-
Initiation of the proceedings. You will be notified of the initiation of the proceedings of the statement within 5 working days. The Secretariat will forward the statement to the trader for receiving its explanations and finding a resolution of the dispute, which will be further notified to you.
-
The trader's proposal to resolve the statement. The trader must provide a written response to the consumer's statement, in which the trader takes a position on the claims contained in the statement and the consumer's claim and offers a possible solution to resolve the dispute. In its turn, the trader must also accompany the explanation by documentary evidences of its allegations and relevant circumstances.
-
Termination of the proceedings before the Committee's decision. The proceedings shall be terminated if the trader satisfies the consumer's claim, the consumer agrees to the trader's proposed solution, the consumer withdraws the statement, or if there are other grounds for refusing to accept the statement for the proceedings (see below).
The quickest and most mutually beneficial solution to a consumer dispute is to find an agreement or compromise.
A compromise is an agreement between the parties to a dispute, where they try to find a possible solution to the dispute by reducing their claim or claims. The compromise agreement will be executed voluntarily, and no other claim will be made against the other party in the same dispute.
In the event of a compromise, it is not necessary to substantiate your claim or provide additional evidences and documents. This may save associated costs and time. Therefore, it is reasonable to consider the possibility of compromise solutions when submitting the statement, especially in a situation where both parties to the dispute have objections to each other.
Equal treatment, impartiality and consultation of the parties. The Consumer Disputes Committee and the Secretariat preparing the proceedings shall hear the case impartially and independently. The members of the Committee shall not make binding recommendations to either party in the course of the proceedings, nor shall they advise on whether and how to proceed in the course of the proceedings. However, a participant in a consumer dispute has the right to receive information about the proceedings from the person dealing with their application – whether and what actions are still being taken, within what time limits, etc.
The application will normally be examined in a written procedure to which the parties will not be invited. At the consumer's request, the complaint may be settled at an oral hearing of the Consumer Disputes Committee, to which both parties will be invited.
The Secretariat will review the statement and notify you of the outcome of the dispute resolution procedure, generally within 90 days. You have the right to withdraw your statement at any time.
The procedure of the Consumer Disputes Committee ends with the adoption of a decision. The Committee's decision cannot be disputed. If you do not agree with the decision, you can bring court proceedings against the other party.
The examination of the statement and the consumer dispute procedure are free of charge.
If the party to the dispute needs the assistance of an interpreter, expert opinion, legal aid or other similar services, they shall bear the corresponding costs.
Therefore, you have to bear in mind that if you want to substantiate your claims with your own expertise, you will also have to bear the corresponding costs. The Committee shall not bear the costs of the above proceedings. Nevertheless, resolving a consumer dispute in the Committee is a quick, inexpensive and easy alternative to court proceedings and defense of rights.
Inadmissable statements
- Komisjoni pädevuses ei ole lahendada vaidlusi, mis on tekkinud väljaspool Eestit registreeritud kauplejaga – vaidlused, mis on seotud välisriigi kauplejate ja Euroopa Liidu kauplejatega. Nende vaidluste lahendamiseks pöördu Euroopa Liidu tarbija nõustamiskeskuse poole.
- The Commission is not competent to resolve disputes that have arisen with a trader registered outside Estonia – disputes related to foreign traders and European Union traders. To resolve these disputes, please contact the EU Consumer Center.
-
A statement shall not be admissible for initiation of the proceedings if, due to the complexity of the dispute, it is necessary to organize expert examinations, to hear witnesses or, due to the volume of the dispute, it is not possible to resolve it in the Consumer Disputes Committee
-
The Commission may refuse to accept the statement or close the procedure even if it is not possible to achieve the objective pursued by the consumer in the out-of-court proceedings.
-
Also, if it is not possible to resolve the dispute without a thorough investigation and hearing of witnesses, and it would be more expedient to resolve it in the county court. In this case, the consumer has the right to go to the county court to resolve the dispute, but this is generally more time-consuming and costly.
-
Situations where the resolution of a dispute is prescribed by other laws. If some other law prescribes a different authority or procedure for resolving a dispute, the corresponding dispute shall be referred to pursuant to the procedure prescribed by a special law.
For example, the Consumer Disputes Committee does not settle employment and rent disputes, disputes arising in bankruptcy proceedings, and many other disputes provided for in a special law (healthcare service, medical services, education services, etc.).
-
An application shall not be admissible if the value of the disputed goods or services or the amount of the consumer's claim is less than 30 euros and the resolution of the dispute is not relevant to the development of the practice or significant change in the current practice, the dispute is irrelevant to potential other consumers or is not a claim for performance or a declaration of invalidity of the contract.
