Changes on consumer code: ADR

With the publication in the Official Gazette n. 191 of 19 August 2015, the Legislative Decree 6 August 2015, n. 130, it has been transposed Directive 2013/11 / EU, which aims to contribute, by achieving a high level of consumer protection, to the proper functioning of the internal market.

The Directive aims to ensure that consumers can, on a voluntary basis, across borders, complain against professionals before entities offering independent, impartial, transparent, effective, prompt and fair alternative dispute resolution, in order to eliminate what it is now a barrier to the internal market.

The Directive, which should be read in conjunction with Regulation No. 5242013 of 21 May 2013, establishing a platform for online dispute resolution, applies to procedures for dispute resolution, national and cross-border, concerning contractual obligations arising from contracts of sale or service of professionals established in the Union, and consumers living in the Union, through the intervention of an alternative dispute resolution (ADR), who proposes or imposes a solution or brings the parties together in order to facilitate an amicable solution.

The rules laid down by the directive takes precedence over any other European rules related to alternative dispute resolution, with the exception of the Directive. 2008/52 / EU, implemented in Italy by Legislative Decree n. 28 of 2010.

The directive uses the term "professional" to mean any person (natural or legal, private or public) acting in connection with a trade, business, craft or profession.

"ADR" are all those organisms, set up on a permanent basis, which offer the possibility of using extra-judicial procedures for settling disputes, in accordance with the requirements which is provided with reservation on the list.