a) First solution: Consumer experts contact the suppliers and mediate between them and the users
b) Second solution: Alternative Resolution systems
c) Third solution: legal proceedings
Cross-border Consumer Claims - Alternative Resolution systems-
1º) ADR database: names and contact details of the bodies responsible and which Member States and EEA countries consider to be in conformity with the Commission Recommendations 98/257/CE and 2001/310/CE
2º) European Consumer Centres provide consumers with information about the procedures involved and can help them to access such bodies in another country
Advantage of ADR?
-Flexibility, cheaper, quicker and more informal than Courts
1.In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this Section,[…], if:
(a) it is a contract for the sale of goods on instalment credit terms; or
(b) it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or
(c) in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the Member State of the consumer's domicile or, by any means (=INTERNET) , directs such activities to that Member State or to several States including that Member State, and the contract falls within the scope of such activities.
1-the parties may choose the law applicable to a contract but such a choice may not have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
2- law of the country where the consumer has his habitual residence
Case study: package travel, package holidays and package tours are consumer contracts (art. 6.4. b)
Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention)
Artículo 33. Jurisdicción
An action for damages must be brought, at the option of the plaintiff, in the territory of one of the States Parties, either before the court of the domicile of the carrier or of its principal place of business, or where it has a place of business through which the contract has been made or before the court at the place of destination.
In respect of damage resulting from the death or injury of a passenger , an action may be brought before one of the courts mentioned in paragraph 1 of this Article, or in the territory of a State Party in which at the time of the accident the passenger has his or her principal and permanent residence and to or from which the carrier operates services for the carriage of passengers by air, either on its own aircraft, or on another carrier's aircraft pursuant to a commercial agreement, and in which that carrier conducts its business of carriage of passengers by air from premises leased or owned by the carrier itself or by another carrier with which it has a commercial agreement.