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PRACTICAL CHALANGES FOR CONSUMERS February, the 22 nd 2013, Vilnius, Lithuania Mr. Ignat Arsenov – director of ECC Bulgaria
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There are a number of challenges for consumers using the European small claims procedure which can be better answered when working together in cooperation.
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Content Do consumers still face challenges with the ESCP? What is the role of ECC-Net and the consumer NGOs? How could the challenges be answered?
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Lack of information Consumers are not aware of the existence of ESCP It is difficult to find general information on the procedure, i.e. in what cases it is suitable There is no specific information – on payment of court fees There is no information on the length of the procedure
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Lack of assistance Unavailability of forms The courts do not provide assistance for filling the forms It is difficult to finding the right jurisdiction
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Language problems The consumers are requested to translate the documents to the language of the court – forms, evidences, decision, etc. The need for translation could make it better to file the claim to the court in the country of the trader
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Hearings Hearings are not obligatory but they could be set by the judge There is no experience so far with such problems but this could be challenging as consumers prevented to use the ESCP
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Service of the decision There are different legal systems within the EU Lack of information for the service of the judgment Language issue – consumers use their own language and trader simply does not understand Consumers seek assistance from ECC but it is out of the scope of the ECC-Net
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Execution of the decision The most important issue The bailiff requires translation of the court decision and declaration It is problematic to find a bailiff because of lack of information
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Role of the ECC-Net ECCs daily task is to assist in solving cross-border disputes Inform the consumers in general of the ESCP Advise the consumer in case of not reaching amicable solution of other options – including the ESCP General assistance – provision of forms, assisting in filling in the forms, advising on the competent court Provide general information on the service of the decision and its execution Assistance is possible only to those consumers who has initially contacted ECC for help
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Role of the consumer NGOs The main task of the consumer NGOs is to inform and assist consumers Inform the consumers in general about the ESCP General assistance – providing of forms Provide information of the procedure – length and costs
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What promotional activities could be used Information through the web pages Information in articles Distributing leaflets During seminars Advice Newsletter NGOs can advise consumers to seek assistance of the ECC in cross-border cases ECCs can use the better knowledge of the national context of the NGOs
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How the challenges could be answered Both ECC-Net and the Consumer NGOs can help by providing information and assistance The language issue could be overcome by choosing the appropriate court or by changing the rules – like one language to be chosen for all the courts The hearings could be a problem – if so legislative changes are needed ECCs could provide information on the service of the judgment
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What can we do more for consumers Each key player (ECC and consumer NGO) has its own role BUT the roles are similar and the possible activities are similar Cooperation between ECCs and consumers NGOs is possible, even highly recommended Joint activities, coordinated events, dissemination of information materials, exchange of information
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The most challenging challenge The execution of the decision is one of the most serious issues This problem is out of the scope of ECC-Net EU network of bailiffs - possible solution
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Conclusion There are challenges for the consumers Lack of information Lack of assistance Language problems Hearings Service and execution of the decision There is a lot to do to help consumers and tackle the problems Cooperation of ECCs and consumers NGOs could be a key factor for success
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THANK YOU FOR THE ATTENTION! Mr. Ignat Arsenov Director of the European Consumer Centre Bulgaria www.ecc.bg i.arsenov@ecc.bg +359 88 605 3833
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