⚖️ Consumer arbitration and court options
In brief
If the trader does not pay or repair, you can bring in an arbitration body. The procedure usually costs consumers nothing.
- The federal universal arbitration body (Universalschlichtungsstelle des Bundes) is responsible if no other body is.
- For many affected people at once there are representative actions.
- Qualified associations bring them, not individuals.
Step by step
- Write to the companyMake your demand in writing with a deadline.
- Check for an arbitration bodyIndustry body or universal arbitration body.
- Check for a representative actionAsk the Verbraucherzentrale whether a case is under way.
- Consider a lawsuitOnly after advice. Check costs and deadlines.
Deadlines
- Keep an eye on filing deadlines and limitation; arbitration can suspend the limitation period (not checked here).
- Whether a case is under way, clarify with the Verbraucherzentrale/associations.
- Small businesses can count as consumers under the VDuG (fewer than 10 employees, up to €2 million).
In depth · legal basis, figures and practice – for advisers and professionals
Arbitration
The federal universal arbitration body (Universalschlichtungsstelle des Bundes) was formed on 1 January 2020 from the Allgemeine Verbraucherschlichtungsstelle in Kehl; § 29 VSBG regulates its establishment; competence and procedure are regulated by § 30 VSBG. It is responsible if no sector-specific body is. Free of charge for consumers under § 31 VSBG: the fee is borne by the trader; by the consumer only in case of an abusive application. Website: www.universalschlichtungsstelle.de.
Representative actions (VDuG)
The Consumer Rights Enforcement Act (Verbraucherrechtedurchsetzungsgesetz, VDuG) covers civil disputes concerning claims and legal relationships of a large number of consumers against a trader. Qualified entities can bring redress actions and model declaratory actions. Small businesses count as consumers if they employ fewer than 10 people and their annual turnover or balance sheet total does not exceed 2 million euros. The exact design of the redress action (performance, payment) was not checked in full text here. Registration in the register of representative actions: under § 46 Abs. 1 VDuG until three weeks after the close of the oral hearing (§ 193 BGB does not apply).
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.