Currently, under the ordinary legislative procedure at the European Union level, there is a draft Regulation of the European Parliament and the Council to repeal Regulation (EU) No. 524/2013 and amend Regulations (EU) 2017/2394 and (EU) 2018/1724 regarding the dissolution of the European online dispute resolution platform (SOL).
Recently, the POSITION IN FIRST READING (EU) NO. 1/2024 OF THE COUNCIL was published in the Official Journal of the European Union, adopted by the Council on November 19, 2024, and forwarded to the European Parliament for a second reading. The Parliament must express its position within a maximum of 4 months from the transmission date, either approving without amendments, approving with amendments, or rejecting the Council’s position.
The European online dispute resolution platform (hereinafter referred to as “the SOL platform”) was established by Regulation (EU) No. 524/2013, which empowered the European Commission to develop this platform and ensure its maintenance at the Union level. It provided a meeting point for consumers and economic operators seeking to resolve disputes arising from online sales or service contracts out of court. It served as an innovative, efficient tool for strengthening the safety and fairness of e-commerce.
SOL takes the form of an interactive website accessible in all EU languages, as well as in Icelandic and Norwegian, where consumers can ask economic operators either to resolve the conflict directly through dialogue or to agree to use an alternative dispute resolution entity (ADR) registered on the SOL platform and complying with Directive 2013/11/EU, thus ensuring a fast, pragmatic alternative involving significantly lower costs than judicial conflict resolution.
Despite the undeniable advantages offered by SOL, the Council notes that although the platform is accessed annually by two to three million visitors, only a small percentage use it to file a complaint, and only 2% of all complaints receive positive feedback from economic operators for submitting the dispute to an ADR entity registered on the SOL platform. In absolute terms, this percentage represents approximately 200 cases per year across the European Union.
Furthermore, between September 28 and December 21, 2022, the European Commission conducted a study among EU consumers, concluding that the SOL platform was used by only 5% of respondents, and the majority considered that the platform required substantial improvements or, otherwise, should be dissolved.
Considering these facts, the European Legislator concludes in the explanatory memorandum that, given the high maintenance costs, keeping the SOL platform proves counterproductive, as it is so underutilized by consumers and economic operators show such low willingness to resolve disputes alternatively.
Essentially, the platform’s purpose is not achieved, as no more than 200 conflicts are transferred annually to an ADR entity. Its continued maintenance at the EU level does not align with the principles of efficiency and effectiveness, making its dissolution clearly necessary.
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