The Online-Schlichter Î Aim of the Project: out-of-court settlement of consumer disputes deriving from e-commerce

Î Partners: Ministry of Rural Affairs and Consumer Protection of the German federal state of Baden-Württemberg since May 2009, the Ministry for Environment, Energy, Agriculture and Consumers of the German Federal State of Hessen since July 2011, the Bavarian State Ministry of Justice and Consumer Protection since April 2012, Trusted Shops since April 2012, the Senate Administration for Justice and Consumer Protection Berlin since December 2012, DEVK- Versicherungen since January 2013 and the Ministry for Justice and Consumer Protection Rhineland-Palatinate since March 2013 and BDD (Bundesverband Direktvertrieb Deutschland) since April 2013.

Î Project leader: Zentrum für Europäischen Verbraucherschutz e.V. (Centre for Consumer Protection in Europe)

For most European consumers, e-commerce has become an essential way of consumption and a tangible reality for the European Consumer Centres France and Germany: In recent years, about 70% of the cases handled are related to transactions concluded online. Often, when the amount in dispute is low, consumers want to avoid engaging in costly judicial proceedings, considered long and complicated. Conversely, online dispute resolution is as simple as buying on the Internet: from home and without an appointment, the parties in dispute may agree on a solution, thanks to the help of the mediator.

With this in mind, and devoted to helping consumers in the amicable settlement of their disputes, the Centre for Consu-mer Protection in Europe has established mid-June 2009 the “Online-Schlichter Baden-Württemberg”. In the first phase, the project was exclusively financed by the Ministry of Rural Affairs and Consumer Protection of the German federal state of Baden-Württemberg. Between 2011 and 2013 the scope of the ODR increases, new Länder join the project: the Ministry for Environment, Energy, Agriculture and Consumers of the German Federal State of Hessen, in July 2011, the Bavarian State Ministry of Justice and Consumer Protection in April 2012, the Senate Administration for Justice and Consumer Protection Berlin in December 2012 and the Ministry for Justice and Consumer Protection Rhineland-Palatinate in March 2013. 3 private partners also joined in on this project: the trustmark “Trusted Shops” in April 2012, the German legal expenses insurance DEVK in January 2013 and the German Direct Selling Association (the Bundesverband Direktvertrieb Deutschland e.V., BDD) in April 2013. The project partners are currently funding two lawyers who act as mediators.

The Online-Schlichter conforms to the Commission Recommendation 98/257/EC and was notified in 2010 by the German federal Ministry of Justice to the European Commission, http://ec.europa.eu/consumers/redress_cons/ecc_germany_en.htm. The amicable settlement of disputes is one of the priorities of the European Union. In December 2012, the European Commission has presented its policy to promote the creation of extrajudicial dispute resolution bodies respecting quality criteria. The aim is to cover all fields of consumer issues. The Centre for Consumer Protection in Europe is actively involved in the development of amicable dis-pute settlement in Europe. In February 2012, EU-Commissioner for consumer affairs, John Dalli, visited the Centre and praised the efficiency of the “Online-Schlichter“ as being an innovative and pioneering project.

Context

Content of the projeCt

• Amicable settlement of complaints from consumer living in Baden-Württemberg, Bavaria, Berlin, Hessen and Rhineland-Palatinate against cybermerchants established in Germa-ny or complaints from European consumers against cybermerchants of Baden-Württem-berg, Bavaria, Berlin, Hessen and Rhineland-Palatinate. Are also assigned to the Online- Schlichter disputes involving traders certified by Trusted Shops, consumers having subscri-bed a legal expenses insurance by the DEVK or traders adhering to the BDD.

• The ODR being specialized in e-commerce, the dispute has to be related to a transaction concluded online.

• Interactive online complaint form with the possibility to attach documents allows easy sub-mitting of the complaint and facilitates case handling.

• Email communication with the parties involved ensures fast and free of charge complaint handling.

results

objeCtives

• Since the establishment in 2009, the satisfaction rate is approx. 66%.

• Average length of procedure: 1.5 month, which is less than the average procedure before a fist instance court in Germany.

• The solution proposed by the Online-Schlichter is often accepted by both parties, the consu-mer and the trader.

• More than 130,000 visitors on www.online-schlichter.de in 2012.

• 187 press articles and TV and radio coverage could be collected for 2012.

• Amicable settlement of consumer disputes linked to e-commerce

• In the medium term, the Online-Schlichter should be competent nationwide, to be accessible to all consumers living in Germany. Also, the Online-Schlichter should continue handling cross-border cases in cooperation with the European Consumer Centres.

• Establishing a European model in the light of the new ADR directive and ODR regulation (Directive 2013/11/EU and Regulation (EU) 524/2013 )

The Online-Schlichter

Date of publication: April 2013