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Book VI: SETTLEMENT OF DISPUTES

Article L611-1 of the French Consumer Code

For the purposes of this Title, the following definitions shall apply:1° National dispute: a dispute of a contractual nature between a consumer and a seller or supplier concerning the performance of a contract of sale or provision of services, where, at the time the contract was concluded, the consumer resides in the same Member State as that in which the seller or supplier is established;2° Cross-border dispute: a dispute of…

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Article L611-2 of the French Consumer Code

Consumer mediation applies to a national or cross-border dispute between a consumer and a professional. It is governed by the provisions of this Title and, insofar as they are not contrary to them, by those of Chapter I of Title II of the Act of 8 February 1995 referred to in article L. 611-1.

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Article L611-3 of the French Consumer Code

Mediation of consumer disputes does not apply to:1° Disputes between professionals;2° Complaints made by the consumer to the professional’s customer service department;3° Direct negotiations between the consumer and the professional;4° Conciliation or mediation attempts ordered by a court hearing the consumer dispute;5° Proceedings brought by a professional against a consumer.

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Article L611-4 of the French Consumer Code

Disputes concerning:1° Non-economic services of general interest;2° Health services provided by health professionals to patients to assess, maintain or restore their state of health, including the prescription, administration and supply of medicinal products and medical devices;3° Public providers of higher education shall not be regarded as consumer disputes within the meaning of this Title.

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Article L612-1 of the French Consumer Code

Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. To this end, the trader shall guarantee the consumer effective recourse to a consumer mediation scheme.The trader may set up his own consumer mediation scheme or offer the consumer recourse to any other consumer mediator meeting the requirements of this…

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Article L612-2 of the French Consumer Code

A dispute cannot be examined by the consumer mediator when:1° The consumer does not prove that he has previously attempted to resolve his dispute directly with the trader by means of a written complaint in accordance with the procedures laid down, where applicable, in the contract;2° The request is manifestly unfounded or abusive ;3° The dispute has been previously examined or is being examined by another mediator or by a…

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Article L612-3 of the French Consumer Code

Mediation of consumer disputes is subject to the obligation of confidentiality set out in the Article 21-3 of Law no. 95-125 of 8 February 1995 on the organisation of the courts and civil, criminal and administrative procedure. Article 21-3 of Law no. 95-125 of 8 February 1995 on the organisation of the courts and civil, criminal and administrative procedure.

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Article L612-5 of the French Consumer Code

Where a public mediator is competent to mediate a consumer dispute, that dispute may not give rise to other conventional mediation procedures, within the meaning of this Title, subject to the existence of an agreement, notified to the mediation evaluation and control commission mentioned in Article L. 615-1, which allocates disputes between the mediators concerned.

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Article L613-1 of the French Consumer Code

The Consumer Ombudsman carries out his mission with diligence and competence, in complete independence and impartiality, within the framework of a transparent, efficient and fair procedure.He draws up an annual report on his activity.The mediator must satisfy the following conditions:1° Possess skills in the field of mediation as well as good legal knowledge, particularly in the field of consumer affairs;2° Be appointed for a minimum of three years;3° Be remunerated…

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