Critical Remarks on the ADR Directive

8 Pages Posted: 15 Dec 2016

Date Written: December 2016

Abstract

The ADR Directive pursues an honourable aim trying to provide consumers and traders with access to a simple, fast and low-cost method of dispute resolution. In the short term, it will probably improve the position of consumers compared to the status quo ante. However, it does not guarantee consumers the remedy they are entitled to. It institutionalises a system that does not meet the standards for the proper administration of justice and it may jeopardise the efforts made for the harmonization of the material rules of consumer protection and the creation of a level playing field for traders in the internal market in the long term. An EU measure aimed at amending the existing court procedures in the Member States in order to make them better suited to deal with low value consumer claims would have been preferable.

Keywords: Consumer Law, ADR, ADR Directive

Suggested Citation

Cauffman, Caroline, Critical Remarks on the ADR Directive (December 2016). Maastricht European Private Law Institute Working Paper No. 2016/13, Available at SSRN: https://ssrn.com/abstract=2885509 or http://dx.doi.org/10.2139/ssrn.2885509

Caroline Cauffman (Contact Author)

Maastricht University ( email )

P.O. Box 616
Maastricht, Limburg 6200MD
Netherlands

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