BAKGRUNN (fra kommisjonsrekommandasjonen)

(1) Directive 2013/11/EU of the European Parliament and of the Council ensures that consumers within the Union have access to high quality alternative dispute resolution (‘ADR’) procedures to resolve contractual disputes arising from the sale of goods or services by traders established in the Union to consumers resident in the Union.

(2) The recent evaluation of that Directive concluded that an increasing number of consumers are using online marketplaces to purchase goods and services and have recourse to dispute resolution procedures, provided by those online marketplaces as part of their services. Such dispute resolution procedures are not regulated by Directive 2013/11/EU and their fairness can therefore not be ascertained. In order to ensure that consumers using such dispute resolution procedures are treated fairly and with the highest level of professional diligence, it is recommended that such procedures adopt the relevant quality criteria set in Directive 2013/11/EU.

(3) The evaluation of Directive 2013/11/EU also revealed that cross-border ADR procedures are rarely used due to the numerous barriers that exist when using those procedures in cross-border context. Certain trade associations do provide cross-border dispute resolution systems that are not linked to specific national ADR procedures. In order to provide a consistent level of protection to consumers, it should be recommended that those trade associations comply to the extent possible with the relevant quality criteria in Directive 2013/11/EU.

(4) Online marketplaces and trade associations which provide dispute resolution procedures as part of their services should inform the consumers and traders of the main characteristics of such procedures prior to the start of a procedure, so that the parties can decide whether or not to pursue their dispute through such means. Moreover, those online marketplaces and trade associations should regularly publish reports with a self-assessment of their procedures, as regards their compliance with the requirements hereby recommended. When automated procedures are used to resolve disputes, this should be made public and consumers and traders should be allowed to require that the outcome of the procedure is reviewed by a natural person,