Starting from the marked tendency to encourage recourse to ADRs by the European Union, the article analy- ses the interventions of the European legislator with specific regard to consumer law. First of all the principles underlying Directive 2013/11/EU on consumer ADR are recalled and then Regulation 524/2013/EU on ODR is analysed. The Re- gulation establishes a platform for the telematic management of consumer ADRs. More precisely, it aims to offer an out-of- court solution to disputes concerning contractual obligations arising from online sales or service contracts. The Regulation is not exempt from criticism and has raised doubts as to the actual usefulness of the ODR platform as a tool to facilitate out-of-court settlement of online disputes between consu- mers and professionals, as also emerged from the European Commission's recent report.
Mediazione digitale: modello vigente e prospettive di un suo superamento / Serra, Maria Luisa. - In: REVISTA DE LA FACULTAD DE DERECHO DE MÉXICO. - ISSN 0185-1810. - maggio-agosto(2024), pp. 5-35.
Mediazione digitale: modello vigente e prospettive di un suo superamento.
Serra, Maria Luisa
2024-01-01
Abstract
Starting from the marked tendency to encourage recourse to ADRs by the European Union, the article analy- ses the interventions of the European legislator with specific regard to consumer law. First of all the principles underlying Directive 2013/11/EU on consumer ADR are recalled and then Regulation 524/2013/EU on ODR is analysed. The Re- gulation establishes a platform for the telematic management of consumer ADRs. More precisely, it aims to offer an out-of- court solution to disputes concerning contractual obligations arising from online sales or service contracts. The Regulation is not exempt from criticism and has raised doubts as to the actual usefulness of the ODR platform as a tool to facilitate out-of-court settlement of online disputes between consu- mers and professionals, as also emerged from the European Commission's recent report.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.