-e), the professional who makes a commitment to use one or more ADR is required to provide information to consumers about the ADR chosen. Are rooted in the provisions designed to encourage the widest possible dissemination of information on ADRs registered on the list maintained by the European Commission, through the competition of the same virtuous ADR entities, European networks, the competent authorities and consumer groups.

An important role was then given to the National Centre of the European network for consumers (ECC-Net) to assist consumers in accessing the ADR entity operating in another Member State and who is competent to deal with their cross-border dispute.

The new institute ADR shines particularly for originality. In fact there are strong similarities with the institute of mediation, from which it differs: a) by not requiring the assistance of a lawyer as is foreseen in the Decree. N. 28/2010; b) the use of mediation before a competent ADR entity is not a condition of admissibility of a subsequent and possible legal proceedings; c) the agreement between the parties the outcome of the ADR procedure not be enforceable by the enforcement of a law certain, fixed and due.

Therefore, as the more sustained, the intent of this new discipline seems to be only to “groped degiurisdizionalizzare of disputes between consumers and traders that now fill the classrooms of our courts and/or the courts of peace.”

izations such as ADRs by the competent national authorities and, as such, be notified to the EU Commission Reg. No EU. 524/2013 – Reg. On consumer ODR). In this platform, however, consumers and professionals can access it only from 15 February 2016 from address http://ec.europa.eu/consumers/odr/.
The ODR platform, specifically, is nothing more than an interactive website that offers consumers and professionals a quick and free electronic access in all official languages ​​of the EU institutions, through which you can submit to the competent ADR the CD. “Complaint telematics”: an “electronic complaint form”, which must then be submitted to the ODR platform.
The Regulation no. 2013/524 / EU, and also to the EU Regulation. 2015/1051 / EU, one dealing with the “online dispute resolution for consumers” and “procedures for the exercise of the functions of the platform of online dispute resolution and the characteristics of the electronic module”, alongside the Directive 2013/11 / EU of 21 May 2013 on the alternative resolution of consumer disputes (cd. Directive on ADR – Alternative Dispute Resolution – for consumers).
This Directive ADR, in view of a greater development in the EU of alternative dispute resolution procedures, establishes the minimum harmonization in the field of ADR entities and of ADR procedures in order to ensure that consumers have access to transparent mechanisms, effective , equitable and high-quality.
The ADR Directive was implemented by Legislative Decree. N. 130 of 6 August 2015, already entered into force on 3 September, which modified the Consumer Code, introducing a new Title II-bis, entitled “Alternative Dispute Resolution”, in which it was replaced Article . 141 and we have been introduced to Articles 141-bis to 141decies.
The ADR procedure has the following characteristics (cfr. Art. 141-c cod. Rec.):
(I) voluntariness: the procedure may be brought online and offline to both parties;
(Ii) may not require assistance of a lawyer;
(Iii) gratuity or payment of a minimal fee to cover expenses incurred by the institution;
(Iv) speed: the procedure for resolving the dispute lasts more than 90 days from receipt by the ADR entity, the full file of all documentation requested by the contracting entity and, in the case of no requirement for legal assistance is You can extend the period up to a maximum of ninety days.
(V) alternative nature: process analysis stands as a simple alternative to the procedures provided for by other provisions of law providing for mandatory mechanisms of dispute resolution, such as, but not limited to, the Legislative Decree. N. 28/2010 on mediation to resolve civil and commercial disputes; Law no. 249/1997, which regulates a mandatory settlement for the electronic communications sector; Law no. 481/1995 where there is a mechanism of conciliation in matters covered by the Authority for Electricity, gas and water system.
Under the new legislation, the ADR entity may operate in two different modes: organizing a meeting between the parties in order to facilitate an amicable settlement of the dispute or promoting a solution to the conflict existing between the consumer and the professional.

The legislature does not impose additional conditions to the proceedings, which will be governed by the rules contained in the Regulation by the ADR entity selected by the consumer.

It remains still the consumer’s right of appeal to the ordinary courts competent whatever the outcome of the procedure of court settlement of the dispute (see. Art. 141, paragraph 10 of the Consumer Code).

For the information and assistance to be given to consumers (cfr. Art. 141-e), the professional who makes a commitment to use one or more ADR is required to provide information to consumers about the ADR chosen. Are rooted in the provisions designed to encourage the widest possible dissemination of information on ADRs registered on the list maintained by the European Commission, through the competition of the same virtuous ADR entities, European networks, the competent authorities and consumer groups.

An important role was then given to the National Centre of the European network for consumers (ECC-Net) to assist consumers in accessing the ADR entity operating in another Member State and who is competent to deal with their cross-border dispute.

The new institute ADR shines particularly for originality. In fact there are strong similarities with the institute of mediation, from which it differs: a) by not requiring the assistance of a lawyer as is foreseen in the Decree. N. 28/2010; b) the use of mediation before a competent ADR entity is not a condition of admissibility of a subsequent and possible legal proceedings; c) the agreement between the parties the outcome of the ADR procedure not be enforceable by the enforcement of a law certain, fixed and due.

Therefore, as the more sustained, the intent of this new discipline seems to be only to “groped degiurisdizionalizzare of disputes between consumers and traders that now fill the classrooms of our courts and / or the courts of peace.”

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