Protection of consumers: access to justice and settlement of disputes in the internal market
1996/2047(COS)
"1. The Council 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.
2. The Council considers that this concern also encompasses the possibility
for consumers to settle disputes in an efficient and expedient manner by
way of out-of-court and other comparable procedures, in particular in a
transboundary context. It notes that such a possibility already exists
in some Member States.
The Council notes furthermore that such an approach is without prejudice
to the need to ensure consumers' access to justice.
3. The Council takes note of the Commission's intention, as explained in
its communication, to implement an action plan in this field.
It supports the general concept of pilot projects on a voluntary basis
in several Member States.
4. The Council considers, however, that the objective of pilot projects
should be to explore and test in more detail the experiences and good
practice in Member States and not to seek the eventual harmonization of
national systems and practices.
5. The pilot projects should respect and take fully into account the
variety of existing national bodies and structures, in compliance with
existing national legislation.
6. The criteria that the pilot projects should apply are:
- impartiality of the body responsible for handling disputes;
- effectiveness of the procedure;
- transparency of the procedure.
7. As regards transboundary disputes, the pilot projects should build on
the cooperation between existing bodies and structures.
8. The Council notes with interest the Commission's intention to test, on a
voluntary basis, for this transboundary cooperation and as a means of
simplification of practices, forms which will be used by the consumer.
It considers that the use of such forms should take account of
experiences which several Member States have already had in this
respect.
9. The Council notes the timetable envisaged by the Commission in Annex I
of its communication and asks the Commission to report to Council on the
result of the pilot projects before 30 June 2000. The Council will
examine this report with a view to the appropriate follow-up to be given
to the pilot projects."
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