Extrajudicial Dispute Resolution

 

ERO endeavours to resolve disputes between consumers and traders primarily amicably, using the so-called conciliation method. Should the consumer and trader fail to reach an agreement, the dispute can be resolved through the alternative dispute resolution (ADR) in administrative proceedings, with the Department of Consumer Disputes. If you file a submission to ERO, you should attach to is as evidence copies of key written documents to prove the circumstances of the case, namely the current contract, any previous communication with the supplier/distributor, and other documents deemed relevant.

ERO issues decisions on applications of consumers who have the status of consumers (natural persons) according to the Energy Act - Section 17(7)(a), (c), (e), and in certain cases also under Section 142(1) of the Administrative Procedure Code, which regulates proceedings on the determination of the legal relationship (within the limits of its subject-matter and local competence, the Office shall issue a decision upon request of anyone who proves that it is necessary for the exercise of his/her rights, whether a specific legal relationship has been established and when it has occurred, whether it continues, or whether it expired and when it occurred):

• under Section 17(7)a of the Energy Act, ERO issues decisions in disputes when no contract was executed between the licence holder and customer (consumer) under the Energy Act and disputes concerning reduction, suspension or renewal of supply or distribution of electricity, gas or heat for reasons of unauthorized offtake or unauthorized distribution,
• within the meaning of Section 17(7)(c) of the Energy Act, ERO issues decisions in disputes concerning connection or access to the transmission and distribution system, gas transmission system, gas storage and gas production transmission system, including disputes concerning access to cross-border capacity for the transmission and distribution of electricity or gas,
• Section 17(7)(e) of the Energy Act stipulates that, upon a motion of a customer who has the status of a consumer buying electricity, gas or heat for household consumption or of a customer who is a natural person- entrepreneur, ERO resolves disputes between the customer and the licence holder on the fulfillment of obligations arising from contract the subject-matter is the supply or distribution of electricity, gas or heat, and on the determination whether the legal relationship between the customer and the licence holder concerning supply or distribution of electricity, gas or heat has been established, is ongoing or has been dissolved and when.

 

Extrajudicial Dispute Resolution

ERO, as an alternative dispute resolution body listed in the register of alternative dispute resolution (ADR) bodies of the European Commission, is competent for resolving disputes initiated by consumers, i.e. natural persons who do not act as entrepreneurs or as self-employed persons Traders in energy sectors.

• The proceedings are conducted in accordance with provisions of Act No. 500/2004 Coll., the Administrative Procedure Code, as amended, and the service of documents is governed by the provisions of Act No. 99/1963 Coll., the Civil Procedure Code, as amended, and of the Administrative Procedure Code,
• adversary proceedings are opened upon a complaint of the party and are usually terminated by the issue of a decision on the merits of the case in question,
• filing a complaint is not subject to an administrative fee,
• the costs of the proceedings are borne by the parties,
• the period for issuing a decision in a dispute initiated by a petition filed by a customer who has the status a consumer is 90 days, or 120 days in more complex cases,
• the decision may be appealed,
• the complainant may terminate the participation in the dispute by withdrawing his/her application (complaint).

Reasons for dismissal of a complaint:

• the dispute is outside the subject-matter competence of ERO,
• the dispute is groundless,
• the dispute is or was dealt with by another dispute resolution authority, or by the court.

Of you have more questions relating to extrajudicial dispute resolution, CONTACT US HERE.