Conciliation and resolution of disputes
For the resolution of problems relating to the supply contract, customers have available out-of-court dispute resolution tools called Alternative Dispute Resolution (ADR).
ADR tools are procedures, provided for by law and sector regulation, with which customers find a shared solution with the entity that provides them with the service, without the need to resort to the ordinary judge. In recent decades, the use of ADRs has experienced a strong increase because it has proved to be fast and effective in resolving conflicts between customer and supplier. ADRs are among the least expensive tools available to the consumer and sometimes have free procedures.
On 3 September 2015, Legislative Decree no. 130/2015, which transposes directive 2013/11/EU on the alternative resolution of consumer disputes by dictating an organic regulation on ADR. This decree amended the Consumer Code (Legislative Decree No. 206 of 6 September 2005) by adding Title II-bis Out-of-court settlement of disputes and replacing art. 141 with articles from 141-bis to 141-decies.
With Legislative Decree 10 October 2022, n. 149 (Cartabia reform), the Government implemented the will to reform the Italian justice system envisaged by the agreement signed by Italy with the European Union. The Reform aims to speed up the times of the civil trial by making significant changes also to the ADR procedures for mediation and assisted negotiation (which will enter into force from 30 June 2023) by extending the range of subjects in which mediation is mandatory. In the current list which provides for the obligation, under penalty of inadmissibility of the application, to carry out mediation before initiating a dispute, administration contracts have also been included.
For the Electricity and Gas commodities
On 5 May 2016, with resolution 209/2016/E/com, the Regulatory Authority for Energy, Networks and the Environment (ARERA), formerly the Authority for Electricity, Gas and the Water System (AEEGSI), adopted the Integrated text on out-of-court settlement procedures for disputes between customers or end users and operators or managers in the sectors regulated by the Regulatory Authority for Energy, Networks and the Environment - Integrated Text on Conciliation (TICO). The provision governs the performance of the mandatory conciliation attempt for disputes between low and/or medium voltage electricity end customers, low pressure gas end customers, prosumers or end users and operators or managers.
The end customer, therefore, who has remained dissatisfied with the management of his complaint or has not received a response within the established deadlines, before resorting to the ordinary judge will have to resort - starting from 1 January 2017 - to the experiment of an ADR tool.
Recourse to an ADR procedure, therefore, is configured for the end customer as a condition for admissibility of the legal action that he may want to take.
Enel's contribution to the implementation of the mandatory conciliation attempt described above is significant. In fact, Enel actively participates in carrying out the ADR with:
- The Energy Conciliation Service ARERA in AU pooling (resolution 260/2012/E/com and subsequent amendments) ;
- Joint Negotiation (by virtue of the stipulation of a regulatory protocol concluded with the Consumer Associations of the CNCU);
- Civil and commercial mediation (legislative decree 28/2010) with the mediation bodies registered in the ADR list kept by the competent sector Authority (ARERA) and/or in the register kept by the Ministry of Justice ;
- Civil mediation before the arbitration and conciliation commissions of the Chambers of Commerce;
- Assisted Negotiation (pursuant to Legislative Decree 132/12 converted into Law 162/2014).
The ARERA Energy Conciliation Service in AU availment and the Joint Negotiation are procedures that can be activated free of charge by the customer and require Enel to take part in them.
For the ARERA Energy Conciliation Service in AU availment, it is possible to submit the conciliation request after having presented a written complaint to the operator and having received a written response deemed unsatisfactory or after 30 days have elapsed from the sending of the complaint. It is also possible to activate the Service in the presence of a referral to conciliation ordered in court. It is not possible to submit a request for conciliation when, for the same dispute:
- an attempt at conciliation has already been initiated or concluded;
- the Conciliation Service has archived the request due to renunciation or non-appearance of the activator at the meeting. However, in the event of the end customer's death, if adequate documentation is not produced for the continuation of the procedure (delegation of the heirs and attestation of their number, identity and qualification), the subsequent filing allows the request to be resubmitted by the of legitimate subjects.
For joint negotiation, it is possible to submit the conciliation request starting from the date of response to the complaint by Enel or, in case of no reply, from the expiry of the term of 30 calendar days from the sending of the complaint.
The Rules of Joint Negotiation can be consulted at this address.
Some useful links and addresses
For information and access to the Energy Conciliation Service introduced by the Authority with resolution 260/2012/E/com consult this page.
For information on the procedure of Joint Negotiation between Enel and the Consumer Associations consult this page.
To forward invitations to the Assisted Negotiation procedure you can write to:
PO Box 8080 - 85100 Potenza, or to the email address firstname.lastname@example.org
Mediation bodies and Chambers of Commerce who intend to send an invitation to attempt civil mediation may use the following addresses:
PO Box 8080 - 85100 Potenza, or email address email@example.com
European Commission-ODR platform
Residents in the EU, in case of problems with an online contract, can use this site.
Consult the annual reports on Joint Negotiation Practices in the DOCUMENTS section of this website or on the joint negotiation website through this link.
For the Fiber
The conciliation procedure for problems relating to the Fiber service is governed by the Regulation for the resolution of disputes between users and electronic communications operators (resolution n. 203/18/CONS and subsequent amendments) and can be activated free of charge by the user who, despite having presented a complaint, is dissatisfied with the response received or in any case unable to resolve the problem with his/her own electronic communication service provider.
This attempt can be undertaken in front of Co.re.com which operate, on delegation from the Authority, at region, via the new online platform Conciliaweb, or, alternatively, at:
- the ADR bodies registered in the list referred to in resolution no. 661/15/CONS and/or in the register kept by the Ministry of Justice;
- the conciliation chambers set up within the chambers of commerce, industry, handicrafts and agriculture adhering to the memorandum of understanding stipulated between the Authority and Unioncamere.
Some useful links and addresses
To forward invitations to the Assisted Negotiation and Civil Mediation procedure at the Chambers of Commerce or Mediation Bodies, it is possible to write to PO Box 8080 – 85100 Potenza or to the e-mail address firstname.lastname@example.org
Thanks to the first Enel Energia customer guide, you have access to a great amount of information regarding your consumption, reading invoices, payment methods and, in general, the tools available in the business relationship with Enel Energia, such as the digital bill and the domiciliation of payments. The guide was born from the awareness that billing is an essential aspect of the relationship between the seller and the end customer, as well as a useful communication tool to customers for adopting an informed consumption style. In the bill, in fact, you have all the necessary information on consumption and costs to be incurred, allowing you to make correct choices. Enel Energia gives central importance to invoicing and credit management and, for this very reason, dedicates full commitment to making these tools clear and transparent.
Consumer protection is vital for Enel Energia: we firmly believe in the principles of fairness, transparency and accountability. We therefore decided to issue our own Sales Code, as a voluntary self-regulation procedure. This tool is intended to provide you with a close-up view of how Enel Energia operates, and present you with a set of rules and dedicated services, together with advice and interesting facts. We want consumers' consent to the conclusion of electricity and gas supply contracts to be the result of awareness and based on clear and complete information. The decision to choose Enel Energia must always be made freely and without constraints.