Ordinance No. 2015-1033 of August 20, 2015, transposes Directive 2013/11/EU on alternative dispute resolution for consumer disputes into French law. A new section, entitled "Mediation of Consumer Disputes," is thus added to Book 1 of the Consumer Code.
Scope
This order is intended to apply to all disputes between a consumer and a professional, including cross-border disputes (Art. L.156-4 of the Consumer Code). However, the following are excluded: disputes concerning a non-economic service of general interest, healthcare services provided by healthcare professionals to assess, maintain, or restore a patient's health, and disputes involving public higher education providers (Art. L.151-4 of the Consumer Code).
Obligations of professionals
Professionals must guarantee consumers effective access to a free mediation service (Article L.152-1 of the French Consumer Code). However, professionals are prohibited from requiring consumers to use mediation before taking legal action (Article L.152-4 of the French Consumer Code).
Professionals must provide consumers with the contact details of the competent mediator(s), even when the dispute could not be resolved through a complaint. Professionals may establish their own mediation system or use a mediator who meets certain requirements.
Failure to provide information may result in a fine of up to 3000 euros for a natural person and 15000 euros for a legal entity.
The modalities for implementing the mediation process were the subject of a subsequent decree; professionals then had a period of two months from the publication of this decree, i.e. until December 31, 2015, to comply with these provisions.
