The Decree of 30 October 2015 on the mediation of consumer disputes was published in the Official Journal “Laws and Decrees”. It follows the order on alternative dispute resolution for consumer disputes which was published in the Official Journal “Laws and Decrees” of 21 August. It represents the transposition of Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013, called the ADR (Alternative Dispute Resolution) Directive. »
It should be recalled that the purpose of the ADR directive concerns “the alternative resolution of disputes between traders and consumers arising from contracts of sale of goods or provision of services. »
The law “enacting various provisions to adapt legislation to European Law in economic and financial matters”, adopted on 30 December 2014, authorized the Government to take, by means of an order, measures in the field of law necessary for the transposition of the Directive.
The order aimed to achieve four main objectives:
“– coverage of all professional sectors by mechanisms to settle consumer disputes out of court;
– ensure procedures to meet quality requirements in terms of accessibility, competence, impartiality, transparency, effectiveness and fairness;
– ensure a strict assessment by one or more public authorities of the conditions under which the alternative dispute resolution mechanisms for consumer disputes function. These authorities are also responsible for reporting a list of the entities tasked with alternative dispute resolution for consumer disputes to the European Commission;
– Information and assistance to consumers enabling them to access these procedures effectively. »
Please see below for the Order on alternative dispute resolution for consumer disputes and Decree No. 2015-1382 of 30 October 2015 on the mediation of consumer disputes.
Order related to alternative dispute resolution for consumer disputes.
“Consumer Mediation” decree published in the Official Journal on 31 October.