Dispute Resolution
ALTERNATIVE CONSUMER DISPUTE RESOLUTION
Law No. 144/2015 of September 8, transposed Directive 2013/EU, of the European Parliament and of the Council, of May 21, 2013, on the alternative resolution of consumer disputes.
The said diploma establishes the legal framework for Alternative Consumer Dispute Resolution mechanisms, creating the Consumer Arbitration Network in Portugal.
What are consumer disputes?
These are disputes initiated by a consumer against a supplier of goods or service providers, which respect contractual obligations resulting from purchase and sale contracts or the provision of services, entered into between an established supplier of goods or service providers and consumers residing in Portugal and in the European Union (article 2 nº 1 of Law nº 144/2015.
What is the RAL?
ADR are mechanisms available to consumers and companies to try to resolve consumer disputes out of court, in a quicker and less expensive way. ADR covers mediation, conciliation and arbitration. The ADR process begins with an attempt to reach an agreement via mediation or conciliation. However, if this agreement is not reached, the parties may still appeal to the Arbitral Tribunal, through a simple and quick process.
When does this new regime apply?
Law nº 144/2015 of September 8, entered into force on September 23, 2015, with suppliers of goods or service providers having 6 months, counting from that date, to adapt to this new regime. Therefore, since March 23, 2016, companies must have this information available to their consumers.
ATTENTION: Information for consumers about available ADR entities does not exempt suppliers of goods and service providers from providing consumers with the Complaints Book, mandatory under the terms of Decree-Law no. 156/2005, of 15 September.
In the event of a consumer dispute, the consumer may resort to a Consumer Dispute Resolution Entity:
CNIACC - National Center for Information and Arbitration of Consumer Disputes
Rua D. Afonso Henriques, 1
4700-030 Braga
CIMAAL - Information, Mediation and Arbitration Center for Consumer Disputes in the Algarve
Ninho de Empresas Building, room 26 - Estrada da Penha
8005-131 Faro
Coimbra District Consumer Conflict Arbitration Center
Av. Fernão Magalhães, n.º 240, 1st
3000-172 Coimbra
www.centrodearbitragemdecoimbra.com
Lisbon Consumer Dispute Arbitration Center
Rua dos Douradores, 116, 2nd
1100-207 Lisbon
Madeira Consumer Dispute Arbitration Center
Rua Direita, n.º 27, 1st Floor
9050-405 Funchal
Porto Consumer Information and Arbitration Center
Rua Damião de Góis, 31 – Store 6
4050-225 Porto
Vale do Ave Consumer Dispute Arbitration Center / Arbitration Court
Rua Capitão Alfredo Guimarães, n.º 1
4800-019 Guimarães
Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court)
BRAGA: Rua D Afonso Henriques, nº 1 (Board of Parish of the Sé)
4700 - 030 Braga
VIANA DO CASTELO: Av Rocha Paris, nº 103 (Vila Rosa building)
4900 - 394 Viana do Castelo
Arbitration Center of the Autonomous University of Lisbon
Rua de Santa Marta n.º 43 E, 1º C
1150-293 Lisbon
https://arbitragem.autonoma.pt/
The customer may try to resolve any consumer dispute out of court through the “Online Electronic Dispute Resolution Platform” (provided by the European Commission), accessible at ec.europa.eu/consumers/odr .
You may also resort to any other Alternative Consumer Dispute Resolution Entity. The updated list of Alternative Consumer Dispute Resolution Entities is available on the “Consumer Portal”, at www.consumidor.gov.pt .