/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.
