The Procedure at the Disputes Committee
For Rotterdam residents, the Disputes Committee procedure offers a simple, affordable, and swift way to resolve disputes with businesses. This independent, out-of-court method results in a binding decision, particularly for the entrepreneur. It covers affiliated companies in sectors such as telecom, housing associations, and online shops, which are common in the port city.
What exactly is the Disputes Committee procedure?
The Disputes Committee acts as a neutral party in consumer disputes. Always start by filing a complaint with the business itself. If no solution is reached, you can escalate it to the committee, which consists of a lawyer-chairperson and sector experts. The decision binds the company, but as a Rotterdam resident, if dissatisfied, you can appeal to the Rotterdam District Court.
Practical and cost-effective: expect 4 to 6 months for processing, compared to court proceedings. Fees range from €25 to €125, depending on the committee and dispute value.
Legal basis
The procedure falls under the recognition framework for dispute settlement bodies, as stipulated in the Decree of 29 November 2011 (Bulletin of Acts and Decrees 2011, 606), rooted in Article 7:17 of the Dutch Civil Code (DCC), which promotes alternative dispute resolution.
The Consumer Disputes Committees Foundation (SGC) oversees accreditations. Only accredited committees issue binding decisions. In case of non-compliance, the Legal Aid Council intervenes. Article 15(1) of the Unfair Commercial Practices Act (UCPA) links this to consumer protection.
Step-by-step guide to the Disputes Committee in Rotterdam
- Complaint to the business: File the complaint first and wait 4 weeks (Art. 7:17 DCC).
- Submit to the committee: Use the online form on degeschillencommissie.nl. Attach Rotterdam-specific evidence such as invoices and emails.
- Registration and fees: Pay €25-€125 court fee; the committee notifies the parties.
- Written exchange: Parties submit documents; witnesses possible.
- Hearing (if needed): Informal hearing, no lawyer required.
- Decision: Within 4-6 weeks; binding on the company, enforceable within 2 months.
- Enforce compliance: If refused, proceed to the The Hague Court of Appeal (Art. 7:17(3) DCC).
Rights and obligations
Rights as a Rotterdam consumer:
- Low fees (court fee often refunded if you win).
- Right to be heard and rebuttal guaranteed.
- Self-representation allowed.
- Timely decision.
Obligations:
- Share complete information.
- Follow the procedure correctly.
- Pay the court fee.
Business obligations: Must be affiliated and comply with the decision.
Rotterdam case examples
Case 1: Rotterdam online shop. Ms. De Boer from Feijenoord bought a defective bike (€900). No response to complaint. Committee ruled: full refund. Paid within weeks.
Case 2: Telecom in Rotterdam. Mr. Van Dijk from Kralingen faced unexpected charges. Company refused. Ruling: €350 refund and contract correction. Enforced via court of appeal.
Case 3: Rotterdam housing association. Tenant in Charlois reported mold. Committee awarded €1,200 compensation after failed negotiations.
Comparison: Disputes Committee vs. Rotterdam District Court
| Aspect | Disputes Committee | Rotterdam District Court |
|---|---|---|
| Costs | €25-€125 | €80+ + lawyer |
| Duration | 4-6 months | 6-18 months |
| Binding | Company yes, you no | Both yes |
| Lawyer? | No | Recommended |
| Style | Relaxed | Formal |
FAQ Disputes Committee Rotterdam
Must I first approach the business?
Yes, file the complaint and wait 4 weeks. Keep everything; seek advice from Rotterdam Legal Advice Office.
No compliance?
Submit to The Hague Court of Appeal for penalty payment.
Bring a lawyer?
Possible, but unnecessary in this informal setting.
Dispute > €25,000?
Go to the subdistrict judge at Rotterdam District Court.
Tips for Rotterdam residents
- Check affiliation on degeschillencommissie.nl.
- Gather evidence: emails, photos, contracts.
- Use ACM complaint template or consult Rotterdam Legal Advice Office or Municipality of Rotterdam consumer desk.