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In accordance with the decision of the Parliament:
This law concerns out-of-court adr entities notified of alternative dispute resolution bodies for consumer disputes, as well as the European Directive 2013 /11/EU of Parliament and of the Council (hereinafter referred to as Directive , in accordance with Article 20 (2), the European Commission, and the dispute resolution procedure in those bodies. However, this law does not apply to the authority responsible for resolving differences between consumers and traders.
The law shall apply to disputes between the consumer and the trader established in Finland and in disputes relating to the purchase of consumer goods which have been brought before the dispute settlement body by consumers.
The application to be notified to the list of ADR entities maintained by the European Commission is regulated by a decree of the Ministry of Justice.
Where the composition of the dispute settlement body is composed of more than one person in charge of the dispute settlement, it shall consist of a number of representatives of traders and consumers, traders and consumers.
The dispute settlement body shall deal with the consumer protection issues which the consumer may refer to it. However, the dispute settlement body may fail to address the issue of consumer disputes which have been reached if the grounds for refusal are in accordance with Article 5 (4) and (5) of the Directive and is included in the dispute settlement body. The code of conduct.
The dispute settlement shall have the necessary knowledge and skills in the field of alternative dispute resolution or judicial review of consumer disputes, as well as general knowledge of the law.
For the time being or for a term of office which is long enough to ensure the independence of his activities, the participating in the dispute shall be appointed and shall not be separated from his duties without a weigher reason.
Any party to the dispute shall not receive instructions from either Party or their representatives and shall not be linked to the outcome of the proceedings.
The extent of the obstacle to the dispute settlement shall apply, with the exception of the Judge's aesthetic provisions. Article 7 of Chapter 13 of the Court of Justice Subsection 2.
The case shall be initiated by a written or electronic application.
The addressee of the application shall ask the trader to reply to the application unless it is manifestly unnecessary. The dispute settlement body may decide whether or not the trader has given an answer.
The parties shall be given the opportunity, within a reasonable time, to recount the material which has been submitted to the dispute resolution body and on which the dispute resolution is based.
The dispute settlement body shall inform the parties to the dispute without delay of the fact that it has obtained the necessary material to resolve the matter.
Where the dispute resolution body fails to address the application submitted to it, it shall provide the applicant and, where appropriate, the trader with a reasoned explanation of the reasons for the submission no later than three weeks after the reason: Without addressing the issue.
If the applicant withdraws an application, the case shall lapse.
The dispute settlement body shall examine and resolve the matter in accordance with its own procedural rules.
The statement of reasons shall be given in writing at the latest 90 days after the dispute settlement body has had all the material necessary to resolve the case. In very complex disputes, the dispute resolution body may, at its discretion, extend the 90-day period. The parties shall be informed of the extension of the time limit and of the expected date for the adoption of the decision.
When notifying parties of their decision, the dispute resolution body must, at the same time, inform the parties that its solutions are recommendations and that participation in the dispute resolution procedure does not rule out the possibility of To be resolved.
Personal data processing is provided for in the Personal Data Act (523/1999) .
The dispute settlement shall be free of charge to the applicant.
The parties shall have the right to exercise their assistance or represented a lawyer or other person.
The dispute settlement body shall maintain an up-to-date website with easy access to clear and comprehensible information on the body and the procedure to be followed, as well as on the rights and obligations of the parties. The dispute settlement body shall, on request, provide the information referred to above in a permanent manner. The website of the dispute settlement body shall also be available on the website of the European Commission.
The dispute settlement body shall make its annual activity report publicly available on its website and, if requested, provide it in a permanent manner.
The Decree of the Ministry of Justice provides for more detailed information on the information to be provided by the dispute resolution body in accordance with paragraph 1, on the disclosure of information to the parties to the dispute and the content of the activity report under paragraph 2.
This Act shall enter into force on 9 January 2016.
THEY 74/2015 , TaVM 13/2015, EV 69/2015, Directive 2013 /11/EU of the European Parliament and of the Council (32013L0011); OJ L 165, 18.6.2013, p. 63 TO 79
