REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828

26.2.2024 - (COM(2023)0649 – C9‑0384/2023 – 2023/0376(COD)) - ***I

Committee on the Internal Market and Consumer Protection
Rapporteur: Laura Ballarín Cereza

Amendments

• 001-057 (PDF - 158 KB)
• 001-057 (DOC - 51 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828

(COM(2023)0649 – C9‑0384/2023 – 2023/0376(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0649),

– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0384/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 14 February 2024[1],

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on Transport and Tourism,

– having regard to the report of the Committee on the Internal Market and Consumer Protection (A9-0060/2024),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

 

 

Amendment  1

 

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission	Amendment
	(2a) In order to reach its full potential and deliver for consumers, this Directive should require participation to be mandatory for air carriers falling under the scope of Regulation (EC) No 261/2004, provided that it does not prevent the parties from exercising their right of access to the judicial system. This is the case, given that several studies have highlighted the high number of consumer complaints in the transport and tourism sector, especially in the field of air passengers rights.

Amendment  2

 

Proposal for a directive

Recital 2 b (new)

Text proposed by the Commission	Amendment
	(2b) ADR entities should communicate to the competent authorities a list of traders who systematically and unduly refuse to comply with the outcomes of ADR procedures. Furthermore, Member States should ensure that, where they do not comply with the outcome of an ADR procedure, traders are required to provide the other parties to the ADR procedure with a written explanation.

Amendment  3

 

Proposal for a directive

Recital 3

Text proposed by the Commission	Amendment
(3) Since at least two out of five online transactions made by consumers residing in the Union are with traders based in third countries, the scope of Directive 2013/11/EU should be extended to allow those third country traders willing to participate in an ADR procedure to do so. No procedural impediments should hinder consumers residing in the Union from resolving disputes against traders, irrespective of their establishment, if the traders accept to follow an ADR procedure through an ADR entity established in a Member State.	(3) Since at least two out of five online transactions made by consumers residing in the Union are with traders based in third countries, the scope of Directive 2013/11/EU should be extended to allow those third country traders willing to participate in an ADR procedure to do so. No procedural impediments should hinder consumers residing in the Union from resolving disputes against traders, irrespective of their establishment, if the traders accept to follow an ADR procedure through an ADR entity established in a Member State. In accordance with applicable Union law, the consumer should be able to commence a procedure in the Member State where he or she resides. It should not be possible to access ADR procedures in a Member State in which neither the consumer resides nor the trader is established.

Amendment  4

 

Proposal for a directive

Recital 4

Text proposed by the Commission	Amendment
(4) The complexity of consumer disputes has evolved significantly since the adoption of Directive 2011/13/EU. Digitilisation of goods and services, the growing importance of e-commerce and digital advertising in the formation of consumer contracts has resulted in a rise in the number of consumers being exposed to misleading online information and manipulative interfaces preventing them from making informed purchasing decisions. It is, therefore, necessary to clarify that contractual disputes arising from the sale of goods or services include digital content and digital services, and to extend the scope of Directive 2011/13/EU, beyond such disputes so that consumers are also able to seek redress for practices harming them at a pre-contractual stage, irrespective of whether they later become bound by a contract.	(4) The complexity of consumer disputes has evolved significantly since the adoption of Directive 2011/13/EU. Digitalisation of goods and services, the growing importance of e-commerce and digital advertising in the formation of consumer contracts has resulted in a rise in the number of consumers being exposed to misleading online information and manipulative interfaces preventing them from making informed purchasing decisions. It is, therefore, necessary to clarify that contractual disputes arising from the sale of goods or services include digital content and digital services, and to extend the scope of Directive 2011/13/EU, beyond such disputes so that consumers are also able to seek redress for practices harming them at a pre-contractual stage, provided they later become bound by a contract, or at a post-contractual stage.

Amendment  5

 

Proposal for a directive

Recital 5

Text proposed by the Commission	Amendment
(5) Moreover, Directive 2011/13/EU should also cover consumer rights arising from Union legislation which governs relationships between consumers and traders when there is no relationship of a contractual nature, with respect to the right to access and to pay for goods and services without undergoing discrimination based on nationality, place of residence or of establishment, as provided for in Articles 4 and 5 of Regulation (EU) 2018/302 of the European Parliament and of the Council3 ; the right to open and switch bank accounts as provided for in Articles 9, 10, 11, and 16 of Directive 2014/92/EU of the European Parliament and of the Council4 and to not be discriminated against as provided for in Article 15 of that Directive; the right to receive transparent information on retail conditions for roaming calls and SMS messages as provided for in Articles 13, 14 and 15 of Regulation (EU) 2022/612 of the European Parliament and of the Council5 , the right to price transparency in air fares and rates as provided for in Article 23 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council6 . Therefore, it should be provided that disputes arising in relation to such categories of consumer rights can be dealt with in ADR procedures.	(5) Moreover, Directive 2011/13/EU should also cover consumer rights arising from Union legislation which governs relationships between consumers and traders when there is no relationship of a contractual nature, with respect to the right to access and to pay for goods and services without undergoing discrimination based on nationality, place of residence or of establishment, as provided for in Articles 4 and 5 of Regulation (EU) 2018/302 of the European Parliament and of the Council3, or on any ground as referred to in Article 21 of the Charter of Fundamental Rights of the European Union; the right to open and switch bank accounts as provided for in Articles 9, 10, 11, and 16 of Directive 2014/92/EU of the European Parliament and of the Council4 and to not be discriminated against as provided for in Article 15 of that Directive; the right to receive transparent information on retail conditions for roaming calls and SMS messages as provided for in Articles 13, 14 and 15 of Regulation (EU) 2022/612 of the European Parliament and of the Council5 , the right to price transparency in air fares and rates as provided for in Article 23 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council6 . Therefore, it should be provided that disputes arising in relation to such categories of consumer rights can be dealt with in ADR procedures.
__________________	__________________
3 Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (OJ L 60I, 2.3.2018, p. 1).	3 Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (OJ L 60I, 2.3.2018, p. 1).
4 Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic feature (OJ L257, 28.8.2014, p. 214).	4 Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic feature (OJ L257, 28.8.2014, p. 214).
5 Regulation (EU) 2022/612 of the European Parliament and of the Council of 6 April 2022 on roaming on public mobile communications networks within the Union (OJ L 115, 13.4.2022, p. 1).	5 Regulation (EU) 2022/612 of the European Parliament and of the Council of 6 April 2022 on roaming on public mobile communications networks within the Union (OJ L 115, 13.4.2022, p. 1).
6 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3).	6 Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3).

Amendment  6

 

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission	Amendment
	(5a) Member States should take note of the Commission Recommendation of 17 October 2023 on quality requirements for dispute resolution procedures offered by online marketplaces and Union trade associations. The Commission should be encouraged to complement this Directive with a Regulation on quality requirements for dispute resolution procedures offered by online marketplaces and Union trade associations.

Amendment  7

 

Proposal for a directive

Recital 10

Text proposed by the Commission	Amendment
(10) Member States should ensure that ADR should enable consumer to initiate and follow ADR procedures also offline if requested. It should also be ensured that when digital tools are provided, those can be used by all consumers, including vulnerable consumers or those with varying levels of digital literacy. Members States should ensure that, upon request, parties to the disputes always have access to a review of automated procedures by a natural person.	(10) Member States should ensure that ADR should enable consumer to initiate and follow ADR procedures also offline if requested. It should also be ensured that when digital tools are provided, those can be used by all consumers, including vulnerable consumers or those with varying levels of digital literacy. Members States should ensure that parties to the disputes, in particular consumers, have access to a review of automated procedures by a natural person, who should be independent and impartial.

Amendment  8

 

Proposal for a directive

Recital 10 a (new)

Text proposed by the Commission	Amendment
	(10a) In order to enhance consumer and traders’ trust and increase their participation in ADR procedures, it is fundamental to ensure that the functioning and work of ADR entities is of good quality. In this sense, the expertise and knowledge of the ADR entity staff should be updated on a regular basis. Therefore, ADR entities should provide natural persons in charge of ADR procedures with regular training to ensure their knowledge is continuously updated.

Amendment  9

 

Proposal for a directive

Recital 11

Text proposed by the Commission	Amendment
(11) Member States should also enable ADR entities to bundle similar cases against a specific trader, to make ADR outcomes consistent for consumers subjected to the same illegal practice, and more cost-efficient for ADR entities and for traders. Consumers should be informed accordingly and should be given the opportunity to refuse from having their dispute bundled.	(11) Member States should also enable ADR entities with sufficient knowledge to bundle similar cases against a specific trader, where the natural persons in charge of ADR procedures have sufficient knowledge and expertise to deal with the case. This would help to make ADR outcomes consistent for consumers subjected to the same illegal practice, and more cost-efficient for ADR entities and for traders. Consumers should be informed accordingly and should be given the opportunity to refuse from having their dispute bundled.

Amendment  10

 

Proposal for a directive

Recital 13

Text proposed by the Commission	Amendment
(13) Under Directive 2013/11/EU, Member States may introduce national legislation to make trader participation in ADR compulsory in sectors they deem fit, in addition to sector-specific Union legislation which provides for mandatory participation of traders in ADR. To encourage traders’ participation in the ADR procedures and to ensure due and swift ADR procedures, traders should be required, especially in cases where their participation is not compulsory, to respond within a specific period to enquiries made by ADR entities on whether they intend to participate to the proposed procedure.	(13) Under Directive 2013/11/EU, Member States may introduce national legislation to make trader participation in ADR compulsory in sectors they deem fit, in addition to sector-specific Union legislation which provides for mandatory participation of traders in ADR. To encourage traders’ participation in the ADR procedures and to ensure due and swift ADR procedures, traders should be required, especially in cases where their participation is not compulsory, to respond within a specific period that should not exceed 15 working days to enquiries made by ADR entities on whether they intend to participate to the proposed procedure. An extension of this deadline could be granted for complex disputes or as a result of exceptional circumstances, such as a period of high activity or an external crisis.

Amendment  11

 

Proposal for a directive

Recital 13 a (new)

Text proposed by the Commission	Amendment
	(13a) In order to ensure that consumers can expect full independence and impartiality, as provided for in this Directive, when dealing with all types of ADR entities, including ADR entities where the natural persons in charge of dispute resolution are employed or remunerated exclusively by the individual trader, also commonly referred to as ‘in-house’ ADR entities, such ADR entities should only have access to data strictly related to the case and explicitly provided by the trader or the consumer.

Amendment  12

 

Proposal for a directive

Recital 14

Text proposed by the Commission	Amendment
(14) To reduce information and reporting requirements and to save costs for ADR entities, national competent authorities and traders, reporting and information requirements should be simplified and the amount of information provided by ADR entities to the competent authorities should be reduced.	deleted

Amendment  13

 

Proposal for a directive

Recital 14 a (new)

Text proposed by the Commission	Amendment
	(14a) ADR procedures should preferably be free of charge for the consumer. In the event that costs are applied, those costs should not exceed a nominal fee. Furthermore, in order to increase the accessibility and attractiveness of ADR procedures to consumers, those fees should be reimbursable. It is important to clarify that such reimbursement is to be made by Member States, in full compliance with the principles of subsidiarity and proportionality, and not by other entities, such as the other party to the ADR procedure.

Amendment  14

 

Proposal for a directive

Recital 14 b (new)

Text proposed by the Commission	Amendment
	(14b) In many Member States, consumers are still insufficiently informed about the existence and services proposed by ADR entities. In order to increase consumer awareness about ADR entities and traders participating in ADR procedures, traders should provide ADR information in a clear, prominent, comprehensible and easily accessible way. Where the trader has a website, it should present the information on it. Traders should also provide such information in their general terms and conditions and on invoices issued by them. In order to facilitate communication, traders should make an email address available allowing consumers to contact them, including for the purpose of ADR procedures.

Amendment  15

 

Proposal for a directive

Recital 14 c (new)

Text proposed by the Commission	Amendment
	(14c) A swift cooperation between the different actors involved in the enforcement of consumer rights is crucial to ensure the overall consistency and coherence of the consumer enforcement system. In cases where an unfair commercial practice has been brought to the attention of ADR entities, those entities should report to their national competent authorities or consumer organisation if they have credible reasons to suspect that an unfair commercial practice and terms has occurred.

Amendment  16

 

Proposal for a directive

Recital 15

Text proposed by the Commission	Amendment
(15) To provide effective assistance to consumers and traders in cross-border disputes, it is necessary to ensure that Member States establish ADR contact points with clearly defined tasks. European Consumer Centres (“ECCs”) are well placed to perform such tasks, as they are specialised in assisting consumers with issues with their cross-border purchases, but Member States should also be able to choose other bodies with relevant expertise. Those designated ADR contact points should be communicated to the Commission.	(15) To provide effective assistance to consumers and traders in cross-border disputes, it is necessary to ensure that Member States establish ADR contact points with clearly defined tasks. European Consumer Centres (“ECCs”) are well placed to perform such tasks, as they are specialised in assisting consumers with issues with their cross-border purchases, but Member States should also be able to choose other bodies with relevant expertise. Member States should communicate those designated ADR contact points to the Commission and ensure that they have adequate budgetary and human resources. Consumers should be entitled to carry out a cross-border ADR procedure in an official language of the Member State in which they are resident.

Amendment  17

 

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission	Amendment
	(15a) To ensure procedural fairness, consumers engaging in cross-border disputes should engage with the ADR contact point determined by the consumer’s place of residence, thereby discouraging selective choice of ADR contact points for convenience or advantageous outcomes.

Amendment  18

 

Proposal for a directive

Recital 15 b (new)

Text proposed by the Commission	Amendment
	(15b) In cross-border disputes, ADR entities should use Union law as a point of reference for the resolution of the disputes. Nevertheless, in both domestic and cross-border disputes, ADR entities should always take into account the remedies available in Union and applicable national law.

Amendment  19

 

Proposal for a directive

Recital 16

Text proposed by the Commission	Amendment
(16) Despite the fact that ADR procedures are meant to be simple, consumers may be assisted by a third party of their choice during ADR procedures. Member States should ensure that such assistance is provided in good faith to allow a fair procedure and in full transparency, in particular regarding the possible fees required in exchange for the assistance.	(16) Despite the fact that ADR procedures are meant to be simple, consumers may be assisted by a third party of their choice during ADR procedures. Member States should ensure that such assistance is provided in good faith to allow a fair procedure and in full transparency, in particular regarding the possible fees required in exchange for the assistance. In addition, Member States are encouraged to extend the benefit of consumer ADR systems to micro enterprises and self employed to ensure that such businesses have access to cheap and quality alternative dispute resolution systems to solve contractual disputes.

Amendment  20

 

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission	Amendment
	(16a) Not all ADR entities have the expertise to deal with non-contractual matters, in particular unfair commercial practices and terms. Therefore, procedures of ADR entities in this area should be limited to unfair commercial practices and terms with a personal scope, and hence only cover matters where a damage or loss, material or immaterial, has occurred to the consumer directly. In addition, only ADR entities that can demonstrate necessary expertise in the relevant area, covering the relevant economic sector in its entirety, such as a sectorial ombudsman, should be empowered to take on such procedures. ADR entities sometimes choose to deviate from strict legal provisions in order to base their decisions on equity principles. This implies that ADR entities could opt for solutions that, in their judgment, align with a sense of what is morally or ethically right in a particular situation, diverging from a strict adherence to legal statutes. However, the use of fairness principles should not be acceptable when it comes to unfair commercial practices, which are not subject to compromises or mediated outcomes as they touch upon public order and the fundamentals of consumer protection.

Amendment  21

 

Proposal for a directive

Recital 16 b (new)

Text proposed by the Commission	Amendment
	(16b) The means used by consumer organisations and business associations to make the Commission’s list of ADR entities publicly available can include relevant broadcasts concerning consumer protection and consumer rights.

Amendment  22

 

Proposal for a directive

Recital 17

Text proposed by the Commission	Amendment
(17) To ensure that consumers are able to easily find a suitable ADR entity, especially in a cross-border context, the Commission should develop and maintain a digital interactive tool that provides information about ADR entities’ main characteristics and links to the webpages of the ADR entities, as notified to it.	(17) To ensure that consumers are able to easily find a suitable ADR entity, especially in a cross-border context, the Commission should develop and maintain a digital interactive tool that provides information about ADR entities’ main characteristics, practical information about how to avail of ADR procedures in a cross-border context and links to the webpages of the ADR entities, as notified to it, allowing consumers to be directed to a competent body to resolve their disputes. The Commission should ensure coordination between this digital interactive tool and other EU and national digital tools, where appropriate.

Amendment  23

 

Proposal for a directive

Article 1 – paragraph 1 – point -1 (new)

Directive 2013/11/EU

Article 1

Present text	Amendment
	-1. Article 1 is replaced by the following:
Article 1	Article 1
Subject matter	Subject matter
The purpose of this Directive is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market by ensuring that consumers can, on a voluntary basis, submit complaints against traders to entities offering independent, impartial, transparent, effective, fast and fair alternative dispute resolution procedures. This Directive is without prejudice to national legislation making participation in such procedures mandatory, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system.	‘The purpose of this Directive is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market by ensuring that consumers can, on a voluntary basis, submit complaints against traders to entities offering independent, impartial, transparent, effective, fast and fair alternative dispute resolution procedures.
	The participation of air carriers falling under the scope of Regulation (EC) No 261/2004 in ADR procedures shall be mandatory, without prejudice to the right of parties to access the judicial system.
	This Directive is without prejudice to national legislation making participation in such procedures mandatory in economic sectors other than those referred to in the second subparagraph, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system.’

(32013L0011)

Amendment  24

 

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2013/11/EU

Article 2 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) contractual obligations stemming from sales contracts, including for the supply of digital content, or service contracts;	(a) contractual obligations stemming from sales contracts, including for the supply of digital content, or service contracts, including pre-contractual and post-contractual obligations and in particular in relation to:
	(i) unfair commercial practices and terms;
	(ii) compulsory pre-contractual information ;
	(iii) passenger and travellers’ rights;
	(iv) remedies in the event of non-conformity of products and digital content; and
	(v) access to deliveries.

Amendment  25

 

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2013/11/EU

Article 2 – paragraph 1 – point b – introductory part

Text proposed by the Commission	Amendment
(b) consumer rights applicable to non-contractual and pre-contractual situations and provided in Union law concerning:	(b) consumer rights applicable to non-contractual situations and provided in Union law concerning:

Amendment  26

 

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2013/11/EU

Article 2 – paragraph 1 – point b – point i

Text proposed by the Commission	Amendment
(i) unfair commercial practices and terms,	(i) non-discrimination on the basis of nationality or place of residence;

Amendment  27

 

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2013/11/EU

Article 2 – paragraph 1 – point b – point ii

Text proposed by the Commission	Amendment
(ii) compulsory precontractual information,	(ii) access to services;

Amendment  28

 

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2013/11/EU

Article 2 – paragraph 1 – point b – point iii

Text proposed by the Commission	Amendment
(iii) non-discrimination on the basis of nationality or place of residence,	(iii) right to switch providers; and

Amendment  29

 

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2013/11/EU

Article 2 – paragraph 1 – point b – point iv

Text proposed by the Commission	Amendment
(iv) access to services and deliveries,	(iv) unfair commercial practices not falling under point (a)(i), provided that:
	(1) the ADR entity is a sectorial coverage entity with the necessary knowledge about unfair commercial practices;
	(2) the ADR entity has adequate resources and funding;
	(3) the unfair practice resulted in material or immaterial damage to the consumer; and
	(4) the entity applies applicable law when dealing with unfair commercial practices.

Amendment  30

 

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2013/11/EU

Article 2 – paragraph 1 – point b – point v

Text proposed by the Commission	Amendment
(v) remedies in case of non-conformity of products and digital content,	deleted

Amendment  31

 

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2013/11/EU

Article 2 – paragraph 1 – point b – point vi

Text proposed by the Commission	Amendment
(vi) right to switch providers, and	deleted

Amendment  32

 

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2013/11/EU

Article 2 – paragraph 1 – point b – point vii

Text proposed by the Commission	Amendment
(vii) passenger and travellers’ rights.	deleted

Amendment  33

 

Proposal for a directive

Article 1 – paragraph 1 – point 2 a (new)

Directive 2013/11/EU

Article 4 – paragraph 1 – point f a (new)

Text proposed by the Commission	Amendment
	2a. In Article 4, the following point is inserted:
	‘(fa) “unfair commercial practice” means any misleading commercial practice within the meaning of Annex I to Directive 2005/29/EC.’.

Amendment  34

 

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive 2013/11/EU

Article 5 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall facilitate access by consumers to ADR procedures and shall ensure that disputes covered by this Directive and which involve a trader established on their respective territories, or a trader not established in the territory of any Member State but offering goods or services, including digital content and digital services, to consumers residing in their respective territories, can be submitted to an ADR entity which complies with the requirements set out in this Directive.;	1. Member States shall facilitate access by consumers to ADR procedures and shall ensure that disputes covered by this Directive and which involve a trader established on their respective territories, or a trader not established in the territory of any Member State but offering goods or services, including digital content and digital services, to consumers residing in their respective territories, can be submitted to an ADR entity which complies with the requirements set out in this Directive. Member States may facilitate access by self-employed or micro enterprises to ADR procedures.

Amendment  35

 

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive 2013/11/EU

Article 5 – paragraph 2 – point -a (new)

Text proposed by the Commission	Amendment
	(-a) maintain an up-to-date website which provides the parties with easy access to information concerning the ADR procedure;

Amendment  36

 

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive 2013/11/EU

Article 5 – paragraph 2 – point a a (new)

Text proposed by the Commission	Amendment
	(aa) ensure that consumers can submit complaints in the Member State in which they reside;

Amendment  37

 

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive 2013/11/EU

Article 5 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) grant the right to the parties to the dispute to request that the outcome of the ADR procedure be reviewed by a natural person when the procedure was carried out by automated means;	(c) when the procedure was carried out by automated means, ensure that parties to the dispute have access to review by a natural person, who is independent and impartial;

Amendment  38

 

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive 2013/11/EU

Article 5 – paragraph 2 – point d

Text proposed by the Commission	Amendment
(d) may bundle similar cases against one specific trader into one procedure, under condition that the consumer concerned is informed and does not object to that;	(d) may bundle similar cases against one specific trader into one procedure, on condition that the consumer concerned is informed and expressly agrees to that bundling and that, in accordance with Article 6, the natural persons in charge of the ADR procedures have sufficient knowledge to deal with the case;

Amendment  39

 

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point d

Directive 2013/11/EU

Article 5 – paragraph 8

Text proposed by the Commission	Amendment
8. Member States shall ensure that traders established in their territories that are contacted by an ADR entity from their country or from another Member State, inform that ADR entity whether, or not, they accept to participate in the proposed procedure and reply within a reasonable period of time that shall not exceed 20 working days..	8. Member States shall ensure that traders established in their territories that are contacted by an ADR entity from their own Member State or from another Member State, inform that ADR entity whether, or not, they accept to participate in the proposed procedure and reply within a reasonable period of time that shall not exceed 15 working days. However, an extension to this deadline up to a maximum of 20 working days may be granted in the case of complex disputes or as a result of exceptional circumstances, such as a period of high activity or an external crisis.

Amendment  40

 

Proposal for a directive

Article premier – paragraph 1 – point 3 a (new)

Directive 2013/11/EU

Article 6

Present text	Amendment
	3a. Article 6 is amended as follows:
	(a) paragraph 1, point (a) is replaced by the following:
(a) possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law;	‘(a) possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law, including, when dealing with cross-border cases, private international law;'
	(b) in paragraph 3 the following point is inserted:
	‘(aa) where a dispute is handled by an ADR entity and the natural persons in charge of dispute resolution are employed or remunerated exclusively by the individual trader, the ADR entity shall only have access to data strictly related to the case and specifically provided by the trader or the consumer;’;
	(c) paragraph 6 is replaced by the following:
6. For the purposes of point (a) of paragraph 1, Member States shall encourage ADR entities to provide training for natural persons in charge of ADR. If such training is provided, competent authorities shall monitor the training schemes established by ADR entities, on the basis of information communicated to them in accordance with point (g) of Article 19(3).	‘6. For the purposes of point (a) of paragraph 1, Member States shall ensure that ADR entities provide regular training for natural persons in charge of ADR, in particular in the area of consumer law and other relevant sectorial legislation. Competent authorities shall monitor the training schemes established by ADR entities, on the basis of information communicated to them in accordance with point (g) of Article 19(3).’

(32013L0011)

Amendment  41

 

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point b

Directive 2013/11/EU

Article 7 – paragraph 2 – point h

Text proposed by the Commission	Amendment
(b) point (h) is deleted.	deleted

Amendment  42

 

Proposal for a directive

Article 1 – paragraph 1 – point 4 a (new)

Directive 2013/11/EU

Article 8 – paragraph 1 – points c and d a (new)

Present text	Amendment
	4a. Article 8 is amended as follows:
	(a) point (c) is replaced by the following:
(c) the ADR procedure is free of charge or available at a nominal fee for consumers;	‘(c) the ADR procedure is free of charge or available at a nominal fee for consumers and, in the event that a nominal fee is charged for consumers, that fee is reimbursable by national authorities when the dispute is resolved;’;
	(b) the following point is inserted:
	‘(da) at the consumer’s request, the parties have access to the procedure with the possibility to hold a physical meeting;’

(32013L0011)

Amendment  43

 

Proposal for a directive

Article 1 – paragraph 1 – point 4 b (new)

Directive 2013/11/EU

Article 11 a (new)

Text proposed by the Commission	Amendment
	4b. The following article is inserted:
	‘Article 11a
	Member States shall ensure that, where they do not comply with the outcome of an ADR procedure, irrespective of whether the outcome of that procedure is binding, traders are required to provide the other parties to the ADR procedure with a written explanation.’.

Amendment  44

 

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive 2013/11/EU

Article 13 – paragraph 3

Text proposed by the Commission	Amendment
5. In article 13, paragraph 3 is deleted.	5. In Article 13, paragraph 2 is replaced by the following:
	‘2. The information referred to in paragraph 1 shall be provided:
	(a) on the traders’ website, where it exists, in a clear, prominent, comprehensible and easily accessible way;
	(b) in the general terms and conditions of sales or service contracts between the trader and a consumer; and
	(c) on the invoices issued by the trader.
	2a. Traders shall make an email address available allowing consumers to contact them, including for the sole purpose of ADR procedures.’

(32013L0011)

Amendment  45

 

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2013/11/EU

Article 14 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Member States shall ensure that consumers can carry out cross-border ADR procedures in an official language of the Member State in which they are resident.

Amendment  46

 

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2013/11/EU

Article 14 – paragraph 2

Text proposed by the Commission	Amendment
2. Each Member State shall designate an ADR contact point in charge of the task referred to in paragraph 1. Each Member State shall communicate the name and contact details of its ADR contact point to the Commission. Member States shall confer responsibility for the operation of the ADR contact points on their centre belonging to the European Consumer Centres Network, or, if not possible, on consumer organisations or on any other body dealing with consumer protection.	2. Each Member State shall designate an ADR contact point in charge of the task referred to in paragraph 1. Each Member State shall communicate the name and contact details of its ADR contact point to the Commission. Member States shall confer responsibility for the operation of the ADR contact points on their centre belonging to the European Consumer Centres Network, on consumer organisations or on any other body dealing with consumer protection and ensure that they have adequate budgetary and human resources.

Amendment  47

 

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2013/11/EU

Article 14 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Consumers and traders engaged in cross-border disputes shall use the ADR contact point assigned on the basis of the consumer’s place of residence and the ADR entity of the Member State in which he or she is resident.

Amendment  48

 

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2013/11/EU

Article 14 – paragraph 3 – point a a (new)

Text proposed by the Commission	Amendment
	(aa) assisting the parties and ADR entities, where necessary, with the translation of information, documentation or procedural rules;

Amendment  49

 

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2013/11/EU

Article 14 – paragraph 3 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) providing the parties and ADR entities with relevant information on the consumer protection law of the Member State;

Amendment  50

 

Proposal for a directive

Article 1 – paragraph 1 – point 6 a (new)

Directive 2013/11/EU

Article 15 – paragraph 2

Present text	Amendment
	6a. In Article 15, paragraph 2 is replaced by the following:
2. Member States shall encourage relevant consumer organisations and business associations to make publicly available on their websites, and by any other means they consider appropriate, the list of ADR entities referred to in Article 20(4).	‘2. Member States shall ensure that relevant consumer organisations and business associations make publicly available on their websites and brochures and by any other means they consider appropriate, the list of ADR entities referred to in Article 20(4).’

(32013L0011)

Amendment  51

 

Proposal for a directive

Article 1 – paragraph 1 – point 6 b (new)

Directive 2013/11/EU

Article 17 – paragraph 2

Present text	Amendment
	6b. In Article 17, paragraph 2 is replaced by the following:
2. This cooperation shall in particular include mutual exchange of information on practices in specific business sectors about which consumers have repeatedly lodged complaints. It shall also include the provision of technical assessment and information by such national authorities to ADR entities where such assessment or information is necessary for the handling of individual disputes and is already available.	‘2. This cooperation shall in particular include mutual exchange of information on practices in specific business sectors about which consumers have repeatedly lodged complaints. It shall also, where appropriate, include an obligation for ADR entities to direct consumers to the national authorities referred to in paragraph 1 whenever they report unfair commercial practices. In addition, it shall also, where appropriate, include an obligation on ADR entities to report unfair commercial practices and terms and conditions to those national authorities whenever they become aware of them. It shall also include the provision of technical assessment and information by such national authorities to ADR entities where such assessment or information is necessary for the handling of individual disputes and is already available.’

(32013L0011)

Amendment  52

 

Proposal for a directive

Article 1 – paragraph 1 – point 6 c (new)

Directive 2013/11/EU

Article 17 – paragraph 5

Text proposed by the Commission	Amendment
	6c. In Article 17, the following paragraph 5 is added:
	‘5. When an unfair commercial practice is brought to the attention of the ADR entity by a consumer, the principle of confidentiality shall not apply. If there are credible reasons to suspect that such a practice has occurred, the ADR entity shall inform the national competent authority thereof, and, if appropriate, shall keep it informed about the outcome of the dispute.’.

Amendment  53

 

Proposal for a directive

Article 1 – paragraph 1 – point 6 d (new)

Directive 2013/11/EU

Article 18 – paragraph 1

Present text	Amendment
	6d. In Article 18, paragraph 1 is replaced by the following:
1. Each Member State shall designate a competent authority which shall carry out the functions set out in Articles 19 and 20. Each Member State may designate more than one competent authority. If a Member State does so, it shall determine which of the competent authorities designated is the single point of contact for the Commission. Each Member State shall communicate the competent authority or, where appropriate, the competent authorities, including the single point of contact it has designated, to the Commission.	"1. Each Member State shall designate a competent authority which shall carry out the functions set out in Articles 19 and 20. Member States shall ensure that their competent authorities have the necessary resources, including sufficient budgetary and other resources, such as a sufficient number of competent personnel, expertise, procedures and other arrangements for the proper performance of their duties. The natural persons working for competent authorities should be impartial and independent from the ADR entities that they supervise. Each Member State may designate more than one competent authority. If a Member State does so, it shall determine which of the competent authorities designated is the single point of contact for the Commission. Each Member State shall communicate the competent authority or, where appropriate, the competent authorities, including the single point of contact it has designated, to the Commission."

(32013L0011)

Amendment  54

 

Proposal for a directive

Article 1 – paragraph 1 – point 6 e (new)

Directive 2013/11/EU

Article 19 – paragraph 3 – point d

Present text	Amendment
	6 e. In Article 19, paragraph 3, point (d) is replaced by the following:
(d) the rate of compliance, if known, with the outcomes of the ADR procedures;	"(d) the rate of compliance, if known, with the outcomes of the ADR procedures and the traders who systematically and unduly refuse to comply with the outcomes of ADR procedures;"

(32013L0011)

Amendment  55

 

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2013/11/EU

Article 19 – paragraph 3 – points f, g and h

Text proposed by the Commission	Amendment
7. In Article 19(3), points (f), (g) and (h) are deleted.	deleted

Amendment  56

 

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2013/11/EU

Article 20

Text proposed by the Commission	Amendment
8. In Article 20, the following paragraph is added:	8. Article 20 is amended as follows:
	(a) in paragraph 2, the following subparagraph is inserted after the second subparagraph:
	‘Competent Authorities shall conduct regular checks into the functioning and activities of the ADR entities to monitor compliance with the requirements of this Directive.’;
	(b) the following paragraph is added:
‘8. The Commission shall develop and maintain a digital interactive tool that provides general information on consumer redress and links to the webpages of the ADR entities notified to it in accordance with paragraph 2 of this Article.’	‘8. The Commission shall develop and maintain a user-friendly digital interactive tool that provides general information on consumer redress, practical information about how consumers can avail themselves of ADR procedures in a cross-border context and links to the webpages of the ADR entities notified to it in accordance with paragraph 2 of this Article, directing consumers to a competent body to resolve their disputes
	Where similar digital tools exist at the national level, they should provide a link to the Commission digital tool, to inform consumers with a cross-border issue.’

Amendment  57

 

Proposal for a directive

Article 1 – paragraph 1 – point 8 a (new)

Directive 2013/11/EU

Article 21

Present text	Amendment
	8a. Article 21 is replaced by the following:
Article 21	‘Article 21
Penalties	Penalties
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted in particular pursuant to Article 13 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.	Member States shall lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive, in particular Article 5(8) and Article 13, and shall take all measures necessary to ensure they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.’

(32013L0011)

 

EXPLANATORY STATEMENT

The Alternative Dispute Resolution for consumers (ADR) Directive from 2013 aimed to ensure that consumers within the EU have access to high-quality out-of-court processes to resolve their contractual disputes against traders established in the EU. Nevertheless, the 2019 Commission’s report on the application of the ADR Directive and the ODR Regulation concluded that the ADR/ODR framework is not reaching its full potential. In addition, according to the Commission’s 2023 Consumer scoreboard, despite a quarter of consumers having experienced a problem worthy of complaint, a third of them did not act due to lengthy procedure times, small amounts involved, or low confidence in a satisfactory solution to the problem. This results in only 300,000 eligible disputes annually in the EU.

 

The Commission’s proposal on the revision of the ADR Directive aims to adapt to disputes resulting from new consumer market trends, which contain much more online purchasing, including from non-EU traders. The proposal extends the scope of the ADR Directive to include all kinds of consumer disputes including consumer rights applicable to non-contractual and pre-contractual situations, and to include traders established outside the EU. The proposal introduces a new digital interactive tool that provides general information on consumer redress and links to the webpages of the notified ADR entities.

 

The Rapporteur agrees that the ADR Directive needs to be modernised in order to improve efficiency and quality of ADR procedures, and give consumers more opportunities to settle their disputes outside of court in a way that is quicker, cheaper, and more convenient. The Rapporteur welcomes the revision of the ADR procedure, however, regrets that the Commission has only partially addressed the structural problems of the ADR procedures, such as the low engagement in ADR among businesses and consumers, the consumers unawareness, and the lack of trust among consumers and traders in ADR entities. Therefore, the draft report aims to increase the level of ambition of the Commission’s proposal with a two-fold objective: raising consumer awareness and increasing traders’ participation in ADR procedures.

 

When it comes to the material scope proposed by the Commission, the Rapporteur believes that an extension to non-contractual and pre-contractual obligations could lead to confusion for consumers and traders, and a lack of the necessary resources and expertise to handle the dispute for ADR entities. Therefore, the Rapporteur is proposing a reasonable extension of the material scope of consumer ADR, and suggests including specific statutory consumer rights not yet covered under the current Directive, such as non-discrimination on the basis of nationality or place of residence, the right to switch providers, passenger and travellers’ rights and mandatory pre-contractual trader obligations. Furthermore, the Rapporteur welcomes the extension of the geographical scope to include the possibility for traders established outside the EU to participate (on a voluntary basis) in ADR procedures.

 

Regarding trader participation in ADR procedures, the Rapporteur is suggesting to address the issue from two perspectives: (1) traders’ participation in ADR procedures, and (2) traders’ compliance with the outcome of such procedures. The Rapporteur therefore suggests mandatory trader participation in the fields of tourism and transport, due to high numbers of consumer complaints. For those sectors where national legislation makes the participation in ADR procedures voluntary, the Rapporteur introduces an obligation for traders to explain why they choose not to participate in the procedure. The Rapporteur welcomes the new obligation for traders to respond to a request made by an ADR entity whether they plan to participate in an ADR procedure against them or not.  However, the Rapporteur believes that 10 working days would allow for a sufficient time frame for the traders to reply (instead of 20 working days as proposed by the Commission).

In order to increase traders’ participation in the ADR procedures, the Rapporteur propose that traders who unfairly and consistently disregard the outcomes of ADR procedures will have their names made publicly known by the Member States, and that they will be required to give written explanations to the other parties to the ADR procedure in the event that they do not comply with its decision.

 

Furthermore, the Rapporteur strongly believe that the ADR revision should be an opportunity to improve consumers and traders awareness and their trust in the ADR procedures. That is why the Rapporteur is proposing better consumer awareness by establishing obligatory ADR information to be provided: on the trader’s website, which should be separated from other information, in the general terms and conditions and on the invoices issued by the trader. Besides the given information, traders will have to set up a dedicated email address allowing consumers to contact them solely for the purposes of ADR procedures. In order to improve expertise and knowledge, the Rapporteur proposes mandatory annual training for ADR staff to ensure that their knowledge is continuously updated to reach a higher interest in out-of-court dispute resolution. The proposed training will cover the area of consumer law and other relevant sectorial legislation.

 

When it comes to the reporting obligations for ADR entities, the Commission proposes to remove some reporting requirements currently imposed on consumer ADR entities, in particular information about the training provided by ADR entities of their staff or an assessment of the effectiveness of the ADR procedure offered by the entity and of possible ways of improving their performance. The Rapporteur disagrees with the removal of reporting obligations, that are allowing competent authorities to carry an effective supervision of ADR entities.

 

 

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

 

 

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

 

 

Entity and/or person

BEUC - The European Consumer Organization

European Consumer Center Germany

Centro Europeu do Consumidor Portugal

FACUA - consumidores en accion

European Consumer Center Sweden

Agencia Catalana de Consum

Business Europe

European Advertising Standards Alliance

Ecommerce Europe

Amazon Europe

European Consumer Center France

Representación Permanente de España Ante la Unión Europea

Eurocommerce

 

The list above is drawn up under the exclusive responsibility of the rapporteur.

OPINION OF THE COMMITTEE ON TRANSPORT AND TOURISM (15.2.2024)

for the Committee on the Internal Market and Consumer Protection

on the proposal for a directive of the European Parliament and of the Council amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828

(COM(2023)0649 – C9‑0384/2023 – 2023/0376(COD))

Rapporteur for opinion: Cláudia Monteiro de Aguiar

 

SHORT JUSTIFICATION

Adopted in 2013, the Alternative Dispute Resolution (ADR) Directive[2] aimed at fair, fast and affordable out-of-court resolution of domestic and cross-border disputes between EU consumers and traders. Based on a minimum harmonisation approach, it caters for the varying ADR cultures and national frameworks across the different Member States. While ADR is not meant to replace court litigation, it is considered an effective redress mechanism to resolve low-value disputes, as resorting to court is more costly and often much more time-consuming. However, so far success of ADR in the EU has only been partial, its setup and efficiency often depending on the national context of each Member State. As a consequence, today there is a significant share of EU consumers who are not aware of or do not trust ADR schemes and, subsequently, abstain from complaining. Moreover, 43% of retailers in the EU are unaware of the existence of ADR as a means to resolve their disputes with consumers.

In view of the above, your Rapporteur welcomes the Commission proposal to amend ADR Directive in order to make the framework fit for digital markets, to enhance the use of ADR in cross-border disputes and to simplify ADR procedures. While generally endorsing the proposal, your Rapporteur would like to accentuate several aspects below.

Your Rapporteur supports retaining the minimum harmonisation approach in the proposal, not least in view of a still fragmented ADR landscape in the EU Member States as well as time and effort necessary to ensure seamless ADR across the EU. While recognising that certain sectors are significantly more dispute-intensive than others – indeed, transport and tourism being one of them – your Rapporteur would like to remind that the 2013 Directive already provided for a degree of flexibility for the Member States to decide whether trader participation in ADR should be mandatory or voluntary in sectors they deem fit. Having said that, whenever traders refuse to participate in an ADR procedure, they shall be required to provide written explanations.

One of the main objectives of the Commission proposal is to enhance the use of ADR in cross-border disputes through more customised assistance to consumers and traders. However, real-life examples show that ADR accessibility in cross-border disputes remains problematic, including in terms of language and applicable law. Achieving this objective will require focusing on providing ADR entities with sufficient knowledge, expertise and resources. Furthermore, currently many ADR entities operate on the basis of a general competence, with only a few Member States having ADR entities specialising in disputes related to travel and passenger rights[3]. Therefore, your Rapporteur would like to encourage specialisation of ADR entities, especially in the fields of transport and tourism, traditionally yielding high numbers of consumer complaints, including training of those in charge of ADR in relevant sectorial legislation to anticipate the best solutions of cross-border consumer complaints.

One of the basic principles of ADR is the good will of the parties – consumers and traders – to cooperate in finding an amicable solution to a dispute, its premise being awareness of the advantages of the ADR mechanism. Therefore, it is important to build incentives for traders to join the ADR schemes, informing them about benefits thereof: confidentiality, avoiding the risk of adverse publicity and reputational damage that could arise from a court case; deciding the outcome themselves rather than having it imposed on them; and flexibility in terms of the outcome, including achieving outcomes that a court could not order, or a result that the parties think is fairer than that dictated by law[4]. At the same time, it is crucial to enhance consumer awareness of and strengthen their trust in ADR, especially when resolving cross-border disputes. In this connection, your Rapporteur takes notice of numerous unregulated claims management companies, offering mediation in solving passenger air claims online for private profit[5], and stresses that, unaware of existence of the ADR entities or not trusting them to be independent and/or impartial, consumers tend to resort to the former. Indeed, as only a number of Member States have smoothly functioning ADR schemes, focusing on the quality (independence, impartiality, expertise, resources) of ADR entities, on information and assistance to consumers as well as on enhancing take-up rates of dispute resolution is crucial.

While welcoming the Commission proposal to establish ADR contact points with clearly defined tasks, your Rapporteur points out that European Consumer Centres that are well placed to perform such tasks, should work in cooperation with national ADR competent entities. Moreover, considering the cross-border nature of passenger and traveller rights, the Commission should work closely with European Consumer Centres, travel and tourism businesses, consumer organisations and other entities dealing with consumer rights, to promote best practices and knowledge needed to remove the obstacles faced by consumers and traders when using ADR procedures in the field of transport and tourism.

Finally, your Rapporteur broadly supports the Commission proposal to enable ADR entities to bundle similar cases against specific trader in cooperation with the national ADR competent authorities or the European Consumer Centres Network, as such a possibility would allow for representative action and ensure consistent ADR outcomes subjected to the same unfair commercial practices.

AMENDMENTS

The Committee on Transport and Tourism calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take the following into account:

Amendment  1

Proposal for a directive

Recital 2

Text proposed by the Commission	Amendment
(2) In 2019 the Commission adopted a report on the implementation of the Directive 2013/11/EU and of Regulation (EU) No 524/2013 of the European Parliament and of the Council2 which revealed that Directive 2013/11/EU has led to increased coverage of consumer markets by quality ADR entities throughout the Union. However, the report also identified that consumer and business uptake of ADR procedures was lagging behind in some sectors and Member States. One reason for this was the low level of awareness of traders and consumers about such procedures in Member States where they had only recently been introduced. Another reason was the lack of trust of consumers and traders in unregulated ADR entities. Data provided by national competent authorities in early 2022, as well as the evaluation of the implementation of the Directive 2013/11/EU conducted in 2023, suggest that the uptake remained relatively stable (apart from a small increase of cases related to Covid-19 pandemic). Most stakeholders consulted in the context of that evaluation confirmed that the lack of awareness and understanding of ADR procedures by consumers, low engagement by traders, gaps in ADR coverage in certain Member States, high costs and complex national ADR procedures and differences in the competences of ADR entities, are frequent factors hindering the uptake of ADR procedures. There are additional barriers in cross-border ADR like language, lack of knowledge of the applicable law, as well as specific access difficulties for vulnerable consumers. __________________ 2 Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 1).	(2) In 2019 the Commission adopted a report on the implementation of the Directive 2013/11/EU and of Regulation (EU) No 524/2013 of the European Parliament and of the Council2 which revealed that Directive 2013/11/EU has led to increased coverage of consumer markets by quality ADR entities throughout the Union. However, the report also identified that consumer and business uptake of ADR procedures was lagging behind in some sectors and Member States. One reason for this was the low level of awareness of traders and consumers about such procedures in Member States where they had only recently been introduced. Another reason was the lack of trust of consumers and traders in unregulated ADR entities. Data provided by national competent authorities in early 2022, as well as the evaluation of the implementation of the Directive 2013/11/EU conducted in 2023, suggest that the uptake remained relatively stable (apart from a small increase of cases related to Covid-19 pandemic). Most stakeholders consulted in the context of that evaluation confirmed that the lack of awareness and understanding of ADR procedures by consumers and traders as well as their low engagement, gaps in ADR coverage in certain Member States, high costs and complex national ADR procedures and differences in the competences of ADR entities, are frequent factors hindering the uptake of ADR procedures. There are additional barriers in cross-border ADR like language, lack of knowledge of the applicable law, as well as specific access difficulties for vulnerable consumers. This has contributed to the evolution of the ADR landscape into a variety of different systems in the EU, where – due to the different procedural rules and criteria across the Member States – traders representing complaint-intensive sectors such as transport and tourism, face challenges related to the use of dispute mechanisms in the cross-border context, which need to be addressed to create a more accessible, coherent and effective cross-border ADR framework, fostering trust and cooperation among consumers and traders.
	__________________ 2 Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 1).

Amendment  2

Proposal for a directive

Recital 2a

Text proposed by the Commission	Amendment
	(2a) Transport and tourism sectors are dealing with a high number of consumer complaints, especially related to air passengers rights. This, along with a high number of enquiries on the same issues, shows, on one hand, the existing awareness of the consumer rights framework in this field. On the other hand, this is an indication that ADR procedures should remain the last resort for well-founded consumer complaints before going to court with the aim of defending consumer rights to the fullest.

 

Amendment  3

Proposal for a directive

Recital 2b

Text proposed by the Commission	Amendment
	(2b) The focus of this Directive should be on strong incentives for consumers and traders to use ADR procedures. Therefore, in order for it to reach its full potential and deliver for consumers, participation of traders in the transport and tourism sectors could be made mandatory, when stipulated in national legislation of the Member States, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system. In particular, Member States should have a possibility to decide on national legislation to establish ADR systems in the transport and tourism sectors, ensuring equal representation of consumers and traders within the boards of ADR entities and a strong supervisory role of the competent authorities in relation to ADR entities. Where national legislation of the Member States makes the participation in such procedures voluntary, Member States should ensure that traders that choose not to participate are required to make the explanation for such choice publicly available.

Amendment  4

Proposal for a directive

Recital 2c

Text proposed by the Commission	Amendment
	(2c)  Only a number of Member States have a smoothly functioning ADR system. Gaining the trust of consumers and traders in ADR and increasing their participation in ADR procedures, notably related to the transport and tourism sectors, requires ensuring that the functioning and the work of ADR entities are of good quality. In order to enhance the take-up rates of dispute resolution, it is necessary to focus on their independence, impartiality, and resources as well as on the developing of the expertise of the staff of ADR entities in relevant sectorial legislation, such as passenger and traveller rights. To this end, Member States shall encourage ADR entities to provide training for natural persons in charge of ADR in relevant sectorial legislation to support ADR entities in providing the best assistance to consumers in resolving cross-border complaints. Furthermore, staff participating in ADR procedures shall be required to undergo mandatory annual training to ensure that their existing knowledge is kept up to date and in line with recent digital advancements.

Amendment  5

Proposal for a directive

Recital 11

Text proposed by the Commission	Amendment
(11) Member States should also enable ADR entities to bundle similar cases against a specific trader, to make ADR outcomes consistent for consumers subjected to the same illegal practice, and more cost-efficient for ADR entities and for traders. Consumers should be informed accordingly and should be given the opportunity to refuse from having their dispute bundled.	(11) Member States should also enable ADR entities to bundle similar cases, in close cooperation with the national ADR competent authorities and/or the European Consumer Centres Network, against a specific trader, to make ADR outcomes consistent for consumers subjected to the same illegal practice, and more cost-efficient for ADR entities and for traders. Consumers and traders should be informed accordingly and should be given the opportunity to refuse from having their dispute bundled.

Amendment  6

Proposal for a directive

Recital 13

Text proposed by the Commission	Amendment
(13) Under Directive 2013/11/EU, Member States may introduce national legislation to make trader participation in ADR compulsory in sectors they deem fit, in addition to sector-specific Union legislation which provides for mandatory participation of traders in ADR. To encourage traders’ participation in the ADR procedures and to ensure due and swift ADR procedures, traders should be required, especially in cases where their participation is not compulsory, to respond within a specific period to enquiries made by ADR entities on whether they intend to participate to the proposed procedure.	(13) Under Directive 2013/11/EU, Member States may introduce national legislation to make trader participation in ADR compulsory in sectors they deem fit, in addition to sector-specific Union legislation which provides for mandatory participation of traders in ADR. To encourage traders’ participation in the ADR procedures and to ensure due and swift ADR procedures, traders should be required, especially in cases where their participation is not compulsory, to respond within a specific period, not exceeding 15 working days, to enquiries made by ADR entities on whether they intend to participate to the proposed procedure.

Amendment  7

Proposal for a directive

Recital 15

Text proposed by the Commission	Amendment
(15) To provide effective assistance to consumers and traders in cross-border disputes, it is necessary to ensure that Member States establish ADR contact points with clearly defined tasks. European Consumer Centres (“ECCs”) are well placed to perform such tasks, as they are specialised in assisting consumers with issues with their cross-border purchases, but Member States should also be able to choose other bodies with relevant expertise. Those designated ADR contact points should be communicated to the Commission.	(15) In several Member States consumers and traders are still insufficiently informed about the existence of and services offered by ADR entities. To provide effective assistance to consumers and traders in cross-border disputes, it is necessary to ensure that Member States establish ADR contact points with clearly defined tasks. European Consumer Centres (“ECCs”) are well placed to perform such tasks, in close cooperation with national ADR competent entities, as they are specialised in assisting consumers with issues with their cross-border purchases, but Member States should also be able to choose other bodies with relevant expertise and ensure that they have adequate budgetary and human resources. Those designated ADR contact points should be communicated to the Commission.

Amendment  8

Proposal for a directive

Recital 17 a (new)

Text proposed by the Commission	Amendment
	(17a) Traders should provide information about the ADR contact point to consumers on their webpage, to keep up to the current trends of online commerce and functioning of online platforms.

Amdendment  9

Proposal for a directive

Article 1 – paragraph 1 – point -1 (new)

Directive 2013/11/EU

Article 1

Present text	Amendment
Article 1	Article 1
Subject matter	Subject matter
The purpose of this Directive is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market by ensuring that consumers can, on a voluntary basis, submit complaints against traders to entities offering independent, impartial, transparent, effective, fast and fair alternative dispute resolution procedures. This Directive is without prejudice to national legislation making participation in such procedures mandatory, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system.	The purpose of this Directive is, through the achievement of a high level of consumer protection, to contribute to the proper functioning of the internal market by ensuring that consumers can, on a voluntary basis, submit complaints against traders to entities offering independent, impartial, transparent, effective, fast and fair alternative dispute resolution procedures. This Directive is without prejudice to national legislation making participation of traders in the transport and tourism sectors, among others, in such procedures mandatory, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system. Where national legislation of the Member States makes the participation in such procedures voluntary, Member States shall ensure that traders that choose not to participate are required to make the explanation for such choice publicly available.

Amendment  10

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive 2013/11/EU

Article 5

Text proposed by the Commission	Amendment
	1 a. Trader not legally established in the territory of any Member State offering goods or services or marketing in the EU, including digital content and digital services, shall participate in an ADR mechanism and comply with consumer ADR rules.
	(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Justification

The amendment broadens the scope of the Alternative Dispute Resolution Directive by including non-EU traders and mandating their compliance with local ADR entities where they offer goods or services in the EU. This move aims to enhance global consumer protection, providing EU consumers with consistent and accessible dispute resolution mechanisms. By harmonizing ADR procedures, the amendment ensures operational consistency and prevents discrimination based on consumers' domiciles. The commitment to additional consumer-friendly measures further underscores the EU's dedication to fostering trust and fairness in cross-border transactions, ultimately strengthening consumer rights within the EU marketplace.

Amdendment  11

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive 2013/11/EU

Article 5 – paragraph 2 – point aa (new)

Text proposed by the Commission	Amendment
	(aa) ensure that consumers can submit complaints in the country where he or she resides against traders established outside of their country of residence;

Amdendment  12

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive 2013/11/EU

Article 5 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) grant the right to the parties to the dispute to request that the outcome of the ADR procedure be reviewed by a natural person when the procedure was carried out by automated means;	(c) grant the right to the parties to the dispute to request that the outcome of the ADR procedure be reviewed and ensure that it is reviewed by a natural person when the procedure was carried out by automated means;

Amdendment  13

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive 2013/11/EU

Article 5 – paragraph 2 – point d

Text proposed by the Commission	Amendment
(d) may bundle similar cases against one specific trader into one procedure, under condition that the consumer concerned is informed and does not object to that;	(d) may bundle similar cases against one specific trader into one procedure, under condition that the consumer and the trader concerned are informed and do not object to that;

Amendment  14

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point d

Directive 2013/11/EU

Article 5 – paragraph 8

Text proposed by the Commission	Amendment
8. Member States shall ensure that traders established in their territories that are contacted by an ADR entity from their country or from another Member State, inform that ADR entity whether, or not, they accept to participate in the proposed procedure and reply within a reasonable period of time that shall not exceed 20 working days.	8. Member States shall ensure that traders established in their territories that are contacted by an ADR entity from their country or from another Member State, inform that ADR entity whether, or not, they accept to participate in the proposed procedure and reply within a reasonable period of time that shall not exceed 15 working days. Information of traders to consumers regarding their willingness to participate in the ADR procedure shall be clear, comprehensible and easily accessible, ensuring that consumers are aware of the trader’s stance before concluding the contract. Whenever traders refuse to participate in the ADR procedure, they shall provide a written explanation.

Amendment  15

Proposal for a directive

Article 1 – paragraph 1 – point 3 a (new)

Directive 2013/11/EU

Article 6 – paragraph 1 – point a

Present text	Amendment
Article 6	3a. “Article 6
Expertise, independence and impartiality	Expertise, independence and impartiality
1. Member States shall ensure that the natural persons in charge of ADR possess the necessary expertise and are independent and impartial. This shall be guaranteed by ensuring that such persons: (a) possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law;	1. Member States shall ensure that the natural persons in charge of ADR possess the necessary expertise and are independent and impartial. This shall be guaranteed by ensuring that such persons: (a) possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law and expertise, in particular EU consumer law, when dealing with cross-border cases;”

Amendment  16

Proposal for a directive

Article 1 – paragraph 1 – point 3 b (new)

Directive 2013/11/EU

Article 6 – paragraph 6

Present text	Amendment
6. For the purposes of point (a) of paragraph 1, Member States shall encourage ADR entities to provide training for natural persons in charge of ADR. If such training is provided, competent authorities shall monitor the training schemes established by ADR entities, on the basis of information communicated to them in accordance with point (g) of Article 19(3).	3b. Article 6, paragraph 6 is replaced by the following: “6. For the purposes of point (a) of paragraph 1, Member States shall encourage ADR entities to provide training for natural persons in charge of ADR in relevant sectorial legislation. If such training is provided, competent authorities shall monitor the training schemes established by ADR entities, on the basis of information communicated to them in accordance with point (g) of Article 19(3).”

Amendment  17

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2013/11/EU

Article 14 – paragraph 2

Text proposed by the Commission	Amendment
2. Each Member State shall designate an ADR contact point in charge of the task referred to in paragraph 1. Each Member State shall communicate the name and contact details of its ADR contact point to the Commission. Member States shall confer responsibility for the operation of the ADR contact points on their centre belonging to the European Consumer Centres Network, or, if not possible, on consumer organisations or on any other body dealing with consumer protection.	2. Each Member State shall designate an ADR contact point in charge of the task referred to in paragraph 1. Each Member State shall communicate the name and contact details of its ADR contact point to the Commission. Member States shall confer responsibility for the operation of the ADR contact points on their centre belonging to the European Consumer Centres Network, or, if not possible, on consumer organisations or on any other body dealing with consumer protection, including national ADR competent authorities.

Amendment  18

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2013/11/EU

Article 14 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Traders shall provide information about the ADR contact point. Such information must be distinctly presented, separate from other content on the traders' websites, ensuring clear visibility and accessibility for consumers.

Amendment  19

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2013/11/EU

Article 14 – paragraph 3 – point c

Text proposed by the Commission	Amendment
	(c) providing the parties with explanations on the procedural rules applied by the specific ADR entities, such as specific timeframes in communication;

Amendment  20

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2013/11/EU

Article 14 – paragraph 8

Present text	Amendment
8. The Commission shall develop and maintain a digital interactive tool that provides general information on consumer redress and links to the webpages of the ADR entities notified to it in accordance with paragraph 2 of this Article.	8. The Commission shall develop and maintain a digital interactive tool that provides general information on consumer redress and links to the webpages of the ADR entities notified to it in accordance with paragraph 2 of this Article. Due to the cross-border nature of passenger and traveller rights, the Commission shall work closely with European Consumer Centres, business from the sector of transport and tourism, consumer organisations and other entities dealing with consumer rights, to promote best practices and knowledge necessary to remove obstacles faced by consumers and traders when resorting to ADR procedure in this specific field.

Amendment  21

Proposal for a directive

Article 1 – paragraph 1 – point 8a (new)

Directive 2013/11/EU

Article 20 – paragraph 5

Text proposed by the Commission	Amendment
5. Each competent authority shall make publicly available the consolidated list of ADR entities referred to in paragraph 4 on its website by providing a link to the relevant Commission website. In addition, each competent authority shall make publicly available that consolidated list on a durable medium.	8a. In Article 20, paragraph 5 is replaced by the following: “5. Each competent authority shall make publicly available the consolidated list of ADR entities referred to in paragraph 4 on its website by providing a link to the relevant Commission website. In addition, each competent authority shall make publicly available that consolidated list on a durable medium. Each competent authority shall make publicly available the explanations whenever the traders refuse to participate in an ADR procedure.”

 

 

ANNEX: ENTITIES OR PERSONS
FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:

Entity and/or person

BEUC

APAVT - Associação Portuguesa das Agências de Viagens e Turismo

Ryanair

 

The list above is drawn up under the exclusive responsibility of the rapporteur.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	Amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828
References	COM(2023)0649 – C9-0384/2023 – 2023/0376(COD)
Committee responsible  Date announced in plenary	IMCO 20.11.2023
Opinion by  Date announced in plenary	TRAN 20.11.2023
Rapporteur for the opinion  Date appointed	Cláudia Monteiro de Aguiar 9.11.2023
Discussed in committee	22.1.2024
Date adopted	14.2.2024
Result of final vote	+: –: 0:	23 1 15
Members present for the final vote	Magdalena Adamowicz, Izaskun Bilbao Barandica, Karolin Braunsberger-Reinhold, Marco Campomenosi, Ciarán Cuffe, Jakop G. Dalunde, Karima Delli, Mario Furore, Isabel García Muñoz, Jens Gieseke, Elsi Katainen, Elena Kountoura, Bogusław Liberadzki, Benoît Lutgen, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Tilly Metz, Caroline Nagtegaal, Philippe Olivier, Rovana Plumb, Bergur Løkke Rasmussen, Dominique Riquet, Massimiliano Salini, Barbara Thaler, Achille Variati, Henna Virkkunen, Petar Vitanov
Substitutes present for the final vote	Pablo Arias Echeverría, Sara Cerdas, Markus Ferber, Roman Haider, Ondřej Kovařík, César Luena, Ljudmila Novak, Inma Rodríguez-Piñero
Substitutes under Rule 209(7) present for the final vote	Alicia Homs Ginel, Moritz Körner, Hannah Neumann, Francesca Peppucci

 

 

 

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

23	+
ID	Marco Campomenosi, Roman Haider, Philippe Olivier
NI	Mario Furore
PPE	Magdalena Adamowicz, Pablo Arias Echeverría, Karolin Braunsberger-Reinhold, Markus Ferber, Jens Gieseke, Elżbieta Katarzyna Łukacijewska, Benoît Lutgen, Marian-Jean Marinescu, Ljudmila Novak, Francesca Peppucci, Massimiliano Salini, Barbara Thaler, Henna Virkkunen
Renew	Izaskun Bilbao Barandica, Elsi Katainen, Ondřej Kovařík, Caroline Nagtegaal, Bergur Løkke Rasmussen, Dominique Riquet

 

1	-
Renew	Moritz Körner

 

15	0
S&D	Sara Cerdas, Isabel García Muñoz, Alicia Homs Ginel, Bogusław Liberadzki, César Luena, Rovana Plumb, Inma Rodríguez-Piñero, Achille Variati, Petar Vitanov
The Left	Elena Kountoura
Verts/ALE	Ciarán Cuffe, Jakop G. Dalunde, Karima Delli, Tilly Metz, Hannah Neumann

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Amending Directive 2013/11/EU on alternative dispute resolution for consumer disputes, as well as Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828
References	COM(2023)0649 – C9-0384/2023 – 2023/0376(COD)
Date submitted to Parliament	17.10.2023
Committee responsible  Date announced in plenary	IMCO 20.11.2023
Committees asked for opinions  Date announced in plenary	TRAN 20.11.2023	JURI 20.11.2023
Not delivering opinions  Date of decision	JURI 29.11.2023
Rapporteurs  Date appointed	Laura Ballarín Cereza 10.11.2023
Discussed in committee	24.1.2024	13.2.2024
Date adopted	22.2.2024
Result of final vote	+: –: 0:	40 0 0
Members present for the final vote	Pablo Arias Echeverría, Laura Ballarín Cereza, Adam Bielan, Biljana Borzan, Anna Cavazzini, Dita Charanzová, Deirdre Clune, Virginie Joron, Antonius Manders, Beata Mazurek, Leszek Miller, Anne-Sophie Pelletier, René Repasi, Andreas Schwab, Tomislav Sokol, Róża Thun und Hohenstein, Marion Walsmann
Substitutes present for the final vote	Marc Angel, Geert Bourgeois, Claude Gruffat, Francisco Guerreiro, Ivars Ijabs, Włodzimierz Karpiński, Karen Melchior, Tsvetelina Penkova, Catharina Rinzema, Kosma Złotowski
Substitutes under Rule 209(7) present for the final vote	Pascal Arimont, Patrick Breyer, Sara Cerdas, Asger Christensen, Pascal Durand, Georgios Kyrtsos, Emmanuel Maurel, Eva Maydell, Wolfram Pirchner, Caroline Roose, Sabine Verheyen, Petar Vitanov, Axel Voss
Date tabled	26.2.2024

 

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

40	+
ECR	Adam Bielan, Geert Bourgeois, Beata Mazurek, Kosma Złotowski
ID	Virginie Joron
PPE	Pablo Arias Echeverría, Pascal Arimont, Deirdre Clune, Włodzimierz Karpiński, Antonius Manders, Eva Maydell, Wolfram Pirchner, Andreas Schwab, Tomislav Sokol, Sabine Verheyen, Axel Voss, Marion Walsmann
Renew	Dita Charanzová, Asger Christensen, Ivars Ijabs, Georgios Kyrtsos, Karen Melchior, Catharina Rinzema, Róża Thun und Hohenstein
S&D	Marc Angel, Laura Ballarín Cereza, Biljana Borzan, Sara Cerdas, Pascal Durand, Leszek Miller, Tsvetelina Penkova, René Repasi, Petar Vitanov
The Left	Emmanuel Maurel, Anne-Sophie Pelletier
Verts/ALE	Patrick Breyer, Anna Cavazzini, Claude Gruffat, Francisco Guerreiro, Caroline Roose

 

0	-

 

0	0

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

• [1]  Not yet published in the Official Journal.
• [2] Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR), OJ L 165, 18.6.2013, p. 63.
• [3] Alternative Dispute Resolution in the Air Passenger Rights Sector, European Consumer Centres Network, September 2019, p. 1.
• [4] Most ADR entities in the Nordic and Baltic countries can make decisions regardless of whether the trader participates in the scheme or not, which also gives traders a strong incitement to participate in ADR. See “ADR in the Nordic and Baltic countries”, a comparative study prepared by the European Consumer Centres in Denmark, Estonia, Finland, Iceland, Latvia, Lithuania, Norway & Sweden, 11 May 2023.
• [5] Airclaim, Airhelp, Fairplane, Flightright, Myflyright, Oroskundas, Ritardoaereo, Skycop, Skyrefund, etc.