Regulation (2015:739) With Instruction For National Board For Consumer Complaints

Original Language Title: Förordning (2015:739) med instruktion för Allmänna reklamationsnämnden

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:739

/Entry into force: 01/01/2016

Data



Introductory provisions



section 1 of the consumer complaints board is a Board for options

settlement of disputes referred to in paragraph 4(1) the law (2015:671)

on alternative dispute resolution in consumer relations.

The authority shall, among other things. receive notifications and rule on disputes

as regards consumer complaints as set out in paragraphs 3 to 9. The authority shall also carry out the duties

alternative dispute settlement body under the European Parliament's

and Council Regulation (EC) no 524/2013 of 21 may 2013

online dispute resolution for consumer disputes and amending

Regulation (EC) No 2006/2004 and directive 2009/22/EC.



Definitions



paragraph 2 of this regulation,



1. consumer: a natural person who is acting primarily

for purposes which are outside business activities, on the one hand,

estates,



2. "trader" means any natural or legal person who is acting

for purposes relating to their own

economic activity.



The Authority's area of responsibility



3 § the museums shall, after notification of a consumer

recommend a solution of



1. disputes between business and consumers resulting

from a contract for the purchase of a product, service, or other

utilities,



2. disputes between consumers and insurance companies about

compensation for damage from a trader's liability insurance,

If the consumer has direct reserves the right to the insurance company and

This claim is based on a contractual relationship

between the consumer and the trader, the insured, and



3. disputes relating to damages under section 25 of the

real estate law (2011:666).



The authority shall ensure that the parties agree on the

disputes referred to in the first subparagraph.



4 § the museums shall also



1. inform consumers and professionals on the Agency's

practice,



2. support the municipal consumer operation's handling of

disputes through education and information, and



3. the implementation of confidence-building measures in relation to

the business community.



Disputes that the authority does not try



§ 5 Authority hears not disputes about



1. the provision of health services,



2. purchase of real estate,



3. the grant or transfer of property and

leasehold, or



4. lease or rental of the apartment if the dispute relates to more than

monetary claim.



6 § the museums are trying not to disputes that can be tried, or has

examined by a Board of ADR that has

approved under the Act (2015:671) on alternative dispute resolution in

consumer relations.



The authority is trying nor disputes handled in or

is settled by a court bailiff or a

rental and lease Committee.



7 § the museums are trying not to disputes that have already been examined by the

authority or covered by a recommendation given

in a case if the class action.



Provisions for review is in section 35.



section 8/expires U: 2016-04-01/

The authority is trying not to litigation when



1. notification to the authority have been made by someone other than the

the consumer or, in the case of a class action pursuant to section 9,

someone other than the Consumer Ombudsman or an association

of consumers,



2. the value of what is claimed is less than



a) 2 000 SEK for disputes relating to banking, real estate agents,

insurance, boat or home,



b) 1 000 kronor for disputes relating to motor, travel, furniture,

Laundry, games or lotteries,



c) 500 SEK for disputes under



-European Parliament and Council Regulation (EC) No 261/2004

of 11 February 2004 establishing common rules

on compensation and assistance to passengers in the event of denied

boarding and of cancellation or long delay

of flights, and repealing Regulation (EEC) No 295/91,



-European Parliament and Council Regulation (EC) no 1371/2007

of 23 October 2007 on the rights and obligations of

rail passengers,



-European Parliament and Council Regulation (EU) No 1177/2010

of 24 november 2010 concerning the rights of passengers when travelling

by sea and inland waterway and amending

Regulation (EC) No 2006/2004,



-European Parliament and Council Regulation (EC) No 181/2011

of the rights of passengers

bus and coach transport and amending Regulation (EC) No 2006/2004,

as well as the



d) 500 SEK for disputes concerning electronics, shoes or textile

and for the other claims, or



3. the notification has been received by the Agency more than a year after

the consumer made a complaint to the

the trader.



section 8/entry into force: 04/01/2016

The authority is trying not to disputes when 1. notification to the Agency has been made by someone other than the consumer or, in the case of a class action pursuant to section 9, a person other than the Consumer Ombudsman or an Association of consumers,



2. the value of what is claimed is less than a) 2 000 SEK for disputes relating to banking, estate agent, insurance, boat or home, b) 1 000 kronor for disputes relating to motor, travel, furniture, laundry, games or sweepstakes, c) 500 SEK for disputes under European Parliament and Council Regulation (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation ( EEC) No. 295/91, European Parliament and Council Regulation (EC) no 1371/2007 of 23 October 2007 on rail passengers ' rights and obligations, to the European Parliament and Council Regulation (EC) No 1177/2010 of 24 March 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 – European Parliament and Council Regulation (EC) No 181/2011 of the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 – Act (2015:953) if kollektivtrafikresenärers rights, and d) 500 SEK for disputes concerning electronics, shoes or textile and other disputes, or 3. notification has been received by the authority for more than a year after the consumer has made a complaint to the trader.





The amounts referred to in the first subparagraph 2 are not considered claims for compensation for damage other than financial loss.

Regulation (2016:124).



Class action lawsuit



§ 9 the authority may consider disputes between a group of consumers

and a trader, if



1. There are more consumers who are likely to have claims against

trader on substantially similar grounds,



2. disputes relating to conditions that may be considered by the authority,

and



3. an examination of the controversies is justified from the public

point of view.



Disputes referred to in the first subparagraph shall be admissible after

notification of the Consumer Ombudsman or, if

The Consumer Ombudsman has decided not to make any

notification of an Association of consumers.



Accounting statistics



10 § the museums shall report statistics on received

notifications. The statistics shall be broken down by gender, age and

place of residence and relate to the number and type of complaints.



Management



section 11 Authority is headed by a head of Government.



section 12 at the Agency, there shall be an Advisory Council consisting

of no more than eight members.



Positions and assignments



section 13 the Chairman of the National Board for consumer complaints is

the head of Government.



section 14 of the authority, there shall be a Vice-President who

also the Deputy Head of Government. Employment as

the Vice Chairman is decided by the Government on the proposal of the

the head of Government.



15 § External Chairman appointed by the Government for a

certain time.



Other members are appointed by the Chairperson, or by

the head of the authority delegated the task to, for a

set time on a proposal of the authorities and organisations

as the Government determines.



section 16 of the Chairperson and Vice-Chairperson, as well as the

external Presidents must be lawyers with experience

judge.



Anyone who is a member of the Board must not be a minor or in bankruptcy

nor have trustees under Chapter 11. 7 § parental code.



Staff disciplinary board



section 17 of the authority, there shall be a staff disciplinary board.



Applicability of certain regulations



18 § the museums shall apply the staff representatives Ordinance

(1987:1101).



Alternative dispute resolution (ADR)



The handling of disputes



§ 19/expires U: 2016-04-01/

The procedure before the Agency is writing. The parties have

not entitled to attend the meetings of the authority.



19 section/entry into force: 04/01/2016

The procedure before the Agency is writing. The Parties shall not have the right to attend the meetings of the authority.

Regulation (2016:124).



20 §/expires U: 2016-04-01/

Notification of disputes shall be made in writing. Authority

may require the additional information from the claimant that

needed to proceedings.



Authority shall send notification to the operator

the claimant stated that counterparty. The trader shall be invited to

respond within a reasonable time. Authority need not be

the trader about the answers, if there are grounds assume that

the complainant's claims will not be accepted in whole or in part.



Trader's response referred to in the second subparagraph shall be sent to

the notifier, to be given the opportunity to submit their comments within a reasonable time

over the answer.



Further correspondence should be made if necessary

clarify the parties ' attitude.



20 section/entry into force: 04/01/2016

Notification of disputes shall be made in writing. The authority may request submission of the additional information from the claimant needed to proceedings.



Authority shall send notification to the operator


the claimant stated that counterparty. The trader shall be invited to respond within a reasonable time. Authority need not ask the trader about the answer, if there is no reason to assume that the complainant's claims will be accepted in whole or in part.



Trader's response referred to in the second subparagraph shall be sent to the notifier, which shall be given an opportunity to be heard within a reasonable time of the response.



Further correspondence will be done if necessary to clarify the parties ' attitude. Regulation (2016:124).



section 21 when a case is ready for decision, it shall

notify the parties about this and about when they can expect

to get the Board's recommendation on how the dispute should be resolved.



section 22 of the authority shall ensure that the parties agree,

If it's not deemed inappropriate. If the parties hit a

Agreement, the authority shall close the case.



section 23 of a dispute shall be settled within 90 days of the matter

are permits. If it is necessary due to

the nature of the processing time may be extended. The parties

should be advised that the time limit is extended and when they can

expect to get the Board's recommendation on how the dispute

should be resolved.



section 24 of the Agency's recommendations and reject decisions will be

be communicated to the parties in writing, and contain the reasons

particularly the end. If there is a dissenting, the

attached.



Inadmissibility of cases



section 25 If the authority is not competent to hear a dispute pursuant to

This regulation, the authority shall reject the case.



A dispute in which the value of what is claimed is less than what is

specified in section 8 (2) or where the notification has been received after the time limit

as required by paragraph 8 of 3 may, however, be examined, if the dispute is of

in principle, interest, or if there are other special

reasons.



section 26 authority may reject a case, if



1. a supplement that authority has requested of the notifier

do not enter within the specified time,



2. the consumer has not made a complaint to the

the trader before notifying the Agency was made, or



3. a review of the case with respect to the Agency's

forms of work or for any other reason would seriously

prevent the authority from functioning effectively.



section 27 if the contents of a notification appears that

the authority is not competent to hear the dispute, the matter

rejected within three weeks after the notification has been received to

authority.



Composition and quorum



paragraph 28 of the Dispute is determined after the presentation at a meeting,

except in the case of a review under section 31.



section 29 a meeting presided over by the Chairperson or

Vice President or by an external President. A

sitting in extended composition is headed by the Agency's

Chairman or vice Chairman.



Other members at a meeting shall be equal to the number of

appointed after nominations by consumer and

MSC agencies.



section 30 of the Disputes examined by the Chairperson or vice

Chairman or by an external Chairman and four other

members. The Agency is, however, satisfied with a President

and two other members, unless any of the members request

the four members will participate.



section 31, a dispute may be decided upon by the Chairperson or

Vice President or by an external Chairman, if the matter is

of simple nature or if the trader has not spoken

in the case.



The Chairperson or vice Chairperson or an external

the President may also reject or dismiss a case.



The Chairperson may, in its rules of procedure, or in a

case-by-case basis, decide that the cases referred to in the first or second

the paragraph also may be settled by another officer or other

specially appointed which is attached to the authority.



32 § a dispute may be decided by the authority, extended

composition if it is of particular importance for

the authority of law or otherwise, are of particular

weight.



The Chairperson decides if a dispute shall be settled in

extended composition.



Authority extended composition is satisfied with

the Chairperson or Vice-Chairperson, two external

the Chairman and four other members. If both the Authority's

the President and Vice-President, shall be an external

President delta. More than seven members may not take part.



section 33 authority may be assisted by a specially appointed

expert in deciding a case.



section 34 if, upon deliberation reveals divergent

sentences, apply the provisions of Chapter 16 of the. the code of judicial procedure

If the vote in civil proceedings. The rapporteur does not have the right to receive

a dissenting opinion recorded.



Review



35 § authority's decision of a dispute shall, at the request of a

Party reviewed by the Agency of the determination is clear

inaccurate because of an obvious omission or error on the part of the

authority and correction of the decision are not

issue.



A request for review must be in writing and be received

to the authority within four weeks after the dispute

was decided.



If the authority finds that a decision is clearly wrong on

because of some other factor than those referred to in the first

subparagraph, shall amend the decision if it can be done quickly

and easily and without it being detrimental to any party.



First to third paragraphs also applies to cases that have been rejected

or written off.



Appeal



section 36 the decision of the Agency in litigation may not be appealed.

The same applies to the Authority's decision in the appeal cases.