Belgique: français
België: nederlands

A three- step procedure

· The treatment of complaints and litigations is gradual and can be carried out in three stages. This progressive procedure was envisaged in the interest of the members of the five consumer associations taking part in the project. The plaintiff has the choice between an ordinary legal procedure and this alternative dispute resolution system. The consumer is not obliged to follow all the stages of the procedure and can reconsider his decision before the start of the arbitration process. This is not the case for professionals who are members of the OTE, who must accept all the alternative dispute resolution stages that the consumer asks for.

· The first phase of the procedure is national, with the intervention of the personal assistance helpdesk of the consumer association which the consumer is a member of. It is held in the language of the contract or the residence of the consumer. The mediation, conciliation and arbitration take place in theory in English, unless the parties agree to use French or Spanish. In the event of any translation costs, they can be charged to one of the parties or both, on the initiative or on the advise of the mediator or the arbitration board.

· Although the procedures proceed as much as possible by email, communication channels can be agreed upon between the various parties, in dialogue with the central secretariat of the Litigations Commission, in Brussels (via the asbl. OIPC, the Organisation indépendante pour la protection du consommateur -Independent Organisation for Consumer Protection). The confidentiality of the procedure is guaranteed, both by Conseur and the OTE. The consumer can use all forms of legal evidence.

· Both Conseur and the OTE have the right to introduce a complaint before the normal courts against the sales representative or professional who refuses the alternative dispute resolution procedure or who does not carry out its decisions. In addition, Conseur and/or the OTE can undertake any preventive or reparatory action to avoid or put an end to abuses and complaints (for example by the means of this site or by a trans-border injunctive action).

Stage 1: personal assistance helpdesk
Stage 2: mediation and conciliation
Stage 3: arbitration


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