Sweden has one Alternative Dispute Resolution body, The National Board for Consumer Complaints (Allmänna reklamationsnämnden, ARN).
The National Board for Consumer Complaints is an independent public body. Its main task is to try disputes between consumers and Swedish traders about goods, services or other utilities intended primarily for private use.
Jurisdiction
The Board tries the most different kinds of consumer complaints, provided that the trader is Swedish or the contract has been concluded in Sweden. However, there exist certain limits.
- The Board does not try claims of less value than certain specific amounts.
- Certain types of disputes are excluded from the Board's jurisdiction.
The Board also rejects some complaints. Complaints based on oral evidence are turned down since witnesses cannot be heard within the Board's written and simplified procedure. The Board can also reject a dispute due to its complexity or the fact that the dispute calls for an extensive investigation.
Detailed information is available on the Board's website www.arn.se.
Filing a complaint
Before you can have your case investigated by the Board, you must have tried to reach an agreement with the trader concerned. Konsument Europa has published a guide to filing a complaint where you can find concise information about your rights and letter templates, which you can use to make a complaint. Application to the Board must be made within six months of the trader having completely or partially rejected the consumer's complaint.
If you have a dispute with a Swedish Trader and cannot reach a solution please contact the ECC office in your country or Konsument Europa in Sweden. We will help you to file a complaint. If you live in Sweden you can ring the local consumer advisor in your community.
Procedure
The Board applies a written procedure. The parties are not therefore entitled to be present at the meeting.
The complaints received by the Board are sent to the traders who are requested to give a written reply. The reply is then sent to the consumer for a comment. If the trader concerned has not expressed an opinion in the case, the Board's recommendation is normally based upon the consumer's statement.
Most complaints are dealt with by one of the Board's departments at a department session. Such a session is chaired by a lawyer who has to be experienced as a judge. Beside the chairman, four expert members who are specialists in the branch of trade in question normally participate. There is always an equal number of representatives of consumer and trading interests on both sides.
Cost
The Board process is free of charge for the parties and they are not entitled to compensation for the costs of representation when the process is finished. If an investigation report is required, the consumer must usually arrange this and pay the costs. If the claim goes in the consumer's favour, the Board will often recommend that the trader should compensate the consumer for the cost of investigation.
Nature of the decision
The Board's decision is a recommendation to the parties about how the dispute is to be settled. The Board's decisions can neither be implemented by compulsion nor appealed against. Many traders have, through their branch organisations, undertaken to follow the Board's decisions. If the trader does not follow the Board's recommendation, the consumer can take the case to an ordinary court.
For more information visit www.arn.se
