Providers must provide businesses purchasing their services with their contact details, in particular a postal address, a fax number or an e-mail address and a telephone number to which all recipients, including those resident in another Member State, can submit a complaint or request information on the service provided.
Providers are required to indicate their legal domicile if this does not coincide with their usual address for correspondence, to respond to complaints as promptly as possible, and to show their willingness to find satisfactory solutions.
Alternative Dispute Resolutions Methods
The European Union promotes access to alternative dispute resolution in civil and commercial matters by facilitating the use of out-of-court methods of conflict resolution.
In the event of disputes, businesses purchasing services abroad can resort to the mediation procedure provided for in Directive 2008/52/EC, which introduced a consistent legal framework of this legal mechanism in all EU states and allows for convenient and quick out-of-court settlement of cross-border disputes in civil and commercial matters.
In Italy, the Register of Mediation Bodies is available on the website of the Ministry of Justice, at the following webpage:
https://mediazione.giustizia.it/
By contacting the Contact Point for Business Assistance to companies purchasing services, it is possible to obtain information on mediation organisations in other EU Member States.
Service providers who are subject to a code of conduct or who are members of a professional association or body that provides for the use of an out-of-court settlement mechanism are required to inform the recipient thereof by mentioning it in all documents which present in detail the services they offer and to indicate where and how detailed information on the characteristics and conditions of use of such ADR mechanism can be found.
Judicial remedies
The European Union envisages measures to unify the rules on conflicts of jurisdiction in civil and commercial matters and to simplify the formalities required for the recognition and enforcement of a judgment in a Member State other than the one in which it was delivered.
In the event of litigation, Regulation 44/2001/EC provides for the jurisdiction of the place where the obligation in question has been or is to be performed. The defaulting service provider may therefore be sued in the Member State where the services were provided or should have been provided under the contract.
Case Study
A business that entrusted painting work to a Slovenian company, in case of defects in the execution of the work:
may submit a complaint to the company that carried out the works; the latter is required to provide a prompt response to the complaint received and to propose concrete solutions to remedy the client's concerns;
may resort to an out-of-court mediation procedure; by contacting the Contact Point for assistance to business receiving services, in order to obtain all the necessary information;
may initiate litigation in Italy, suing the Slovenian company before the court of the jurisdiction where the works were carried out.
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