WRITTEN QUESTION E-3158/00

by Gerhard Hager (NI) to the Commission

(10 October 2000)

Subject: Out-of-court settlement offices

In the context of the EEJ-NET (European Extra-Judicial Network) project, the Commission is currently working, with all the alternative dispute settlement offices notified by the Member States, and with representatives of the Member States, to discuss the practical problems of cross-border disputes settlement.

In the light of the Commission proposal for a Council Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, together with the amendments adopted by the European Parliament particularly as regards the creation of out-of-court settlement mechanisms, I should like to ask the Commission the following:

1. What stage has the work in the EEJ-NET reached?

2. Have the organisations involved come to any agreement on the creation of clearing houses?

3. In what form is the Commission cooperating with non-European bodies similarly concerned with the creation of out-of-court settlement mechanisms in the context of e-commerce, and which bodies are these?

4. Does the Commission intend within the foreseeable future to replace in respect of e-commerce its Recommendation 98/257/EC(1), on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes, with a directive?

5. What does the Commission feel about the idea of creating a single, EU-wide out-of-court settlement office for e-commerce?

6. Does the Commission have any views on the idea of creating a single EU-wide court for the settlement of disputes in the e-commerce field, which would continue to operate according to the national law applicable to each case?

(1) OJ L 115, 17.4.1998, p. 31.

Answer given by Mr Byrne on behalf of the Commission

(11 December 2000)

The Council adopted on 13 April 2000 a resolution on a Community wide network of national bodies for the extra-judicial settlement of consumer disputes(1) in which Member States gave their commitment to the establishment of the European extra-judicial network (EEJ)-Net. Member States now have the responsibility for establishing a single contact point (or clearing house) in their territory. This will enable the consumer to contact, in the event of a dispute with an enterprise, the clearing house for information and support on making a claim to an out-of-court dispute resolution system in the place where the business is located. In order to respect the principle of subsidiarity and ensure that consumers had easy access to these services it was left to Member States to establish a national contact point. It was not felt to be either appropriate or necessary to establish a central out-of-court settlement office.

Most Member States have informed the Commission that they are currently considering what structures would best be suited to perform the role of the clearing house. The Commission held a meeting of government experts on 7 November 2000. All Member States fully endorse the establishment of this network. The majority of Member States have now either designated the structures they will use as national clearing houses or are considering specific options. The aim of this meeting was to discuss the establishment of minimum functions for the clearing houses when they first come into operation, and develop a memorandum of understanding setting out some common rules for mutual communication. A further meeting is scheduled for February or March 2001 to finalise these common rules and obtain a full status report of developments with a view to considering a provisional operation date for the network.

The Commission has no plans to replace Commission Recommendation 98/257/EC of 30 March 1998 on the principles applicable to the bodies responsible for out-of court settlement of consumer disputes which contains technologically neutral principles covering both on and off-line out-of-court dispute resolution schemes. The EEJ-Net will initially consist of all the schemes that have been notified to the Commission by Member States as complying with the principles contained in the Recommendation. However, the Council has invited the Commission to consider further criteria for schemes that fall outside the scope of the Recommendation with a view to widening the network. These include schemes that have procedures that merely involve bringing the parties together to find a solution by common consent, for example, mediation. The Commission is now considering additional guidelines providing minimal guarantees of consistent and reliable standards in order to promote confidence in such procedures.

The Commission sees the EEJ-Net initiative as a starting point. It draws upon the experience it has of addressing cross border issues. E-commerce and greater trade liberalisation means that consumers are increasingly moving beyond the confines of a single country or region. The Commission therefore places a high value on international co-operation, particularly with the United States, in order to encourage the most rapid development of practical on-line alternative dispute resolution (ADR) that meets the needs and concerns of all interested parties.

As regards judicial settlement of disputes in the e-commerce field, national courts remain competent. The questions raised by the cross-border nature of the disputes are subject to rules of private international law related to jurisdiction and applicable law, which apply whether or not the dispute has arisen in the context of e-commerce. National courts can always, and in some cases must, refer to the Court of justice by way of preliminary ruling when the case raises a question of interpretation of Community law.

(1) OJ C 155, 6.6.2000.