European Economic
and Social Committee
Alternative dispute resolution for consumer disputes
Key points:
The EESC:
- is pleased that the Commission has prepared a coherent legal instrument on ADR;
- recommends a creation of a "European compliance mark";
- takes note of the option allowing for ADR procedures to cover collective disputes, but at the same time restates its view that there is an urgent need for a harmonised judicial instrument for EU-level group action;
- is reluctant to agree that these mechanisms should also cover complaints from traders against consumers;
- recommends that this proposal contain a text on the clear prevalence of the right of access to justice, according to which ADR is not a replacement of the courts, but rather a complementary means of dispute settlement;
- recommends that the issue of funding be addressed explicitly and head-on;
- proposes a number of improvements to the text in order to make some requirements clearer and less ambiguous and their provisions more effective.
Previous EESC opinions:
- Opinions on Consumers theme
- Consumer rights, CESE 1190/2009 (INT/464)
- Alternative dispute resolution, CESE 1349/2002 (INT/148)
For more information please contact the INT Section Secretariat