Advanced Search

Notice Of Approval Of Private Dispute Resolution Bodies

Original Language Title: Bekendtgørelse om godkendelse af private tvistløsningsorganer

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Table of Contents
Chapter 1 Scope
Chapter 2 Approval requirements
Chapter 3 Composition of the dispute resolution body
Chapter 4 Mediation
Chapter 5 Information requirements for complaints lodged via the OTB Platform, cf. Regulation No 524/2013 of 21. May 2013
Chapter 6 Annual report and information requirements etc.
Chapter 7 Graduations and resolution of the dispute resolution bodies
Chapter 8 Entry into force and transitional provisions

Publication of the approval of private dispute settlement bodies

In accordance with section 6 (4), Three, in the law. 524 of 29. April 2015 on alternative dispute resolution in the context of consumer complaints (the consumer complaint) is hereby established :

Chapter 1

Scope

§ 1. The decision shall lay down detailed rules on conditions to be met by private dispute settlement bodies in order to be approved in accordance with the rules of the consumer's complaint.

General Terms of Approval

§ 2. Private dispute settlement bodies dealing with complaints from consumers over operators in a particular area of competence covered by the consumer complaint may apply for the approval of the business and growth minister.

Paragraph 2. A private dispute settlement body shall be set up by organisations representing the interests of business and consumers in the area concerned. A private dispute settlement body must be based on a business-based approach to be approved.

§ 3. Approval shall be granted for a three-year period, but may be time limited and revoked if the conditions for approval are no longer present.

Paragraph 2. Approval shall mean that the dispute settlement body shall be registered on the official list of alternative dispute resolution bodies covered by the law, which the Erk and VA is notified to the European Commission pursuant to Article 4 (2). Three, in the consumer complaint. A dispute resolution body registered in the list will be covered by the OTB Regulation (Regulation No 2). 524/2013 of 21. May 2013).

Content and delivery of the application

§ 4. An application for approval as a private dispute settlement body shall be submitted to the Competition and Consumer Protection Agency. The application must be submitted by the founding and consumer organisations in the founding of the business. The application must be attached to the Staff Regulations containing provisions for the dispute resolution body which satisfies the requirements of Chapter 2-8.

Paragraph 2. The application shall include the following :

1) Name and contact information of the dispute solution body, including email address and web address.

2) Information on the structure and funding of the dispute settlement body and, to the extent that the information is available at the time of the application, information on the persons involved in the decision of the members of the dispute resolution body (s), how they are members of the dispute resolution body (s). remuneration, and whom they are employed or appointed.

3) Any fees for consumers and traders and the basis for calculating the basis for this, cf. $26 and section 27.

5) The average case-processing time of the Tviestor, if it is known at the time of the application.

6) The language of the complaint and case documents can be submitted and the language in which case processing is carried out.

7) The deviation reasons, cf. Article 16 (4) of the Consumer Draft. 2, for which the dispute resolution body wishes to make use of.

Paragraph 3. If the founding organisations of the Dispute Body of the Dispute Body wish to include the application of the dispute resolution body to the dispute resolution body, this must be explicitly stated in the application and in addition to the provisions of the Staff Regulations comply with the conditions of Chapter 4.

§ 5. If any changes to the information referred to in section 4 are to be made during the approval period, the dispute resolution body shall inform the Competitive and Consumer Management Board without undue delay.

Chapter 2

Approval requirements

Casuing and competent jurisdiction

§ 6. The tenets of the competence must be laid down in the statutes, and it must be clear which goods or services can relate to which traders can be directed at and who can lodge a complaint. If traders may also lodge a complaint, provided that the complaint does not differ significantly from the consumer, it must also be stated in the articles of association.

Paragraph 2. A private dispute settlement body shall, as a basis, treat complaints about all operators in the area concerned, irrespective of the organizational affinity of the business community. In addition, a private dispute settlement body will have to deal with both national and cross-border disputes.

Paragraph 3. The Minister ' s and Growth Minister may agree that the price of goods or services or that the disputed amount to which the complaint relates shall be below or above a certain threshold for a complaint to be lodged for a purpose ; Private Dispute Resolution Body. Such thresholds are hereby approved in a practical assessment of the fairness of the monetary limit, where particular emphasis is paid in particular to the fact that the non-impact of consumers is not deteriorated significantly.

Rejection of appeal cases

§ 7. Access to refusal of complaints following the consumer complaint's section 16 (4). 2, must not significantly degrade consumers ' access to redress.

§ 8. If it is doubtless that the matter falls outside the competence of the private dispute resolution body, the secretariat of the dispute settlement body may reject the complaint. Such a decision shall be able to be possible for the dispute resolution body on the consumer ' s request.

Paragraph 2. The founding organizations may designate the chairman of the dispute resolution body to refuse cases which are not deemed appropriate for the handling of the dispute resolution by virtue of the consumer-Clause section 16 (4). 2.

Paragraph 3. Rejection must be given and the consumer must be informed about the possibility of bringing justice to justice and in order to seek a free process. In addition, when relevant, the consumer must be informed that the limitation of the claim may be obsolescence if the case is not brought before the courts no later than one year after the refusal.

Chapter 3

Composition of the dispute resolution body

§ 9. A private dispute settlement body shall consist of a foreman, and possibly one or more Vice-Presidents, who are judges, as well as an equal number of representatives of consumer and business interests. A Vice-President has the same powers as the President-in-Office of the Commission.

Paragraph 2. The President and representatives shall be appointed by the founding organizations for a three-year period, with the possibility of re-appointment.

Secretarial tasks of the secretarial

§ 10. A private dispute settlement body shall be associated with a secretariat, independent of the founding organizations.

§ 11. The secretariat shall have the task of responding to written, telephone or personal inquiries to the dispute resolution body and prepare the appeal proceedings for the handling of the dispute resolution body. A complaint must be made available electronically and, if electronic means of appeal is not possible or reasonable, Mail. Clause may be made for the appeal to be submitted on a form drawn up by the Secretariat.

§ 12. Complainant storage consigned to the dispute resolution body, but which fall within the scope of another approved private dispute settlement body, under Competition and Consumer Management or a statutory dispute resolution body covered by the consumer complaint, shall be forwarded by : the secretariat. This complaint shall not be referred to in a dispute resolution body, as specified in 1. ., the consumer may be referred to as a case by the general courts. The consumer is informed in such a case of the possibility of legal aid and the free process.

§ 13. Before commencement of proceedings, the consumer must be informed that the appeal at any time may be recalled, after which the case is terminated. The dispute resolution body shall not be obliged to repay the appeal fee if the consumer is withdrawing the complaint.

§ 14. The Parties must inform the Parties in writing as soon as possible in writing that they are not required to use a lawyer or legal adviser, but that they can seek independent advice or to represent or assist third parties in all stages of the procedure. In addition, the Parties must be guided by the guidance given that the examination by the board does not exclude the possibility of a judicial review.

§ 15. The secretariat shall forward the consumer ' s complaint to the operator for the opinion. When the secretariat has received a reply from the operator, this shall be submitted to the consumer for the opinion. The secretariat shall provide for the information and the provision of its own operation the necessary legal and actual basis of the decision. The secretariat shall ensure that each of the parties is informed of the information obtained from the counterpart, which is of relevance to the decision of the case, and to any written expert statements obtained by the Secretariat. The secretariat shall, where necessary, guide the parties to their legal position.

Paragraph 2. The secretariat shall provide a reasonable time limit for the parties to make the aforementioned statements. A deadline must be at least 14 calendar days. The period shall be taken from the date of the submission of a request to the Parties to the Parties for a statement. If the operator or the consumer has not made an opinion before the deadline expires, the secretariat may submit the matter to the dispute resolution body which may decide to take a decision on the basis on which it is available.

Paragraph 3. Where all documents relating to the relevant information have been received, including any expert declarations, the Parties shall forthwith be communicated to the Parties.

Paragraph 4. The secretariat may apply the case between the parties concerned. In the case of the conciliation procedure, the matter shall be indicated that the matter has been processed by the Secretariat and that it may be required to submit the dispute resolution body.

Paragraph 5. The secretariat shall, at each meeting of the dispute settlement body, present a summary of the cases where the proceedings have been concluded since the end of the meeting, with the participation of the secretariat and a brief indication of the content of the act.

Paragraph 6. The secretariat shall close the case if, during the preparation of the case, the operator meets the requirements of the consumer, as is the case where the consumer is discarded from its complaint.

Paragraph 7. The secretariat shall submit cases which have not been completed during the preparatory secretarial treatment for the dispute resolution body.

Hability

§ 16. For the members of the dispute resolution body, the secretariat and experts shall be :

1) they may not receive instructions from either party or their representatives ; and

2) the remuneration must be carried out in a manner that is not linked to the outcome of the procedure.

Paragraph 2. In addition, the Secretariat shall apply to the appointment of a term of office, sufficient to ensure that the secretariat acts independently and is not in danger of being released for no valid reason.

§ 17. No one may participate in the treatment of a case when :

1) they themselves have a particular personal or economic interest in the case of the case or earlier in the case of the same case, in the case of someone who has such an interest ;

2) their spouse, related or conjured up or descending lines or in the sidelines as near as any sidebar or any other nearby has a particular personal or economic interest in the outcome of the case, or is the representative of any person who : have such an interest, or

3) In any case, there are circumstances that are suitable for questioning the impartiality of their comments.

Paragraph 2. Prevention one of the points referred to in paragraph 1. In this respect, the President shall be informed forthwith, and then decide on whether or not the person concerned may participate in the proceedings.

Decisions of the dispute resolution body

§ 18. The dispute resolution body shall take a decision in the individual cases at a general majority meeting. When the dispute resolution body takes a decision, it shall consist of a President and at least two members elected by representatives of consumer and business interests, so that the latter is equally represented. If a dispute resolution body representing the business or consumer interests is prevented from taking part in a meeting, this member shall vote for any other present dispute settlement body representing the same Member State, interests.

Paragraph 2. A representative of the Competition and Consumer Management Board shall have, at all times, without voting rights to participate in meetings of the dispute resolution body.

Paragraph 3. The dispute resolution body meets an appropriate number of times a year so that the deadlines for the section 17 and section 18 of the Consumer Draft are complied with.

§ 19. The dispute settlement body shall decide on the basis of the secretariat, including questions concerning the payment of fees and costs, cf. $26 and section 27.

Paragraph 2. Experts may be called to the dispute settlement body, as well as the parties may be referred to in cases where special circumstances are specified.

Paragraph 3. The decision shall be taken in accordance with a legal evaluation of the circumstances.

20. Decisions must be justified and must be issued in writing in a lasting media. It has to be stated which President has contributed to the decision. A period of normally 30 calendar days shall be fixed in respect of the decision to be fulfilled. If special circumstances within the competence of a dispute resolution body are attributed to it, the starting point of 2 may be the basis for which it is based. Act. depart.

Paragraph 2. If a decision is based on a majority decision, the minority must in the decision justify its position.

Paragraph 3. If the appeal fee is to be repaid, cf. Section 26 shall state this in the decision.

Paragraph 4. If the trader is to pay a amount for the processing of the case, cf. § 25 and § 27, this must be stated in the decision.

§ 21. Both parties must be informed of the possibility of bringing the case to the courts and, where appropriate, be guided by the possibility of enforcing enforcement and the possibility of resumption. The consumer must also, where appropriate, be informed of :

1) access to competition for the consumer and the consumer to subpoena on behalf of the consumer, and to cover certain costs for a trial,

2) the opportunities for legal assistance or the coverage of the case costs through possible legal expenses insurance, and

3) the limitation of the requirement if the case is not brought before the courts no later than one year following the decision of the dispute resolution body.

§ 22. On behalf of the founding organisations, the chairman shall be able to take decisions on behalf of the dispute resolution body, in certain complaints cases where a fixed practice has been established.

-23. The Competition and Consumer Management Board may, at any time, request a copy of the decision of the private dispute resolution body, including its rejections.

Recording

§ 24. The chairman of a private dispute resolution body may decide that a case in which a decision has been taken must be resumed for specific reasons, in particular in the case of :

1) lawfully departmented by a party which has not spoken in the case, or

2) new information which, if carried out during the procedure in the dispute resolution body, may be assumed to have resulted in a different outcome to the case.

Paragraph 2. A request made by the operator to resume the appeal proceedings submitted in writing to the dispute resolution body before 30 calendar days of the decision shall be taken into effect. The period of 30 calendar days shall then be taken from the date on which the request for resumption has been rejected or where the dispute resolution body has taken a decision in the recitals.

Paragraph 3. Requests for resumption made by the trader later than 30 calendar days after the service are rejected.

Fees and Costs

§ 25. None of the parties shall pay costs for the dispute solution processing to the other party. A dispute resolution body which does not have access to charges on fees pursuant to Article 27 may have approved provisions for an operator to be liable to reimburse or hold expenses for e.g. expert statements which are : for the processing of the case.

SECTION 26. It is for the treatment of a complaint by a private dispute settlement body possible to fix a small fee for which the consumer must pay. The amount of the fees shall be fixed in the case of the approval.

Paragraph 2. In setting the fee, particular attention shall be paid to any existing charges, the operating costs of the dispute settlement agency and whether the dispute settlement body also wants to use the media, and in this respect, a fee shall also be charged, cf. § 34.

Paragraph 3. The fee shall be repaid to the consumer if the consumer is to be provided with in the complaint, if the appeal is made to the consumer's benefit or if the case is rejected in accordance with the provisions of the consumer complaint section 16.

Paragraph 4. A private dispute resolution body emploing experts in the context of the dispute settlement procedure may be approved by a consumer that a consumer shall pay a small amount of money for the full or partial coverage of these expenditure. A consumer may be charged only to pay such an amount if :

1) the case object has a high value,

2) a qualified expert has been used in the specific case, and

3) The consumer has not been given a meddle in the complaint.

Paragraph 5. The amount referred to in paragraph 1. 4 shall be determined on the basis of the information provided by the dispute resolution body on the average cost of experts. The amount of the amount is based on a specific assessment, where, inter alia, the emphasis on the average value of the case by the dispute settlement body concerned shall be added, inter alia.

§ 27. A dispute settlement body may have approved fees for which a trader should pay for handling the case, if :

1) the consumer shall have a joint appeal, or

2) The matter is being made to the consumer's advantage.

Paragraph 2. The fees shall be determined on the basis of the information provided by the dispute resolution body estimate the cost of the sageons.

Paragraph 3. It will be possible to charge higher amounts for traders that do not contribute to the operation of the dispute resolution body.

Paragraph 4. Where the amount is determined pursuant to paragraph 1. 2-3 not paid by the trader shall be able to be recovered by the Clause Act of Clause 10 and 11, cf. no. 30 of the Annex 1 of the Law shall be fixed as the standard amount, which shall be notified to the operator already at the beginning of the case.

Chapter 4

Mediation

§ 28. A dispute resolution body which, as a possible solution to a dispute, within the competence of the dispute resolution body, also wishes to offer mediation, must fulfil the conditions laid down in this chapter.

§ 29. The medications must be made by people who have the necessary knowledge and competence in the field of alternative dispute resolution and consumer rights.

Paragraph 2. It's a prerequisite for the people.

1) has been designated as a mandate for a duration sufficient to ensure that they act independently and that they are not in danger of being discharged for no valid reason,

2) do not receive instructions from any of the parties or their representatives ;

3) be paid in a manner that is not linked to the outcome of the procedure, and

4) without undue delay, the dispute resolution body shall inform the body of the dispute or may be construed as impacting their independence and impartiality or giving rise to a conflict of interests with one of the parties to the dispute ; settle.

Paragraph 3. § 17, paragraph 1. 1 shall apply mutatis mutis.

Paragraph 4. If one of the items referred to in paragraph 1 2 or paragraph 1. In this case, the person concerned must be replaced by another person, or, alternatively, the consumer must propose that the appeal proceedings be submitted to the dispute settlement body.

Paragraph 5. Persons making mediation must have a separate and specific budget that is sufficient to carry out their duties at their disposal.

-$30. The relationship is carried out on the basis of the parties ' information.

Paragraph 2. During the media, it is ensured that each of the parties is informed by the counterpart, which may be considered to be important for the cause and that the parties are given reasonable time limits to make their views available.

Paragraph 3. sections 12, 13 and 14 shall apply mutatis muth to the mediations.

Paragraph 4. The parties shall be informed without undue delay when all documents with the relevant information are received.

Paragraph 5. The Parties shall be weighted on any limitation periods where appropriate.

§ 31. The media must attach particular importance to the weighing of the general rules in this area and on the practices of the dispute resolution body.

Paragraph 2. During the media, both parties and the mediator may propose a concrete solution to the case.

Paragraph 3. The Parties must ensure a reasonable period of reflection to assess whether or not they will accept or reject an amicable solution and be informed of :

1) that they can choose whether to accept the solution,

2) participation in the procedure does not preclude the possibility of a judicial review or an examination by the dispute settlement body,

3) the proposed solution may derogate from the outcome of a court exercise, and

4) the legal implications of a proposed solution or an amicable agreement.

§ 32. The results of the media shall be communicated in writing to the Parties in writing in a lasting media and shall be accompanied by a justification for the results of the mediation and the effect of this product.

§ 33. A consumer must have reasonable time to present a case in which the media has not been successful, for the private dispute settlement body.

Fees for media aton

§ 34. In the case of a complaint by a private dispute settlement body, the dispute resolution body may charge a symbolic fee of the consumer. The size of the fees shall be approved on the basis of a specific assessment of the overall expenditure of the dispute resolution body. The fee may be at a maximum of 100 kr.

Chapter 5

Information requirements for complaints lodged via the OTB Platform, cf. Regulation No 524/2013 of 21. May 2013

$35. A private dispute settlement body which has received a complaint via the OTB Platform shall inform the parties and the OTB Platform as soon as to whether the appeal is accepted or rejected in accordance with section 14, 15 or 16 of the consumer-Draft.

Paragraph 2. If the appeal is accepted for processing, cf. paragraph 1, at the same time, the Parties shall at the same time be informed of the procedural rules of the dispute settlement body and of any costs incurred pursuant to section 26 and section 27.

Paragraph 3. A private dispute settlement body which has accepted the processing of a complaint received via the OTB platform shall immediately, where the case is fully informed, cf. at Article 18 (2) of the Consumer Draft. 2, inform the Parties and the OTB Platform for this.

Paragraph 4. A private dispute settlement body that received a complaint via the OTB platform shall immediately inform the OTB of the date of receipt and the end of the complaint, as well as the outcome of the proceedings.

§ 36. A private dispute settlement body shall be linked to its website link to the European Commission's list of ATB bodies, cf. Article 20 (2), 4, in the scope of the European Parliament and of the Council on alternative dispute settlement procedures in the field of consumer disputes and, where appropriate, shall publish the list in a lasting media in the rooms of the dispute settlement body.

Chapter 6

Annual report and information requirements etc.

§ 37. A private dispute settlement body shall draw up an annual report on activities carried out over the past year and the administration, by the way. The annual report shall include information on :

1) the number of complaints received and the type of dispute relating to the complaints concerned have been concerned ;

2) the percentage of cases set before a result has been reached,

3) the average case processing time,

4) systematic or significant problems that occur frequently and lead to disputes between consumers and operators. Such information may be accompanied by references to how such problems can be avoided or resolved,

5) the number of complaints rejected, including the percentage of rejected complaints against each of the deviation options given by the dispute resolution body,

6) the proportion of cases in which the consumer has received a co-hold,

7) to the extent to which decisions are to be complied with if this is known ; and

8) information on possible participation in networks cooperating on cross-border disputes, and an assessment of the effectiveness of this.

Paragraph 2. The dispute resolution body shall report annually to Competition and Consumer Management.

Information to be confidential

§ 38. The dispute resolution body shall establish and update a home page. The home page must be provided in a clear and easily accessible way to include the following information, which is also required on a permanent media query, if

1) the procedure for the dispute resolution,

2) name of the dispute resolution body, mail address and e-mail address,

3) that the dispute resolution body is included in a list in accordance with Article 4 (4) of the law. Article 20 (3) and Article 20 of the ATB Directive,

4) the natural persons responsible for the dispute resolution, how they are designated and for the length of time,

5) possible membership of the ATB bodies which facilitate cross-border dispute settlement ;

6) the forms of disputes to which the dispute resolution body may address, including any value limits,

7) the procedural rules applicable to the settlement of a dispute and the criteria on the basis of which the dispute resolution body may refuse to deal with a complaint,

8) the languages in which a complaint may be lodged and the treatment is carried out,

9) any costs incurred for payment of the case by the parties concerned,

10) the average duration of the dispute solution,

11) the legal effect of the outcome of the dispute solution, including to the extent to which it may be enforceable,

12) annual reports on the activities of the dispute settlement body ; and

13) selected decisions.

Paragraph 2. In the publication of decisions, etc., the name of the complainant must be anonymized. Publication must be carried out in accordance with the rules of the personal data subject.

§ 39. It must be possible on the website of the dispute resolution body, to find information on operators who do not comply with the decision of the dispute resolution body.

§ 40. Any person may, by way of inquiry into the secretariat of the dispute settlement body, demand to be made aware of the decisions of the dispute resolution body if they are to be identified. The names of consumers must be anonymized. Dissemination of information shall be carried out in accordance with the rules of the personal data subject. The secretariat may, either photocopy or electronically submit a copy of decisions. The secretariat may provide for the costs of a fee for the delivery of photocopies.

Chapter 7

Graduations and resolution of the dispute resolution bodies

Graduations

§ 41. The adoption of amendments to the statutes is to be agreed between the founding organizations. The vigilante changes must be approved by the Minister for the Acquisited and Growth Minister.

Resolution of the dispute resolution body (Dispute) body of the dispute resolution body

§ 42. The underlying consumer organisations and inter-branch organizations may terminate this Agreement by means of 1 year ' s notice, thereby dissolving the dispute resolution body. There must be reassuring conditions for the execution of pending cases and so on.

Chapter 8

Entry into force and transitional provisions

§ 43. The announcement shall enter into force on 1. October 2015.

Paragraph 2. Complaction, submitted to a private dispute settlement body prior to this notice, shall be treated according to the applicable statutes so far.

Erk and the Ministry of Acquist, the 30. September 2015

Troels Lund Poulsen

-Niels Christian Beier