Council Resolution of 25 May 2000 on a Community-wide network of national bodies for the extra-judicial settlement of consumer disputes
Date: 2000-05-25
Institutions: Council of the European Union
Subjects: consumer information, consumer movement, consumer protection, ordinary court of law, product safety, public health

6.6.2000

EN

Official Journal of the European Communities

C 155/1

I

(Information)

COUNCIL

COUNCIL RESOLUTION

of 25 May 2000

on a Community-wide network of national bodies for the extra-judicial settlement of consumer
disputes

(2000/C 155/01)

THE COUNCIL OF THE EUROPEAN UNION,

1. NOTES the rapid development of new forms of marketing
of goods and services, in particular through e-commerce,
and thereby also an increase in cross-border consumer
transactions which will be further enhanced through the
introduction of the euro.

2. REAFFIRMS its concern as regards strengthening consumers’
confidence in the functioning of the internal market and
their capacity to take full advantage of the opportunities it
offers.

3. CONSIDERS that, to this end, in addition to improved access
to justice, as also envisaged by the Tampere European
Council on 15 and 16 October 1999, the development of
practical, efficient and inexpensive procedures
the
extra-judical settlement of consumer disputes should be
promoted at national and,
in an appropriate form, at
Community level.

for

4. UNDERLINES that any initiative should:

(cid:151) be based on voluntary participation,

(cid:151) not deprive the consumer of his right of access to the
courts as acknowledged in Article 6(1) of the European
Human Rights Convention,

(cid:151) not prejudice any other means of administrative or

judicial redress,

(cid:151) fully take account of national legal provisions, tradition
and practice, as well as of
the Convention of 27
September 1968 on Jurisdiction and the Enforcement
of Judgments in Civil and Commercial Matters, and

(cid:151) not prejudge the on-going discussion on jurisdiction
judgements

and the recognition and enforcement of
in civil and commercial matters.

5. RECALLS its conclusions of 25 November 1996 on the
Commission action plan on consumer access to justice
and the settlement of consumer disputes in the internal
market, which includes a reference to the Consumer
Claim Form, and its Resolution of 19 January 1999 on
the Consumer Dimension of the Information Society (1).

6. NOTES that Commission Recommendation 98/257/EC on
the principles applicable to the bodies responsible for
an
out-of-court
important contribution to the establishment and devel-
opment of national bodies.

consumer disputes

settlement of

is

7. NOTES that out-of-court bodies exist

the
they do not

in Member States
scope of Recommendation
which fall outside
98/257/EC, as
formally propose and/or
impose a solution, but merely attempt to find a solution
by common consent, and which therefore are not expected
to apply all the principles established in the Recommen-
dation, but which also play a useful role for the consumer.

8. WELCOMES the Commission working document on the
creation of a European Extra-Judicial Network (EEJ-Net).

9. WELCOMES the Commission’s suggestion to include in the
EEJ-Net, where appropriate, out-of-court bodies or schemes
falling outside the scope of Recommendation 98/257/EC
and suggests that Member States see to it that such bodies
the criteria to be developed as
or schemes apply all
outlined in point 11(5).

10. INVITES the Member States to:

(1) encourage the activities of bodies for the out-of-court
settlement of consumer disputes, also as regards trans-
the
border
setting-up of such bodies, on the basis of Recommen-
dation 98/257/EC;

transactions,

appropriate,

and where

(1) OJ C 23, 28.1.1999, p. 1.

C 155/2

EN

Official Journal of the European Communities

6.6.2000

(Clearing House)

(2) taking account of point 4 above and in the light of the
ongoing discussion among stakeholders, create or
designate, in addition, in each Member State a central
point
information,
guidance, practical support and practical assistance to
consumers in order to facilitate their access to the
relevant out-of-court bodies or schemes at national
level or, where appropriate,
the
supplier, as well as to the contact points in other
Member States;

in the country of

to provide

(3) encourage

cooperation between professional

and
economic organisations and consumer organisations
with a view to:

(cid:151) contributing to the activities of out-of-court bodies

and the contact points,

(cid:151) promoting,

in this context,
dispute settlement schemes,
on-line application;

the creation of new
in particular with an

(4) encourage companies, as well as professional and
in affiliation or
economic organisations,
association with out-of-court bodies in Member States
where they or
their members do business with
consumers;

to act

(5) communicate to the Commission, if they have not yet
done so, the bodies applying the principles of Recom-
mendation 98/257/EC as well as, where appropriate,
other out-of-court bodies or schemes.

(2) take action to facilitate the networking of the national
central points to form a Community-wide extra-judicial
network
out-of-court
facilitate
settlement of transborder disputes;

designed

the

to

(3) support

the above network,

in accordance with
Decision No 283/1999/EC of the European Parliament
and of the Council of 25 January 1999 establishing a
general framework for Community activities in favour
of consumers (1), and within the limits of the financial
framework determined therein;

(4) support on a techncial basis the setting up and coor-
in particular by
dination of national central points,
means of technical devices for on-line communication
and translation facilities;

(5) develop in close cooperation with Member States
common criteria for the assessment of out-of-court
bodies falling outside the scope of Recommendation
98/257/EC; these criteria should ensure, inter alia, the
quality, fairness and effectiveness of such bodies;

(6) consider also encouraging out-of-court bodies and
central points to develop, as far as possible, practical
arrangements in favour of
inter alia,
where appropirate, the use of (cid:151) especially where a
contract has been concluded at a distance (cid:151) a
written or on-line procedure,
in particular in trans-
frontier dispute settlement, so as to avoid the need
for the consumer to travel.

the consumer,

11.

INVITES the Commission to:

(1) assist Member States, where appropriate, on a technical
basis
existing
in the promotion of activities of
out-of-court bodies and in the establishment of new
bodies;

12. INVITES Member States to keep the Commission regularly
the development of national bodies and
informed of
central points;
the Commission to report
regularly to the Council on the development of an
EEJ-Net and other more specialised networks established
for similar purposes.

INVITES

(1) OJ L 34, 9.2.1999, p. 1.