TRADE INSPECTION

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TRADE INSPECTION
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TERRITORIAL STRUCTURE

• Chief Inspectorate of TI
• Voivodeship Inspectorates of TI
• Branches of TI

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STRUCTURE
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• Trade Inspection means 1,500 employees working
  for
• Chief Inspectorate,
• 16 Voivodeship inspectorates,
• including 35 branches.

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AMONG THE TASKS OF TRADE INSPECTION ARE

• inspection of legality and reliability of
  entrepreneurs conducting business activity in the
  sense of regulations separate within the range of
  production, trade and services,
• inspection of products within business trade or
  earmarked for introduction into business trade,
  including labelling, forging and inspection of
  services,
• mediation in order to protect the interest and
  rights of consumers,
• organizing and running standing consumer
  arbitration courts,
• consumer counselling service,
• performing other tasks stipulated by acts or
  separate regulations.

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Legal basis for mediation inTrade Inspection

• In conformity with Article 3 par. 1 Act of 15
  december 2000 r. on Trade Inspection. (Journal of
  Laws of 2001, No. 4, item 25) Trade Inspection
  run mediation for the purpose to protect
  interests and rights consumers.

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Purpose of the mediation

• Mediations purpose is settling civil dispute
  out of court between consumers and traders.
• The body competent to made mediation procedure
  is voivodship inspectors acting of the local
  level.

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Mediation technique

• Mediators action could be carry out
• in traders head office or place of business
  activity,
• in Trade Inspectorate office,
• by correspondence, including email.

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Way of conducting mediation throught voivodeship
inspectors of Trade Inspection

• Mediation procedure is a result of consumers
  application lodged with the Trade Inspecorate.
• Madiation ex officio - option used when consumer
  doesnt submit an application orally or in
  written (e.g. via ECC or via email)

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Costs of the mediation

• Mediation procedure is free of charge for both
  parties pf a dispute(general principle).
• If parties demand an expert opinion it must be
  order at their own expense.

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Exclusions from mediation (1) Article 4 Act of
Trade Inspection

• banking services,
• insurance services,
• services within the field of health care and
  social welfare,
• telecommunications and postal services,
• financial agencies services,
• scientific analysis and education services
• purchase of energy

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Mediations procedure (1)

• Mediator presents the consumer claim to trader
• Mediator present to the parties legal regulations
  applicable in the case.
• Mediator is competent to present proposal
  for settlement (optionally).
• Mediator can designate a time limit to the
  parties for amicable settlement of the dispute.
  This time limit can be extended if the
  circumstances of the case indicate thus. If the
  dispute has not been settled amicably within a
  time limit, the mediator withdraws from
  conducting mediation procedure.
• Article 36 Act of Trade Inspection (1)

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Madiation procedure (2)

• Mediator withdraws from mediation procedure if
  the dispute has not been amicably settled within
  a given time limit, or in the case when at least
  one party states that it does not give consent to
  amicable settlement of the dispute.

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Statistics (1)

• In I half 2006 Trade Inspectorates conducted 4
  402 mediations.
• In this number 2 946 (67) was resulted in
  fovour of consumer.

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Statistica (2)

• Industrial products - 3 955 ( 77) mediations
  realting to problems with shoes, electrical
  products, furniture, computers equipments, motor
  equipments,.
• Services - 439 (10) mediations relating to
  problems with building services, laundry
  services, mechanization services, gastronomy
  services, hairdressing and cosmetic services,
  referring to.

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Case handlingTrade Inspection and ECC Poland
delivery of mediation results
transfer cross -border consumer cases
Transfer case to mediator
delivery of mediation protocol nad documents
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Thank you for attention!

• Heronim Krzysztof Ostrowski
• heronim.ostrowski_at_giih.gov.pl