Out-of-Court Dispute Resolution

Adoption of the Directive No. 2013/11/EU of 21 May 2013 of the European Parliament and of the Council, on alternative dispute resolution for consumer disputes, and the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, on online dispute resolution for consumer disputes, (ADR - ODR), and consequent amendments of the Act No. 634/1992 Coll., on Consumer Protection by Act No. 378/2015 Sb. and of other acts, resulted in a creation of an out-of-court consumer dispute resolution system in the Czech Republic, called ADR (alternative dispute resolution).

This system offers the consumers fast and affordable way of solving their disputes with business entities and strengthens the enforceability of their consumer rights.

CTU is the body responsible for alternative dispute resolution in the area of electronic communications and postal services within the scope of the Electronic Communications Act (No. 127/2005 Coll.) and the Postal Services Act (No. 29/2000 Coll.).

Information on alternative and on-line dispute resolution within EU here.

Information on alternative dispute resolution (ADR)

What are our contact details?

Proposals to resolve a consumer dispute can be submitted to regional CTU departments according to your home address

Contacts to regional departments

Is CTU competent to solve consumer disputes by ADR?

CTU is the body responsible for out-of-court dispute resolution, so called ADR (alternative dispute resolution). 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 personnel deals with alternative dispute resolution?

This agenda belongs to employees of CTU 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 alternative dispute resolution (ADR)?  

CTU is responsible for dispute resolution according to Section 129 of the Electronic Communications Act(No. 127/2005 Coll.) and according to Section 6a of the Postal Services Act (No. 29/2000 Coll.).

What is the procedure of ADR? At what conditions can CTU refuse to solve a dispute?

The proceedings are run according to Administrative Procedure Code. Rule for delivery of documents are governed by the Act No. 99/1963 Coll., as amended (Civil Procedure Code) and Administrative Procedure Code. Adversarial proceedings are launched according to Section 141 Para 2 of the Administrative Procedure Code on the proposal of the party of the proceedings and is normally closed by issuing a decision on the subject according to Section 67 of the Administrative Procedure Code. Should the ADR proposal have formal defects CTU will help the submitting person to remove these. The proposing person can cancel its involvement in the dispute by taking withdrawal of the proposal (Section 45 para 4 of the Administrative Procedure Code). CTU cannot refuse to solve a dispute to which it has material competence. The proceeding can nevertheless be cancelled or refused if relevant legal requirements are not fulfilled.

What is the language of the proceedings?

In the proceedings all hearings are run and documents are prepared according to Section 16 of the Administrative Procedure Code in the Czech language, eventually in Slovak language. The proposing person, who is not the citizen of the Czech Republic or the one who has claimed not to master the languageof the proceedings, has the right to have an interpreter. The interperter must be hired and paid by the proposing person. Rights of the persons belonging to national minority are set by the Section 16 of 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 Act No. 89/2012 Coll., Civil Code.

Who can initiate the proceedings for ADR?

The proposal initiating the ADR proceedings can be filed only by a consumer i.e. natural person who does not act in frame of its business activities or independent pursuit of their profession.

What formal requirements must the proposal fulfil? How can the proceedings be canceled?

The proposal initiating the ADR proceedings must be filed in accordance with Section 37 and/or 45 of the Administrative Procedure Code, in the prescribed form and containing the proposed statement of the decision and identification of the proposing person. The proposing person can cancel its involvement in the dispute by taking withdrawal of the proposal (Section 45 para 4 of the Administrative Procedure Code).

Is the ADR subject to fees?

Submission of the proposal is subject to an administrative fee. During the proceedings further cost may arise. The reimbursement of the cost is governed by the principle of success in the matter and is subject to assessment of the purposefulness of the incurred costs.

How long does the ADR porceeding last?

The time limit of the ADR proceedings is given by the Electronic Communications Act or the Postal Services Act and lasts 90 days. By extremely complicated cases the time limit can be prolonged under conditions set by the Act.

What is the result of ADR?

The result of the proceedings is issuing a decision establishing rights and obligations of the parties to the dispute, or eventually decision declaring whether certain legal relation was established, lasts or ended. There is no possibility to sanction nonfulfillment of 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 Act No. 120/2001 Coll., on judicial bailiffs and enforcement activities (Enforcement Code) or Civil Code or eventually Administrative Procedure Code.