Recitals
- Recital (1)Directive 2013/11/EU of the European Parliament and of the Council was adopted in order to ensure that consumers within the Union have…
- Recital (2)In 2019, the Commission published a report on the implementation of Directive 2013/11/EU and Regulation (EU) No 524/2013 of the European…
- Recital (3)Since at least two in every five online transactions currently made by consumers residing in the Union are with traders established in…
- Recital (4)The complexity of consumer disputes has evolved significantly since the adoption of Directive 2013/11/EU. The digitalisation of goods and…
- Recital (5)Where a contract is concluded between a consumer and a trader, the consumer should be able to seek redress under Directive 2013/11/EU for…
- Recital (6)The material scope of Directive 2013/11/EU should cover, for example, situations arising from the pre-contractual phase where a contract…
- Recital (7)Submitting a dispute to an ADR entity does not preclude the consumer from referring the matter to another body, such as a consumer…
- Recital (8)Consumer rights and obligations of traders towards consumers related to sales and service contracts also concern situations where consumers…
- Recital (9)Consumer rights and obligations of traders towards consumers related to sales and service contracts can also give rise to disputes after…
- Recital (10)Taking into account the minimum harmonisation nature of Directive 2013/11/EU, Member States have the right to apply ADR procedures to…
- Recital (11)Where a dispute arises between a provider of an online platform and a recipient of that provider’s services which relates to that…
- Recital (12)The definitions set out in Directive 2013/11/EU should reflect the scope of Directive 2013/11/EU, as extended by this amending Directive.
- Recital (13)Digital content and digital services are often supplied online under contracts pursuant to which the consumer does not pay a price but…
- Recital (14)Member States should have in place measures promoting participation of the traders and consumers in the ADR procedures. Such measures could…
- Recital (15)Directive 2013/11/EU already allows Member States to adopt national measures making traders’ participation in ADR procedures mandatory,…
- Recital (16)In establishing and implementing measures promoting the participation of traders and consumers in the ADR procedures, Member States should…
- Recital (17)To ensure that ADR procedures are well-suited for the digital age in which communication takes place online, including in an international…
- Recital (18)Under Directive 2013/11/EU, Member States are to ensure that ADR procedures are available and easily accessible online and offline. Member…
- Recital (19)Member States should ensure that the natural persons in charge of ADR possess the necessary knowledge and skills in the field of…
- Recital (20)In order to satisfy the requirement to submit complaints and the requisite supporting documents online in a traceable manner, ADR entities…
- Recital (21)Technological advances can contribute to the automation of dispute resolution enabling faster and more consistent outcomes to be achieved.…
- Recital (22)In various situations, for instance mass flight cancellations during the COVID-19 pandemic, ADR procedures proved to be an important…
- Recital (23)Member States should ensure that ADR entities do not refuse to deal with disputes where traders have introduced disproportionate rules in…
- Recital (24)Under Directive 2013/11/EU, Member States are able to introduce national legislation to make traders’ participation in ADR compulsory in…
- Recital (25)The period for the trader to inform the ADR entity whether or not it intends to participate in the ADR procedure should be, in principle,…
- Recital (26)To reduce information and reporting requirements and to save costs for ADR entities and national competent authorities, reporting and…
- Recital (27)ADR procedures should preferably be free of charge for the consumer. In the event that costs are applied, they should not exceed a nominal…
- Recital (28)In order to effectively reduce the workload of ADR entities and give them more time to submit their reports to the competent authorities,…
- Recital (29)In many Member States, consumers are still insufficiently informed about the existence of ADR entities and the services proposed by them.…
- Recital (30)The existing obligation of the trader to specify, where a dispute following a complaint of a consumer could not be settled, whether or not…
- Recital (31)A swift cooperation between the different bodies involved in the enforcement of consumer rights is crucial to ensuring the overall…
- Recital (32)To ensure that ADR entities function properly and effectively, competent authorities should conduct the checks on the functioning and…
- Recital (33)To provide effective assistance to consumers and traders in cross-border disputes, it is necessary to ensure that Member States designate…
- Recital (34)In order to ensure that ADR entities, competent authorities and ADR contact points are able to fulfil their tasks efficiently, in…
- Recital (35)For reasons of efficiency and effectiveness, Regulation (EU) No 524/2013 was repealed by Regulation (EU) 2024/3228 of the European…
- Recital (36)To ensure procedural fairness, consumers engaging in cross-border disputes should engage with the ADR contact point in their place of…
- Recital (37)ADR contact points should provide assistance, upon request, to consumers intending to submit a cross-border dispute to an ADR entity. Their…
- Recital (38)Despite the fact that ADR procedures are meant to be simple, consumers are sometimes assisted by a third party of their choice, such as…
- Recital (39)Directive 2013/11/EU is to continue to apply to disputes between consumers and traders only. Disputes between traders do not fall within…
- Recital (40)To ensure that consumers are able to easily find a suitable ADR entity, especially in a cross-border context, the Commission should…
- Recital (41)Therefore, Directive 2013/11/EU should be amended accordingly.
- Recital (42)Following the repeal of Regulation (EU) No 524/2013, it is necessary to amend Directives (EU) 2015/2302, (EU) 2019/2161 and (EU) 2020/1828…
Text as published in the Official Journal; for the authentic version, see EUR-Lex.
