Out-of-Court Dispute Resolution

The alternative dispute resolution (ADR) system was created in the Czech Republic based on adoption of Directive No. 2013/11/EU, Regulation (EU) No. 524/2013, with consequent amendments of Consumer Protection Act. The consumers can quickly resolve disputes with undertakings and helps to enforce consumer rights.

CTU is responsible for alternative dispute resolution in electronic communications and postal services under the Electronic Communications Act and the Postal Services Act.

Alternative and on-line dispute resolution within EU: here

Information about ADR within CTU

Contact details

Czech Telecommunication Office

Headquarters

TIN: 70 10 69 75

Place of residence: Sokolovská 219, Praha 9

VAT ID: CZ70106975

Postal address: P. O. Box 02, 225 02  Praha 025

Electronic address: podatelna@ctu.cz

 

Electronic address for consumers' submissions: spotrebitelskespory@ctu.cz

Data mailbox: a9qaats

Proposals to resolve a consumer dispute can be submitted to CTU regional departments based on your home address.

Contacts to regional departments are available here.



Is CTU competent to solve consumer disputes by ADR?

CTU is the body responsible for out-of-court dispute resolution, so called ADR. CTU is a notified body of alternative dispute resolution included on the list administered by the European Commission (at European Commission portal). Also cross-border disputes can be solved by ADR.

Which persons deals with ADR?

This agenda belongs to CTU employees who are civil service officers with permanent contracts and fulfilled the requirments of Act No. 234/2014 Coll., on Civil Service.

Which disputes does CTU solve within ADR?  

CTU is responsible for dispute resolution according to Section 129 of the Electronic Communications Act and according to Section 6a of the Postal Services Act.

What is the procedure of ADR? At what conditions can´t CTU refuse a dispute?

The proceedings are run according to Administrative Procedure Code. Rule for delivery of documents are governed by Civil Procedure Code and Administrative Procedure Code. Adversarial proceedings are launched on the proposal of the party to the proceedings and is usually closed by issuing a decision on the subject.

How can the parties terminate their participation in the dispute?

The applicant can terminate the participation in the dispute by withdrawing their request (proposal).

At what conditions can CTU refuse a dispute?

CTU can refuse a dispute, which does not belong to its competence; this is without prejudice to the possibility of discontinuing the proceedings or rejecting the proposal for failure to comply with the relevant statutory conditions.. CTU can also refuse a dispute, if the consumer failed to contact the service provider to discuss their complaint and attempted to solve it directly; if it is or has been dealt with by other ADR subject or court; or if the consumer failed to submit their complaint with the ADR subject by set deadline, which cannot be shorter than 2 months before the consumer submit a claim (complaint) with the service provider.

What is the language of the proceedings?

All hearings and documents are prepared in Czech, eventually in Slovak language. The applicant, who is not a citizen of the Czech Republic or claims to not master the language of the proceedings, has the right to have an interpreter. The interperter must be hired and paid by the applicant. Rights of the persons belonging to national minority are set by the Administrative Procedure Code.

According to which legislation does CTU decide the disputes?

The subject matter of the dispute is being assesed according to the Electronic Communications Act or the Postal Services Act or eventually according to the Civil Code.

Who can initiate the ADR proceedings?

The proposal can be filed only by a consumer, i.e., a natural person who does not act in frame of its business activities or independent pursuit of their profession. To file a proposal, consumer can use electronic form 2 and 3.

What formal requirements must the proposal fulfil? Is it possible to correct or take back the proposal?

The proposal must be filed in accordance with the Administrative Procedure Code, in the prescribed form and containing the proposed statement of the decision and identification of the proposing person. Administrative authority can return the proposal to the applicant for corrections. The applicant can end its participation by withdrawing the proposal.

Is the ADR subject to fees?

Submission of the proposal is subject to an administrative fee. The amount depends on the proposal type. During the proceedings, further cost may arise. The reimbursement depends on the proceedings result and on the purpose of the incurred costs.

How long does the ADR proceeding last?

The time limit is given by the Electronic Communications Act or the Postal Services Act and lasts 90 days in case dispute was launched by the consumer. It can be prolonged under conditions set by the Act. Average time limit in 2018 was 113 days.

What is the result of ADR?

The result is issuing a decision establishing rights and obligations of the parties. It is not possibility to impose a sanction for non-compliance with the decision, as this is adversarial proceeding in nature.

Is the decision enforceable?

The enforcement of the decision can be claimed according to the procedure set in the Enforcement Code or Civil Code, or eventually Administrative Procedure Code.

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