Particulars of the body:

Structure: Under the Decree of 20 December 1994, a Consumer Complaints Board (commission de règlement des litiges de consommation - CRLC) may be set up within each consumer committee at département level, and consists of:

The office of chairman of a CRLC may be assumed by any person whose expertise in the legal and/or economic field and experience qualifies them for such a function. No functions may be assumed by any person acting on behalf of an organisation for the protection of consumers' interests or anyone active in the business, crafts or industrial sector. In each département, the chairman is appointed by the "prefect" (préfet) for a renewable term of two years, subject to prior approval by the two assessors on the board. For this purpose, the préfet draws up a list of at least three candidates for the post of chairman. If the assessors are unable to agree on one of the candidates, the chairman is appointed by the préfet. A deputy chairman responsible for taking the chairman's place in the event of the latter's absence is appointed using the same procedure. If, for any reason, the regular chairman ceases to carry out his functions before the end of the two-year term, he is replaced using the same procedure as described above. The successor then assumes the post of chairman for the remainder of that two-year period.

The positions of regular and deputy assessors on a CRLC may be occupied by any persons whose experience and expertise in the fields of economics and/or consumer law qualifies them for such a function. In each département, the préfet appoints two regular and between two and six deputy assessors - with an equal number representing consumers and businesses respectively - for a period of three years. To this end, the members of the consumer committee representing the interests of consumers or business interests propose a number of candidates equal to the number of posts to be filled. The list of candidates is drawn up by the director for competition, consumer affairs and fraud prevention in the département concerned.

If, for any reason, one of the regular or deputy assessors ceases to carry out their functions on the board before the end of the three-year term, the appointment of a successor is subject to the same conditions as those mentioned in the previous paragraph. Further proxies may be nominated under the same conditions during the three-year term if the board's activities justify this. Deputies and proxies appointed under the procedures referred to in the last two paragraphs assume their functions for the remainder of the three-year term.

The rapporteurs on the CRLC have the task, acting under the authority of the chairman, of investigating and preparing case files on complaints and, if necessary, of providing the board with proposals to bring about amicable settlements of consumer disputes. The members of the consumer committee representing the interests of consumers and businesses respectively draw up separate lists of persons suitably qualified to act as rapporteur for a period of two years. The director for competition, consumer affairs and fraud prevention in the département also draws up a list of persons not belonging to any business or consumers' organisation who could act as rapporteur. On the basis of these proposals, the consumer committee prepares a definitive list of rapporteurs on the CRLC.

Responsabilites: The task of the CRLC is to facilitate the amicable settlement of consumer disputes within two months of a complaint being filed.

Task and sphere of intervention of the CRLC: The CRLC receives, with a view to achieving a negotiated settlement, complaints arising from the sale of goods or the provision of services by businesses to natural persons for their private use. The CRLC looks at complaints not falling explicitly within the remit of any other specialised conciliation body because of the nature of the dispute or the area of activity concerned. The competent CRLC is that located in the département where the consumer is resident.

Referral of complaints to specialised conciliation bodies: Complaints falling within the remit of another specialised conciliation body at local, regional or national level because of the nature of the dispute or the area of activity concerned must be passed on without delay by the chairman of the CRLC - possibly acting on a proposal from a rapporteur appointed to investigate the matter. The CRLC's secretariat keeps a list of such bodies drawn up by the National Consumer Council (Conseil National de la Consommation). The complainant is notified of the referral of his case and is told the address of the specialised body concerned. When a case can only be referred by a consumer association, the CRLC's secretariat provides complainants with a list of consumer associations so that they can refer the matter to the association of their choice.

Relinquishment of jurisdiction: If legal proceedings are instituted with regard to a matter referred to the CRLC, the law requires that it must relinquish jurisdiction as soon as it learns of such proceedings if a situation arises involving both contentious and non-contentious proceedings between the same parties for the same cause in law. Jurisdiction is relinquished by the chairman acting on a reasoned proposal from the rapporteur responsible for handling the case.

Procedure - Decisions and their enforcement:

Referral of complaints: Complaints are submitted to the chairman of the CRLC. The secretariat registers these and notifies the parties which rapporteur is in charge of the case.

Appointment of rapporteurs to investigate complaints: For each complaint received, the chairman appoints a rapporteur, whose task is to try to bring about an amicable settlement between the parties within a period of two months. The rapporteurs are appointed using the procedure described above. Before a rapporteur is appointed, the chairman must satisfy himself that the consumer was able to contact the customer complaints department of the company concerned. The rapporteur deals with the case while acting under the authority of the chairman. The chairman may, subject to the agreement of the two regular assessors, relieve a rapporteur of his duties if there are serious and justifiable reasons for such a step. The rapporteur draws up a brief report on each case being handled, stating the nature of the complaint, the names of the parties, their arguments and proposals for a negotiated settlement of the dispute. In the course of his investigation, the rapporteur may, subject to the prior approval of the chairman, use a simplified procedure. Where necessary, the chairman requests the assessors' opinion on the proposal for a settlement drawn up by the rapporteur. If the rapporteur uses this procedure and a proposed settlement is submitted to the parties for their signature, they must be informed that the CRLC has given its prior approval. The parties must also be informed that use of the simplified procedure will enable the CRLC to draw up a conciliation report if the rapporteur merely sends on the agreement signed by them. If the simplified procedure is not used, the rapporteur submits his report to the CRLC's secretariat and asks for it to be put on the agenda of a future meeting of the CRLC.

Meeting of the CRLC and notification of the parties: Meetings of the board are called by the chairman. The secretariat informs the parties at least two weeks before the date scheduled for the meeting that their case is to be heard by the board. The letter of notification sent to the parties must indicate the date, place and time of the meeting, and must invite them to attend in person if possible. The parties are also informed that they may, if they wish, nominate a person of their choice to assist them at the meeting, or appoint a duly authorised representative. The secretariat must also provide the parties with a list of accredited consumer associations and inform them that may use the services of these organisations if they consider that this would be useful.

Proceedings before the CRLC:

Cost: No costs are incurred by the consumer.