Act on Alternative Dispute Resolution in Consumer Matters

Original Language Title: Gesetz über die alternative Streitbeilegung in Verbrauchersachen

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Act on Alternative Dispute Resolution in Consumer Matters (Consumer Dispute Settlement Act-VSBG)

Unofficial table of contents

VSBG

Date of completion: 19.02.2016

Full quote:

" Consumer Dispute Settlement Act of 19 February 2016 (BGBl. I p. 254, 1039)

Footnote

(+ + + Text proof: 1.4.2016 + + +) 
(+ + + For application cf.  § § 1, 6 para. 1, 7 para. 5, 14 para. 4, 14 para. 5, 18, 
 28 + + +) 
(+ + + For application cf.  § 191f para. 4 sentence 2 BRAO + + +) 
(+ + + For application cf.  Section 111b (8) sentence 1 EnWG 2005 + + +) 
(+ + + For application d.  § 31 cf.  Section 37 (4) sentence 2 EVO + + +) 
(+ + + For application d.  § 31 cf.  Section 214 (5) sentence 2 VVG 2008 + + +)

The G was decided as Article 1 of the G v. 19.2.2016 I 254 of the Bundestag. It's gem. Art. 24 (1) sentence 3 of this G entered into force on 1.4.2016. § 40 (2) to (5) and (42) shall act in accordance with Art. 24 (1) sentence 1 of this G on 26.2.2016 in force. § § 36 and 37 shall act in accordance with The second sentence of Article 24 (1) of this G is in force on 1.2.2017.

Section 1
General provisions

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§ 1 Scope

(1) This Act shall apply to the out-of-court settlement of disputes by a private consumer conciliation body recognised under this Act or by a consumer authority established by that law regardless of the dispute settlement procedure applied. This law shall also apply to consumer entities recognised, mandated or established under other legislation, to the extent that such other legislation does not provide for a derogation; Articles 2 and 41 may not apply to the law. (2) This Act shall not apply to customer complaints offices or to any other dispute settlement body which is only carried by a single entreprenter or company affiliated to it; or or only on behalf of such an entrepreate or with him -related companies. Unofficial table of contents

§ 2 Consumer Protection Unit

(1) The consumer training centre shall be a body which shall:

1.: Procedure for the out-of-court settlement of civil disputes involving consumers or entrepreneurs as applicants or defendant, and
2.: has been recognised, contracted or established by this Act or by other legislation other than the Consumer Protection Agency.

(2) A body which is not recognised, mandated or set up under this Act or by any other legislation as a consumer authority shall not be designated as a consumer settlement body. It shall not be referred to by its institution as the consumer's office of communication. The prohibition in sentences 1 and 2 shall not apply if the establishment in another Contracting State of the Agreement on the European Economic Area, pursuant to Directive 2013 /11/EU of the European Parliament and of the Council of 21 May 2013 on the alternative dispute settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009 /22/EC (OJ L 136, 31.3.2009, p. 63), and has been included in the list of all dispute settlement bodies recognised by the European Economic Area.

Section 2
Private Consumer Protection Points

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Section 3 Institution of the Consumer Protection Unit

The institution of the Consumer Protection Agency must be a registered association. If the institution carries out business interests or consumer interests, or if the institution is financed by an association of business interests or consumer interests, the consumer ' s office must be operated by a The budget of the institution shall be available for separate, assigned and adequate budgets. Unofficial table of contents

§ 4 Jurisdiction of consumer units

The consumer conciliation body shall, at the request of a consumer, conduct proceedings for the out-of-court settlement of disputes arising out of a consumer contract pursuant to Section 310 (3) of the Civil Code or on the existence of such a contract (2) The consumer exchange office may confine its competence to certain economic sectors, types of contracts or business operators. Where the Consumer Policy Office has not adopted any restrictive rules on jurisdiction, it shall be called 'General Consumer Policy Centre' and shall be responsible for applications referred to in paragraph 1, with the exception of:

1.

Disputes arising from contracts relating to

a): non-economic services of general interest,
b): health services,
c): Further education and higher education through state institutions,

2.

Disputes for which consumer conciliation bodies are recognised, charged or established in accordance with other legislation.

The General Consumer Protection Agency may restrict its jurisdiction to entrepreneurs established in one country, in which case it shall refer to the term 'General Consumer Policy Centre', with an addition indicating the country to which it is entitled: that it is responsible for. Such a restriction of jurisdiction may also refer to several countries and must then be indicated accordingly. (3) The consumer conciliation body may work on the settlement of other civil disputes, where consumers or entrepreneurs are involved as applicants or defendant; labour contractual disputes are excluded. (4) The consumer authority may exclude its competence for consumers who do not Residence or habitual residence not in a Member State of the European Union or in another State Party to the Agreement on the European Economic Area, or to entrepreneurs who are not established in the territory of the country.

Footnote

(+ + + § 4: For application, see § 28 + + +) Unofficial table of contents

§ 5 Rules of Procedure

(1) The consumer training body must have a procedural order. The Rules of Procedure determine the dispute settlement procedure and lay down the details of its implementation. (2) The Consumer Protection Agency shall not implement any dispute settlement procedure which will provide the consumer with a binding solution. or which rule out the right of the consumer to bring the courts to the courts.

Footnote

(+ + + § 5: For application, see § 28 + + +) Unofficial table of contents

§ 6 Investigators

(1) The consumer arbitration body shall be filled with at least one person responsible for the out-of-court dispute settlement and responsible for impartial and fair conduct of proceedings (dispute settlement). If only one investigator is appointed, he must have a representative; on the representative of the mediator, the first sentence, paragraphs 2 and 3, and § § 7 to 9 shall apply accordingly. (2) The investigator shall have to know the legal knowledge, in particular in the case of the Consumer law, the expertise and the skills necessary to resolve disputes within the competence of the consumer conciliation body. The investigator must be the judge's office or be a certified mediator. (3) The investigator may not have been active in the last three years prior to his appointment.

1.: for an entrepellant who has undertaken to participate in dispute settlement procedures of the Consumer Arbitration Body or is obliged to participate in the course of legislation,
2.: for a company connected to an entreprenter in accordance with point 1;
3.: for an association to which an entreptier belongs to the number 1 and who carries out business interests in the economic sector for which the consumer training body is responsible,
4.: for an association which is responsible for consumer interests in the economic sector for which the consumer training body is responsible.

The activity as a mediator for an association referred to in the first sentence of 1 (3) or (4) shall not preclude a re-appointment as a military investigator.

Footnote

(+ + + § 6 para. 3: For non-application cf. § 7 (5) + + +) (+ + + § 6: For application see § 28 + + +) Unofficial table of contents

§ 7 Independence and impartiality of the Dispute Mediator

(1) The investigator shall be independent and shall not be bound by instructions. It must be a guarantee of impartial dispute resolution. (2) The dispute settlement agent must not only be remunerated or employed by an entreptite or by a company affiliated with an entreptite. The remuneration of the intermediary may not be related to the result of dispute settlement proceedings. (3) The dispute settlement agent shall be bound by circumstances which may affect his or her independence or impartiality, the institution of the (4) The dispute mediator shall disclose to the parties all the circumstances which may affect his or her independence or impartiality. In the event of such circumstances, the investigator may only take action if the parties expressly agree to his or her activities as an intermediary. (5) The task of the mediator has been delegated to a body to which both representatives of the dispute settlement body shall be responsible. Both sides must be represented in the same number as consumer interests as well as by business interests. Section 6 (3) shall not apply to members of the body representing business interests or consumer interests.

Footnote

(+ + + § 7: For application, see § 6 para. 1 + + +) (+ + + § 7 para. 1, 3 to 5: For application see § 28 + + +) Unofficial table of contents

§ 8 Term of office and dismise of the Dispute Mediator

(1) The dispute mediator shall be ordered for a reasonable period of time. The term of office shall not be less than three years. Reorder is permitted. (2) The dispute mediator can only be dismissed if:

1.: the existence of facts which cannot be expected to result in an independent and impartial exercise of the activity as a military investigator,
2.: it is not only temporarily prevented from carrying out the activity as a military investigator, or
3.: is another important reason.

Footnote

(+ + + § 8: For application cf. § 6 para. 1 + + +) (+ + + § 8: For application see § 28 + + +) Unofficial table of contents

Section 9 Participation of consumer associations and business associations

(1) Where the institution of the consumer office is an association carrying out business interests, or if the institution of the consumer office is financed by such an association, the definition and modification of the institution shall be subject to the following conditions: Responsibility of the consumer arbitration body, the rules of procedure and the appointment or dismissive of a dispute mediator of the involvement of an association which perceives the interests of consumers (consumer association). The consumer association must be a qualified entity in accordance with § 3 (1), first sentence, point 1 of the law on injunctions, and must be competent for the representation of consumer interests in the area of responsibility of the consumer protection authority. . Participation shall be laid down in the rules governing the organisation of the consumer ' s office. (2) The institution of the consumer ' s office shall be a consumer association or the institution of the consumer ' s office of a consumer shall be a member of the consumer ' s office of Consumer Association, the first and third sentences of the first sentence of paragraph 1 shall apply mutaly to the participation of an association which is responsible for the interests of the enterprise (employers ' association). The Federation of Entrepreneurship must be qualified to represent the interests of employers in the area of competence of the consumer's office.

Footnote

(+ + + § 9: For application, see § 6 (1) + + +) Unofficial table of contents

Section 10 Information requirements of the consumer's office

(1) The Consumer Arbitration Body maintains a website on which the Rules of Procedure and clear and comprehensible information on the availability and responsibility of the Consumer Arbitration Body as well as the Dispute Mediators, for recognition of the (2) The information referred to in paragraph 1 shall be transmitted in text form on request.

Footnote

(+ + + § 10: For application, see § 28 + + +)

Section 3
Dispute settlement procedure

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§ 11 Form of communications

The application for the application of a dispute settlement procedure, opinions, supporting documents and other communications may be sent to the consumer conciliation body in text form.

Footnote

(+ + + § 11: For application, see § 28 + + +) Unofficial table of contents

§ 12 procedural language

(1) The language of the proceedings is German. (2) The Rules of Procedure may provide for additional languages in which a dispute settlement procedure can be carried out if one party so requests and the other party to that effect. The dispute mediator may also agree with the parties by means of an individual plea of a procedural language not provided for in the Rules of Procedure. Unofficial table of contents

§ 13 Representation

(1) The parties may be represented in the dispute settlement proceedings by a lawyer or by another person, insofar as this is empowered to provide non-judicial legal services. (2) The parties shall not be allowed to shall be obliged to be represented in the dispute settlement procedure.

Footnote

(+ + + § 13: For application, see § 28 + + +) Unofficial table of contents

Section 14 Rejections

(1) The investigator shall refuse to carry out a dispute settlement procedure if:

1.

the dispute does not fall within the competence of the consumer authority;

2.

the contested claim has not previously been invoked against the defendant, or

3.

the application appears to be without any prospect of success or seems wilful, in particular because

a): the contested claim has already been statute-barred when the application was lodged and the trader is based on the limitation period,
b): the dispute has already been settled,
c): a request for legal aid has already been rejected on the grounds that the intended legal proceedings do not offer sufficient prospect of success or seem wilful.

(2) The Rules of Procedure may provide that the investigator shall refuse to carry out a dispute settlement procedure initiated by a consumer in accordance with Article 4 (1) in the following cases:

1.

a consumer conciliation body has already carried out a dispute settlement procedure or the dispute has been pending at another consumer conciliation body,

2.

a court has already made a substantive decision on the dispute or the dispute is pending before a court, unless the court orders the procedure before the court, in accordance with Article 278a (2) of the Code of Civil Procedure (a) the consumer's office shall be responsible for the suspension of the procedure;

3.

the value of the dispute exceeds or falls below a certain level;

4.

the treatment of the dispute would seriously impair the effective operation of the consumer's office, in particular because:

a): the consumer authority can only clarify the facts or legal questions at an unreasonable cost,
b): a fundamental point of law, which is significant for the assessment of the dispute, has not been resolved.

The grounds for refusal shall not significantly impede access for consumers to the dispute settlement procedure. The restrictions on the grounds for refusal provided for in sentences 1 and 2 shall not apply to applications pursuant to § 4 (3). (3) The Consumer Service shall inform the applicant and, if the application has already been submitted to the defendant. , the defendant shall also reject it in text form and give the reasons for its refusal. It shall forward the decision of rejection within three weeks of the receipt of the request. (4) The dispute settlement agent may refuse further implementation of a dispute settlement procedure for the reasons set out in paragraphs 1 and 2, if the The reason for refusal occurs or becomes known only during the process. The reason for refusal referred to in paragraph 1 (2) shall not apply where the defendant consents to the application of the dispute settlement procedure or makes statements on the matter. (5) The dispute settlement procedure shall suspend the dispute settlement procedure if the defendant asserts that, since the applicant has asserted the contested claim, no more than the defendant has not been two months have passed, and the defendant has neither acknowledged nor rejected the contested claim in that time. The dispute settlement agent shall reject the further implementation of the dispute settlement procedure if the defendant has fully recognised the contested claim within two months since the application was asserted; paragraph 3, first sentence, shall apply. If the defendant does not accept the contested claim in full within two months since the application was asserted, the dispute investigator shall continue the proceedings after the expiry of two months from the conclusion of the contested claim.

Footnote

(+ + + § 14: For application, see § 28 + + +) Unofficial table of contents

§ 15 Termination of the proceedings at the request of the parties

(1) The dispute settlement procedure shall end if the applicant withholds his application or is contrary to the further implementation of the proceedings. (2) Explain the defendant, do not participate in the dispute settlement procedure or continue to do so. (3) The right of a party to the dispute settlement procedure in the event of a significant procedural defect, shall terminate the proceedings, unless otherwise specified by law, statutes or contractual agreements. may not be restricted.

Footnote

(+ + + § 15: For application, see § 28 + + +) Unofficial table of contents

Section 16 Information of the parties

The Consumer Arbitration Body must inform the applicant immediately after receipt of the application for a dispute settlement procedure and the defendant, at the same time as sending the application for the following:

1.: the procedure is carried out in accordance with the Rules of Procedure and the text of the procedure is available on the website of the Consumer Protection Agency and is transmitted on request in text form,
2.: that the parties agree to participate in the dispute settlement procedure of the Rules of Procedure of the Consumer Arbitration Board,
3.: that the outcome of the dispute settlement procedure may differ from the outcome of a judicial proceeding,
4.: the parties to the dispute settlement procedure may be consulted or represented by a lawyer or any other person, in so far as that person is empowered to provide legal services,
5.: that the parties to the dispute settlement procedure must not be represented by a lawyer or by another person,
6.: on the possibility of termination of the dispute settlement procedure in accordance with § 15,
7.: on the cost of the procedure, and
8.: on the extent of the obligation of confidentiality of the dispute settlement agent and of the other persons involved in the conduct of the dispute settlement procedure.

(2) Apart from the repeated notification of an entrepellant who regularly takes part in dispute settlement procedures of the Consumer Arbitration Body and has waived further sub-directions, it may not be possible to do so.

Footnote

(+ + + § 16: For application see § 28 + + +) Unofficial table of contents

Section 17 Legal hearing

(1) The parties shall receive legal hearing and may present facts and assessments. The consumer authority may set a reasonable time limit for the opinion of the parties. The time limit is usually three weeks and may be extended on request. (2) The dispute mediator may discuss the dispute with the parties orally if this possibility is provided for in the rules of procedure of the consumer mediation body. and agree to the parties.

Footnote

(+ + + § 17: For application, see § 28 + + +) Unofficial table of contents

§ 18 Mediation

If the dispute mediator carries out a mediation in accordance with the rules of procedure of the consumer arbitration body, the provisions of the mediation act shall be applied in addition, with the exception of § 2 (1) of the Mediation Act.

Footnote

(+ + + § 18: For application see § 28 + + +) Unofficial table of contents

Section 19 Schlichtungsproposal

(1) Where, in accordance with the rules of procedure, the investigator has to submit a proposal to the parties to settle the dispute (conciliation proposal), it shall be based on the factual situation resulting from the dispute settlement procedure. The proposal for a resolution is intended to be aligned with the applicable law and should in particular comply with the mandatory consumer protection laws. The proposal for conciliation shall be accompanied by a statement of reasons resulting from the facts of the matter and the legal assessment of the dispute mediator. (2) The consumer conciliation body shall forward the proposal for conciliation to the parties in text form. (3) The consumer exchange office shall inform the parties concerned with the submission of the draft proposal on the legal consequences of an adoption of the proposal and the fact that the proposal is based on the outcome of a judicial review The procedure may vary. It points to the possibility of not adopting the proposal and calling on the courts to take action. The consumer protection body shall set a reasonable time limit for the adoption of the proposal by the parties. (4) The information of the entrepellant referred to in paragraph 3 shall be dissuasive if it has already been subject to the proposal for a preliminary draft.

Footnote

(+ + + § 19: For application see § 28 + + +) Unofficial table of contents

§ 20 Procedure

(1) The consumer exchange office shall notify the parties as soon as they no longer need any further documents and information (receipt of the full appeal file). The receipt of the full appeal file shall normally be accepted if the parties have had the opportunity to comment in accordance with § 17 (1). (2) The Consumer Appeal Body shall forward the proposal or, if not The content of the agreement on the settlement of the dispute or the reference to the non-agreement within 90 days of receipt of the complete file of appeal shall be submitted. (3) The consumer conciliation body may submit a proposal for a resolution. the 90-day period in the event of particularly difficult disputes or with Extend the consent of the parties. It shall inform the parties of the extension of the time limit.

Footnote

(+ + + § 20: For application, see § 28 + + +) Unofficial table of contents

Section 21 Completion of the procedure

(1) The consumer conciliation body shall transmit to the parties the result of the dispute settlement procedure in text form with the necessary explanations. This communication concludes the dispute settlement procedure. (2) If an agreement is not reached, the notification referred to in paragraph 1 shall be deemed to be an attestation of an unsuccessful attempt to enter into force pursuant to Article 15a (3) sentence 3 of the Act concerning the Introduction of the Code of Civil Procedure in the revised version published in the Federal Law Gazette Part III, outline number 310-2, the latest by Article 3 of the Law of 5 December 2014 (BGBl. 1962) has been amended to refer to the version in force in each case.

Footnote

(+ + + § 21: For application, see § 28 + + +) Unofficial table of contents

Section 22 Secrecy

The dispute mediator and the other persons involved in the implementation of the dispute settlement procedure shall be bound to secrecy, unless otherwise provided for by law. The obligation relates to everything that has become known to them in the performance of their duties. § 4 sentence 3 of the Mediation Act applies accordingly.

Footnote

(+ + + § 22: For application, see § 28 + + +) Unofficial table of contents

§ 23 Fees

(1) Where an entreptite is involved in the dispute settlement procedure, the consumer may be subject to payment only if the consumer's request is to be regarded as abusive, taking into account all the circumstances; in that case the payment shall not exceed 30 euros. In other cases, the consumer's office may require the consumer to pay an appropriate fee if:

1.: immediately after it became aware that the procedure did not involve an entreprenter, and
2.: the consumer wanted to continue to participate in the procedure.

(2) The consumer arbitration body may require an operator who is willing or obliged to participate in the dispute settlement procedure to charge an appropriate fee.

Section 4
Recognition of private consumer services

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Section 24 Recognition

The competent authority shall, at its request, recognise a body as a consumer mediation body when the institution meets the organisational and technical requirements for the dispute settlement in consumer matters referred to in Sections 2 and 3, which: The institution has its registered office in Germany, is permanently invested and its financing appears to be viable. Any further requirements to be met by the institution resulting from other legislation shall remain unaffected. Unofficial table of contents

Section 25 Application for recognition and notification of amendments

(1) The application for recognition as a consumer settlement body shall be justified. The application shall be accompanied by:

1.: the Rules of Procedure of the Institution and
2.: the rules governing the organisation and financing of the institution, including rules on procedural costs.

(2) The consumer authority shall immediately inform the competent authority of any changes in the circumstances relevant to the recognition and any other information communicated in the application. (3) The result of a participation required in accordance with § 9 of a consumer association or of an association of entrepreneurs shall be communicated to the competent authority together with the information referred to in paragraphs 1 or 2. Any deviations from the recommendations of the association involved shall be justified, unless the association has participated in the decision as a member of a joint-occupied body. Unofficial table of contents

Section 26 Revocation of recognition

(1) The consumer authority no longer fulfils the conditions necessary for its recognition or, in any other way, does not comply with the requirements of a consumer training body to a significant extent, the Commission shall: the competent authority of the Consumer Enforcement Body, which shall require changes to be made to maintain recognition, and shall invite them to carry out these changes within three months. (2) The competent authority shall revoke the Recognition if the consumer does not make the changes within three months of receipt of the request referred to in paragraph 1. Unofficial table of contents

Section 27 Competent authority

(1) Competent authority, unless otherwise determined by federal law, is the Federal Office of Justice. (2) Is determined by federal law that a different authority than the Federal Office of Justice for the recognition of a facility as a This other authority shall be the sole competent authority in relation to the Federal Office of Justice. Recognition shall be based on the rules applicable to recognition by that other authority, even if the competence of the consumer's office exceeds the scope of the provision which is the responsibility of the competent authority. of this other authority.

Section 5
Consumer bodies responsible for consumer protection

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Section 28 Authorities of the Consumer Protection Agency

§ § 4 to 7 (1) and (3) to (5), § § 8, 10 and 11 as well as 13 to 22 apply mutationally to official consumer concretions. Article 9 (1) shall apply only if the consumer unit is set up in the case of a chamber. Requirements for official consumer policy bodies arising from other legislation shall remain unaffected.

Section 6
Universal concretions of countries

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Section 29A universal joint authority and a regulation empowerment

(1) The countries shall set up additional consumer services (the universal authority of the country). (2) The country may depart from the establishment of a universal point of contact if there is sufficient scope for the provision of a training provision. The offer of training shall be sufficient if, for each dispute referred to in Article 4 (2), second sentence, an entrepellant established in that country is provided with a consumer dispute settlement body, the procedure of which shall be used by the entrepellant to participate is open. (3) Countries can

1.: establish itself as a universal public authority,
2.: an appropriate recognised consumer conciliation body with the role of the universal arbitration body, including the power to charge, insult or charge for the implementation of the dispute settlement procedure; or
3.: Commission an appropriate recognised consumer service centre with the task of the universal-service centre.

Where a recognised consumer authority is entrusted with the task of providing the universal service, it shall act as a private consumer opinion body in accordance with sections 2 and 3. The special provisions of § 30. (4) The national governments shall apply to their activities as a universal mediation body.

1.: determine, by means of a regulation, the competent authority responsible for the order referred to in the first sentence of paragraph 3, first sentence, and the application referred to in paragraph 3, first sentence, point 3, as well as the authority responsible for the legal and professional supervision of the universal dispute settlement body of the country; and
2.: may, by means of a regulation, make arrangements for the termination of the order referred to in the first sentence of paragraph 3 of paragraph 3, or the order referred to in the first sentence of paragraph 3, point 3.

The State Government may transfer the authorization pursuant to sentence 1 to a supreme state authority by means of a legal regulation. Unofficial table of contents

§ 30 Jurisdiction and procedure of the Universal Settlement Body

(1) The universal arbitration body of the country shall reject the implementation of a dispute settlement procedure if:

1.

which is the responsibility of another consumer authority,

2.

the trader is not established in that country or the consumer is domicated or habituated in that country,

3.

it is a dispute arising out of a contract referred to in Article 4 (2), second sentence, point 1;

4.

the value of the dispute amounts to less than EUR 10 or more than EUR 5 000;

5.

the contested claim has not previously been invoked against the trader; or

6.

the application appears to be without any prospect of success or seems wilful, in particular because

a): the contested claim has already been statute-barred when the application was lodged and the trader is based on the limitation period,
b): the dispute has already been settled,
c): a request for legal aid has already been rejected on the grounds that the intended legal proceedings do not offer sufficient prospect of success or seem wilful.

(2) The rules of procedure of the universal joint office of the country may provide for further grounds for refusal pursuant to section 14 (2), first sentence, points 1, 2 and 4 and sentence 2. (3) The universal authority of the country shall inform the consumer in the case of the Point 1 of paragraph 1, with the decision of rejection, a competent consumer authority to which it may turn. (4) The universal dispute settlement body shall carry out the dispute settlement procedure. It may submit a proposal for a decision in the case of a document if the trader who is willing or obliged to take part in the proceedings of the universal joint authority does not deliver an opinion on the consumer's request. (5) From the The operator's readiness to participate in the dispute settlement procedure shall be deemed to have been deemed to be in dispute with the consumer, on his website or in his General Terms and Conditions, in dispute settlement proceedings before a to participate in the Universal Daylight Unit. The operator shall also be deemed to be willing, even if he has not declared a willingness to participate in the first sentence, but does not refuse to participate in the proceedings within three weeks after he has received the request from the consumer from the It has been sent to the universal authority of the country. The universal arbitration body must, at the same time, draw the attention of the contractor to the submission of the application to the legal sequence set out in sentence 2, and also point out that a fee in accordance with Section 31 for the implementation of the dispute settlement procedure or, in the case of a designated universal service provider, a remuneration in accordance with section 23. Unofficial table of contents

§ 31 Fee

(1) The universal arbitration body of the country pursuant to Article 29 (3), first sentence, points 1 and 2 shall apply to the implementation of the dispute settlement procedure by the contractor, who is willing or obliged to participate in the dispute settlement procedure, or Fee, the amount of which shall be cost-covering and the amount of the dispute shall be taken into account. The fee is

1.: EUR 190 for disputes up to and including 100 Euro,
2.: EUR 250 for litigation over EUR 100 up to and including EUR 500;
3.: EUR 300 for litigation over EUR 500 up to and including EUR 2 000; and
4.: EUR 380 for litigation over 2 000 euro.

(2) In the event of refusal of the further implementation of the dispute settlement procedure pursuant to Article 14 (5), second sentence, the fee shall be reduced to 75 euros; the fee shall be reduced to 75 euros. The universal sizing point of the country may determine a lower fee or grant a waiving of fees if the collection of the fee referred to in the second sentence of paragraph 1 and in the first sentence of the first sentence appears unreasonable in accordance with the special circumstances of the individual case. The levying of the fee appears unreasonable in particular if the universal arbitration body refuses to carry out the dispute settlement procedure in accordance with Article 30 (1) (6), after the businessman has spoken in the matter. (3) A consumer who has requested the application of a dispute settlement procedure may be charged a fee only if the application is to be regarded as abusive in the light of the circumstances as a whole. In this case, the fee is 30 euros.

Section 7
Central point of contact for consumer mediation, list of consumer mediation bodies and reporting obligations

Unofficial table of contents

§ 32 Central point of contact for consumer mediation and notification obligations of the competent authorities and supervisory authorities

(1) The Federal Office of Justice is the central point of contact for the European Commission (Central Contact Point for Consumer Arbitration). (2) The competent authority shall inform the Central Contact Point for Consumer Arbitration with:

1.: recognition and revocation and withdrawal of the recognition of a private consumer authority; a private consumer authority pursuant to the second sentence of Article 4 (2) and (3) shall be issued accordingly;
2.: the information required for the registration of the private consumer's office in the list referred to in Article 33 (1).

(3) The authority responsible for the supervision of a consumer arbitration body (supervisory authority) shall communicate to the Central Contact Point for Consumer Arbitration:

1.: the establishment and the dissolution of a public authority responsible for consumer protection; an official consumer authority pursuant to section 29 (3), first sentence, point 1 shall be designated as the universal service centre of the country;
2.: the information required for the registration of the official consumer authority in the list referred to in Article 33 (1).

(4) The appointment or assignment of a recognised consumer arbitration body with the task of the universal mediation pursuant to § 29 (3) sentence 1 (2) or (3) and the termination of such an assignment or service shall be the central Contact point for consumer mediation by the competent authority of the country in accordance with § 29 (4). (5) Changes to the information referred to in paragraphs 2 to 4 shall be immediately communicated to the Central Contact Point for Consumer Arbitration . Unofficial table of contents

Section 33 List of consumer arbitration bodies, as well as access to the list of the European Commission and the European Platform for Online Dispute Resolution

(1) The Central Contact Point for Consumer Arbitration shall list the consumer arbitration bodies. This list shall be forwarded to the European Commission, having regard to Article 20 (2) of Directive 2013 /11/EU, and shall be updated regularly. The Central Contact Point for Consumer Arbitration makes the current version of the list available on its website and makes the list known in the Federal Gazette as of 1 January each year. (2) The competent authorities and the central office The European Commission's list of all dispute resolution bodies recognised by the European Economic Area can be accessed on their websites by providing a link to the European Commission's website by providing a link to the website of the European Economic Area. Commission. On request, they will make this list available in text form. Unofficial table of contents

§ 34 Reporting obligations and disclosure requirements of the consumer exchange office

(1) The consumer authority shall draw up an annual activity report. It publishes the activity report on its website and transmits it on request in text form. For the transmission of a report on paper, it may require the recipient to replace the necessary outlays. (2) The consumer unit shall draw up a report every two years with a comprehensive presentation and evaluation of its Activity (evaluation report). The private consumer authority shall forward the evaluation report to the competent authority and the consumer authority shall forward the evaluation report to the supervisory authority. The universal arbitration body of the country shall transmit its report to the competent authority in accordance with Article 29 (4) and shall inform it of the Central Contact Point for Consumer Arbitration. (3) The Consumer Arbitration Body shall report (4) The Consumer Arbitration Body shall also provide information on commercial practices referred to in paragraph 3 outside the reports referred to in paragraph 1. , or paragraph 2, if a current information is available in accordance with § 2 of the EC Consumer Enforcement Act of 21 December 2006 (BGBl. 3367), as last amended by Article 2 (4) of the Law of 1 April 2015 (BGBl. 434), the competent authority has requested it within the limits of its competence. (5) Where no universal arbitration body is established in a country, the country of the Central Contact Point for Consumer Arbitration shall have the following: 1. October, but at the earliest to 1. October 2016, which provides a sufficient number of consumer services to ensure that the country has a sufficient amount of training. Any changes must be notified without delay. Unofficial table of contents

Section 35 Consumer Protection Report

(1) The Central Contact Point for Consumer Arbitration shall be published on 9 July 2018 and every four years thereafter, a report on the activities of the Consumer Arbitration Bodies in the Federal Territory (Consumer Arbitration Report) and transmitted (2) The competent authorities and the supervisory authorities and the competent authorities of the Central Contact Point for the Consumer Enforcement report shall be responsible for the consumer performance report, as well as the competent authorities in accordance with Section 29 (4). Consumer Arbitration for the first time as at 31 March 2018 and thereafter every two years an evaluation of the the evaluation reports submitted to them in accordance with Article 34 (2).

Section 8
Information requirements of the entrepre

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Section 36 General information obligation

(1) An entreptier who maintains a website or uses general terms and conditions of business has access to the consumer easily, clearly and comprehensibly.

1.: having regard to the extent to which it is willing or obliged to participate in dispute settlement proceedings before a consumer arbitration body, and
2.: to the competent consumer authority where the trader has undertaken to take part in a dispute settlement procedure before a consumer arbitration body or if he/she is required to take part in a dispute settlement procedure , the information must contain information on the address and website of the consumer arbitration body and a declaration by the contractor to take part in a dispute settlement procedure in front of this consumer dispute settlement body.

(2) The information referred to in paragraph 1 shall be:

1.: appear on the website of the entrepre if the entreptier maintains a website,
2.: together with its General Terms and Conditions shall be given if the entrepre uses General Terms and Conditions.

(3) The information requirement referred to in paragraph 1 (1) shall not apply to an entrepre who has employed ten or fewer persons on 31 December of the previous year.

Footnote

(+ + + § 36 italic pressure: occurs gem. Art 24 (1) sentence 2 G v. 19.2.2016 I 254 on 1.2.2017 in force + + +) Unofficial table of contents

Section 37 Information on the emergence of the dispute

(1) The trader shall draw the consumer's attention to a consumer dispute body responsible for the consumer, stating their address and website, if the dispute concerning a consumer contract by the trader and the consumer could not be settled. At the same time, the entrepellant shall indicate whether he is willing or obliged to participate in a dispute settlement procedure at this consumer dispute settlement body. Where the trader is willing or obliged to participate in the dispute settlement procedure of one or more consumer arbitration bodies, he or she shall indicate that body or bodies. (2) The notice shall be given in text form.

Footnote

(+ + + § 37: Step up) Art 24 (1) sentence 2 G v. 19.2.2016 I 254 on 1.2.2017 in force + + +)

Section 9
Cross-border cooperation

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Section 38 Cooperation with foreign dispute settlement bodies

The Consumer Arbitration Body shall cooperate with dispute settlement bodies which implement Directive 2013 /11/EU in another Member State of the European Union or in another State Party to the Agreement on the European Union The Economic Area is responsible for the out-of-court settlement of comparable disputes. Unofficial table of contents

Section 39 Cooperation with the European Platform for Online Dispute Resolution

The Consumer Arbitration Body is a body for alternative dispute resolution within the meaning of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online settlement of consumer disputes and on the Amendment of Regulation (EC) No 2006/2004 and Directive 2009 /22/EC (OJ L 136, 31.3.2009, p. OJ L 165, 18.6.2013, p. 1). Unofficial table of contents

§ 40 Support for consumers in cross-border disputes; contact point for the European Online Dispute Resolution Platform

(1) The Federal Office of Justice

1.: assists consumers in identifying the relevant dispute settlement body in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area;
2.: meets the tasks of the Contact Point for the European Platform for Online Dispute Resolution in accordance with Article 7 (2) of Regulation (EU) No 524/2013.

(2) The Federal Office of Justice shall be empowered to insult a legal person of private law, a legally competent partnership or any other appropriate body with the tasks referred to in paragraph 1. The Beliehene has the necessary guarantee for the proper performance of the tasks assigned to him. It provides the necessary guarantee if:

1.: it has the equipment and organisation necessary to carry out the tasks assigned to it, and
2.: the persons performing their management or representation are reliable and technically suitable.

The Beliehene is subject to the legal and professional supervision of the Federal Office of Justice. (3) The Federal Office of Justice may, without prejudice to § 49 of the (4) The Beliehene may request the termination of the service in writing at any time. The Federal Office of Justice (Bundesamt für judiciary) is aware of the insult in the Federal Gazette (Bundesanzeiger), which is the subject of a request for a new order.

Section 10
Final provisions

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Section 41 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.: referred to in the first sentence of Article 2 (2), as the consumer authority or
2.: referred to in the second sentence of Article 2 (2), a body designated as a consumer settlement body.

(2) The administrative offence can be punished with a fine of up to fifty thousand euros. (3) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is the Federal Office of Justice. Unofficial table of contents

Section 42 Regulation empowerment

(1) The Federal Ministry of Justice and Consumer Protection is authorized, in agreement with the Federal Ministry for Economic Affairs and Energy, by means of a legal regulation with the consent of the Federal Council

1.

to identify the requirements for the content and form of the application for recognition as a consumer opinion body in accordance with Article 25 (1) and to the documents and supporting documents to be annexed;

2.

to identify the information provided by the competent authority in accordance with Article 32 (2) and (5) or the supervisory authority in accordance with Article 32 (3) and (5) of the Central Contact Point for Consumer Arbitration (CPI),

3.

to identify the content of the information provided by the consumer exchange office on its website in accordance with Article 10 (1), and to provide further information for the website,

4.

Details on the content and format of the activity report and the evaluation report of the Consumer Arbitration Board in accordance with Article 34 (1) and (2), on the content and form of the Consumer Arbitration Report of the Central Contact Point for Consumer Arbitration in accordance with § 35 (1) and the evaluations of the competent authorities and supervisory authorities in accordance with Article 35 (2), to be determined in more detail,

5.

to regulate the cooperation of consumer services

a): pursuant to Article 34 (4), with the competent authorities pursuant to § 2 of the EC Consumer Protection Enforcement Act,
b): in accordance with Article 38 with dispute settlement bodies of other Member States of the European Union or of any other Contracting State of the Agreement on the European Economic Area.

(2) The Federal Ministry of Justice and Consumer Protection is empowered to settle the details of the procedure of the universal joint offices in accordance with § § 29 and 30 by means of a legal regulation with the consent of the Federal Council.

Footnote

(+ + + § 42: Step up) Art 24 para. 1 sentence 1 G v. 19.2.2016 I 254 on 26.2.2016 in force + + +) Unofficial table of contents

Section 43 Project funding, research project, report

(1) The Federal Ministry of Justice and Consumer Protection shall, until 31 December 2019, promote the work of a selected General Consumer Policy Centre (§ 4 (2) sentence 2), which operates nationwide. (2) Accompanying the study Federal Ministry of Justice and Consumer Protection in a scientific research project the functioning of this General Consumer Protection Unit, in order to obtain information on use, case numbers, working methods, To collect and evaluate the duration of the proceedings, the success rates, the costs and charges. The research project has to be completed by December 31, 2020. (3) The Federal Ministry of Justice and Consumer Protection will report to the German Bundestag and the Federal Council on the completion of the scientific research project on the Results; an interim report shall be submitted by 31 December 2018.