PRACTICAL CHALANGES FOR CONSUMERS February, the 22 nd 2013, Vilnius, Lithuania Mr. Ignat Arsenov – director of ECC Bulgaria

 There are a number of challenges for consumers using the European small claims procedure which can be better answered when working together in cooperation.

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?

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

Lack of assistance  Unavailability of forms  The courts do not provide assistance for filling the forms  It is difficult to finding the right jurisdiction

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

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

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

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

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

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

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

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

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

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

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

THANK YOU FOR THE ATTENTION! Mr. Ignat Arsenov Director of the European Consumer Centre Bulgaria