1. Konsument Europa/ European
Consumer Centre (ECC) Sweden
ADR in cross-border
disputes - practical examples
September, 2013

2. Konsument Europa/ECC Sweden
•
•
•
•
•
Independent unit within the
Swedish Consumer Agency SCA
(CPC, NEB)
Offers consumer advise in crossborder matters
Part of the European Consumer
Center Network, the ECC-Net
Co-financed by the European
Commission and the Swedish
Consumer Agency 50/50
Goal - inform European
consumers so they can take full
advantage of the opportunities
offered by the Internal Market.

3. European Consumer Centres (ECC)
•
Centres in 28 member states + Norway and Iceland.
•
Aim - promote consumer confidence in cross-border transactions.
•
Provides information and advice on consumer rights within the EU and
feedback to the European Commission and other stakeholders based on
practical experiences of case-handling.
•
Assistance for the extrajudicial resolution of cross-border complaints and
promotion of alternative dispute resolution and online dispute resolution.
Regular exchanges with ADR-bodies, notified and non notified ADRs.
•
Public information campaigns, reports, projects, surveys, publications
and consultations.
•
In 2012 the ECC-Net handled 72 067 contacts. 32 197 were complaints,
32% concerned the transport sector of which 21,6 % were air transport.

4. ECC - Handling of complaints using
ADR/ODR schemes
Consumer
Consumer ECC- EU
Norway or Iceland
National
Traders
Trader EU,
Norway or Iceland
Trader ECC- EU
Norway or Iceland
Alternative Dispute Resolution (ADR)
Online Dispute Resolution (ODR)
National Enforcement Bodies (NEB)
Consumer Protection Cooperation (CPC)

5. The National Board for Consumer Disputes
• Public authority, ARN functions like a court. (1968)
Soon also Online Dispute Resolution (ODR)
• Main task - to impartially try disputes between
consumers and business operators free of charge.
• Petitions are filed only by the consumer in writing.
• The Board's recommendations are not binding, but the
majority of companies follow them (2012:76%).
• Provides for collective procedures.
• Chairperson is a lawyer (court experience).
• Consumer’s and trader’s representatives.

6. ARN – the procedure
• No mediation – the boards decides according to the
legal rules.
• Value limitations: 500 SEK, 1 000 SEK, 2 000 SEK.
• The parts has to prove their statements, no investigation
by the board.
• The average duration is 5 to 6 months.
• The decision is a recommendation.
Black list published twice a year in the Swedish consumer
magazine Råd & Rön “naming and shaming”
http://www.radron.se/svarta-listan/?industry=5

7. Cross border issues
•
•
•
•
Since the decision is not binding and not enforceable,
the board accepts cases, where it is probable that the
trader will follow the recommendation.
Considerations to decide if a dispute can be handled by
the ARN board:
Place of business or establishment in Sweden
Marketing to Sweden
Place where the service has to be performed
Place of incident

8. Practical examples
An Estonian consumer ordered a car engine for 3 315
EUR from a company in Sweden. The engine was not
delivered and the consumer turned to ECC Estonia, who
shared the case with ECC Sweden.
ECC Sweden contacted the company, but the case could
not be resolve through mediation. The case was sent to
ARN and they recommended the company to reimburse
3 315 Euros to the consumer.

9. Practical examples
A Norwegian consumer bought a puppy from a Kennel in
Sweden. After veterinary inspection, it turned out that the
dog had Patella luxation on two legs. The consumer
contacted the seller and complained, demanded a price
reduction. The seller refused, so the consumer turned to
ECC Norway.
ECC Sweden received the case and contacted the seller,
but the seller was not willing to agree to a price reduction.
The case was sent to ARN and they recommended the seller
to give the consumer a price reduction by 865 Euros.

10. ADR cases regarding the volcanic ash cloud
By May 2011, the Swedish ADR had received 492 volcanic
ash related cases, of which 309 have been handled.

11. Dismissed & rejected cases
Due to
withdrawal 7 %

12. Statistics cross-border cases
2009
2010
2011
2012
2013
until
19 Sep
10 682
9 335
9 358
11 531
8 009
Complainant from
other country
140
176
169
167
139
Trader from other
country
285
489
484
629
478
Total cross-border
425
665
653
796
(50)
617
(42)
7,12 %
6,97 %
6,90 %
7,70%
Total disputes
(C in contact with ECC SE)
Total cross-border in
percentage
3,98 %

13. Statistics – type of decisions
Decision
2011
2012
Foreign Foreign
cons
trader
Foreign
cons
2013 until 19/9
Foreign
trader
Foreign Foreign
cons
trader
In favor of
consumer
54
170
43
173
5
32
Rejected
57
147
50
227
27
109
Solved without
decision
28
74
31
103
16
78
Other
(withdrawal etc.)
30
193
42
112
17
38
1
14
74
221
167
629
139
478
Not decided
Total disputes
169
484

14. Reasons why cases are not
transferred to ADR
• No competent ADR
• ADR with only regional competence
• ADR requires that trader is a member of a
certain trade association
• ADR requires that the trader accepts ADRhandling on a case by case basis which the
trader does not
• Consumer not interested due to fees at the ADR

15. Thank you for your attention!