§3.3.4 Out-of-court redress mechanisms

Article 6(1) (t) where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it. The above information requirement refers to any out-of-court complaint and redress mechanism to which the trader is subject, including mechanisms, which are within the scope of Directive 2013/11/EU of the European Parliament and of the Council (95) on alternative dispute resolution for consumer disputes (‘Directive on consumer ADR’). The Directive on consumer ADR ensures that EU residents have access to out-of-court dispute resolution mechanisms for resolving their disputes with traders established in the EU. It provides for specific quality requirements for the alternative dispute resolution entities and procedures. Only alternative dispute resolution bodies that have been assessed by the Member States against these requirements and have been communicated to the Commission are recognised as ‘ADR entities’ under the Directive on consumer ADR. The Directive on consumer ADR applies to domestic and cross-border disputes concerning contractual obligations stemming from sales contracts or service contracts, no matter what product or service a consumer purchased (only disputes regarding health and higher education are excluded (96)), whether the product or service was purchased online or offline and whether the trader is established in the consumer’s Member State or in another Member State. Consequently, where the out-of-court mechanism about which the trader informs the consumer under Article 6(1)(t) CRD is an ‘ADR entity’ as defined by Article 4(1)(h) of the Directive on consumer ADR, the trader must also comply with the requirements set out by Article 13 of that Directive. It requires traders to inform about the ADR entity/ies by which they are covered when those traders commit to or are obliged to use alternative dispute resolution to resolve disputes with consumers. That information must include the websites address of the relevant ADR entities. According to Article 13(2) of the Directive on consumer ADR, the information shall be provided in a clear, comprehensible and easily accessible way on the trader’s website where one exists, and, if applicable, in the general terms and conditions of sales or service contracts between the trader and a consumer. The Court explained in that respect that under Article 13(2) of the Directive on consumer ADR and Article 6(1)(t) of the CRD, it is not sufficient that the consumer receives the information about alternative dispute resolution simply at the time the contract is concluded with the trader, whether in the general terms and conditions of the contract or in a separate document from those general terms and conditions. Instead, the consumer must receive that information in good time before the contract is concluded and not simply at the stage of concluding the contract (97). In addition, Article 14(1) of Regulation (EU) No 524/2013 of the European Parliament and of the Council (98) on online dispute resolution for consumer disputes (Regulation on consumer ODR) requires traders established within the Union engaging in online sales or service contracts, and online marketplaces established within the Union, to provide on their websites an electronic link to the ODR platform (99).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07