EurActiv Logo
EU news & policy debates
- across languages -
Click here for EU news »
EurActiv.com Network

BROWSE ALL SECTIONS

Commission seeks stronger consumer complaints process

Printer-friendly version
Send by email
Published 30 November 2011, updated 01 December 2011

The European Commission unveiled proposals yesterday (29 November) intended to make it easier for consumers who shop anywhere in the EU – including online – to file complaints against manufacturers without going to court.

John Dalli, commissioner for health and consumer policy, said the proposals would reassure people that warranties and rights are valid everywhere in the EU when they buy products in person or online.

“Low confidence is hurting the recovery of the European economy, which is now Europe's primary goal,” Dalli told a news conference after the EU executive agreed the measures.

“We contribute to increasing confidence by providing European consumers and businesses with a real alternative which is easier, faster and cheaper than courts,” he said.

The measures face approval from both the European Parliament and national leaders, and it could be 2015 before they are in place.

If the Alternative Dispute Resolution Directive is approved, EU countries would have to provide out-of-court arbiters, ombudsmen or consumer boards to help handle disputes. The Commission also proposes an EU-wide online platform that would allow consumers to file complaints in their own language against a company or service in another nation.

The Commission has previously recommended that national governments provide out-of-court alternatives for consumers, and most countries have enacted laws, although the provisions are not uniform. Neither Slovenia nor Slovakia has alternative dispute resolution for consumers, Dalli said, while several Baltic and Nordic countries have strong arbitration systems.

“The time has come to legislate,” he said, referring to the need for strengthening out-of-court resolution across the EU.

In June, the European Parliament approved a Consumer Rights Directive designed to strengthen refund rights, increase price transparency, eliminate surcharges on credit cards and address complaints about goods or services purchased over the Internet. The law takes effect in 2013.

That proposal faced strong opposition from small businesses that feared the legislation would increase their administrative burdens.

But Dalli says the new consumer legislation will could save consumers €22.5 billion and businesses €3 billion each year by settling disputes outside the courtroom.

The Commission estimates that in 2010, 100 million Europeans – one-fifth the EU population – had problems with fraudulent sales or faulty products in the common market.

Positions: 

Consumer rights advocates hailed the Commission's proposals for alternative dispute resolution, or ADR.

"The major reasons people don’t buy across borders within the EU are fears about fraud, what to do if problems arise and worries about delivery,” Monique Goyens, director-general of the European Consumers' Organisation (BEUC), said in a statement. “ADR is valuable in helping consumers for when purchases and services go wrong, also in cross-border situations.”

“There has been a long-standing need for the EU to enhance consumer confidence in these difficult times of economic crisis. So we hope this reflects a growing realisation among EU policy-makers,” Goyens said.

Conservative MEPs also welcomed the Commission's proposals.

MEP Malcolm Harbour, chairman of the European Parliament's Internal Market and Consumer Protection Committee, said: "Cross-border customers, particularly those using e-commerce, want their rights to be honoured if they find themselves dissatisfied. These measures should reassure them. They will get redress for unacceptable goods or service. Problems will be dealt with simply and cheaply, without long and complicated legal action. "That should be good for customers and good for trade."

BusinessEurope says the advantage of alternative dispute resolution is that it is less costly, simple and efficient. Philippe de Buck, director-general of the industry group, said: "The potential impact of ADRs has been underestimated so far. They are a win-win solution for both businesses and consumers. The adoption of these proposals is an important step to strengthen consumer confidence  which is a driver for growth and jobs."

Richard Lloyd, executive director of the British consumers group Which?​, said the biggest barrier to UK consumers buying from EU retailers "is the fear that there's nowhere to turn if something goes wrong.

“Improving access to alternative dispute resolution services would address that fear, enabling consumers to tackle disputes with traders however and wherever they buy in the EU."

Next steps: 
  • 2012: Debate in Parliament on the proposed Alternative Dispute Resolution Directive.
  • Mid-2014: Out-of-court arbitration options would be available everywhere in the EU.
  • Mid-2015: Online complaint platform would be operational in all 27 nations.
Timothy Spence
Background: 

The European Commission issued recommendations in 1998 and 2001 outlining Union-wide principles on out-of-court alternative dispute resolution, or ADR. Although widely adopted into national laws, the rules are far from uniform.

The Commission now seeks an EU standards so that businesses and individuals who buy products or services in another country have the same rights and access to file consumer complaints through third-party ombudsman or arbitration boards.

Advocates say the protections would have several benefits: it would reduce the costs and time involved in complaints now handled in court; it would encourage transnational commerce; and it would help combat fraud.

Currently, EU buyers can seek information on their rights through the European Consumers Centres Network.

More on this topic

More in this section

Advertising

Sponsors

Videos

Video General News

Euractiv Sidebar Video Player for use in section aware blocks.

Video Consumers Promoted

Euractiv Sidebar Video Player for use in section aware blocks.

Advertising

Advertising