Baltic Sea Region ADR Seminar III

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Baltic Sea Region ADR Seminar III The Baltic Sea
Region Seminar on ADR Consolidation Piotr
Stanczak ADR Coordinator European Consumer
Centre Poland Warszawa, 15 October 2007
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Content of Presentation

• Brief outlook on ADRs map in Poland
• Case study on the background of accessibility of
  ADR mechanisms for EU consumers and Cooperation
  between ECC and ADR

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ADRs with General Competence in Poland
Trade Inspectorates
Arbitration (called Consumer Courts of
Counciliation)
Mediation (in the regional level inspectorates)
notified in August 2007
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Sectoral ADRs in Poland- E-commerce
Euro-label Trustmark Scheme - Certification Body
Complaints Board
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Sectoral ADRs in Poland- comunications services
Office of Electronic Communications
Mediation in Regional Branches
Arbitration Permanent Arbitration Courts
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Sectoral ADRs in Poland- Finnancial Services
FIN-NET
Banking Ombudsman (also-called Banking Arbitrator)
Insurance Ombudsman
Arbitration
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Case Study

• Irish consumer bought a set of windows from a
  Polish trader in price 22.959 EUR.
• After the delivery it appeared that the size of
  some of the windows was incorrect, which was
  reported to the retailor immediately by the
  consumer.
• He requested the ordered windows to be provided.
  Because of the stage, which the works in the
  building was in, the consumer decided to install
  the originally delivered windows.
• After installation, windows prooved to be greatly
  faulty (the water was getting inside the
  building, frames were not solid).
• The consumer tried to resolve the dispute with
  the retailor, but came to no satisfactory
  agreement.

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Case Study

• The case was lodged with the ECC-Net.
• The customer demanded repair of the product or
  service.
• The consumer agreed to transfer the case to the
  mediation scheme at Trade Inspectorate (with
  respect to the Trader ECCs suggestion reffered
  by ECC Dublin).
• The case was immediatelly closed by the ECCs and
  transferred to the ADR body.

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Case Study

• In result ADR body received the case
  documentation consisted with the application of
  the ECC Poland based on the problem description
  made by the ECC Dublin in the IT TOOL and the
  files related to the case, included into the IT
  TOOL record.
• The mediation was carried out within 14 days.

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Case Study

• The trader offered
• delivery of balcoony doors made in line with
  measures orderd by the customer
• repair of the window fitting at the place of
  installation
• the renovation treatment (including the grounding
  of gaps, varnishing - in pursuance to needs and
  conditions).
• The consumer accepted the solution proposal
  related him by ECCs
• The offered services were made within one month.
  So finally the trader reach the solution in less
  then two months.

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Accessibility of ADR Mechanisms for EU Consumers

• The Commission will include in its
• database of the out-of-court bodies ()
• in order to participate in the European
• extra-judicial network (EEJ-Net).
• Recommendation 2001/310/EC

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Accessibility of ADR Mechanisms for EU Consumers

• Two stages procedure
• ECC Poland plays the role of clearing house
  transferring
• cross-boarder cases to the Head Office of Trade
  Inspectorate.
• In the second move such cases are reffered by the
  Head
• Office to the competent mediator in the local
  branch unit.

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Accessibility of ADR Mechanisms for EU Consumers

• There are neither minimum financial nor maximum
  limits specified.
• Mediation procedure conducted by Trade
  Inspectorates is free of charge, both for the
  consumer and the entrepreneur.
• The costs of expert opinion regarding the quality
  of a product or service conducted on the
  consumers or entrepreneurs demand are
  incurredby the ordering party, unless the parties
  stipulate otherwise (each of regional Trade
  Inspectorates run the register of of experts
  specialised in different sector of consumer
  market).

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Accessibility of ADR Mechanisms for EU Consumers

• There are a few options to lodge the case
• in written request by post or personally in the
  Trade Inspectorate bureau
• with appliance of distance means (by telegraph,
  telex, fax, email),
• in a way of ECC-Net proceeding (by IT TOOL)
• While application form is in used this not
  necessary to use it
• as long as the consumer give obligatory
  information.

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Accessibility of ADR Mechanisms for EU Consumers

• There are a few options to lodge the case
• in written request by post or personally in the
  Trade Inspectorate bureau
• with appliance of distance means (by telegraph,
  telex, fax, email),
• in a way of ECC-Net proceeding (by IT TOOL)
• While application form is in used this not
  necessary to use it
• as long as the consumer give obligatory
  information.

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Accessibility of ADR Mechanisms for EU Consumers

• Handling a matter requiring explanatory
• proceedings should take place no later
• than within a month.
• In the case of a particularly complicated
• matter no later than within two months
• from the day of instituting proceedings.

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Accessibility of ADR Mechanisms for EU Consumers

• Procedure is conducted in Polish language.
• The application forms in English need to be
  easier available and unified and adaptated to the
  cross-border disputes
• Information on mediation procedure in English
  available on Internet website

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Accessibility of ADR Mechanisms for EU Consumers

• Mediators of Trade Insepction are of general
• competence with exception of areas
• specified by legal regulations

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Clossing comments Tasks to Be Carry out

• Spreading of ADR information to consumers and as
  many ECCs as possible
• Improving the quality of ADR schemes in Poland
  through the consequent notification process
• Exploring of business stakeholders with the aim
  of ADR nominations

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Thank you for your attention! Piotr
Stanczak 48 22 55 60 115 ps_at_konsument.gov.pl