Alternative Dispute Resolutions

Alternative Dispute Resolutions

For the resolution of problems regarding their supply contracts, customers can avail of extrajudicial dispute resolution tools known as ADR (Alternative Dispute Resolution).

 

ADR tools are procedures envisaged by law and industry regulations through which customers can find a common solution with their service provider, with no need for recourse to ordinary courts. There has been a great increase in the use of ADR in recent decades because it has proven a fast and effective means to resolve conflicts between customers and suppliers. It is one of the least expensive tools available to consumers and at times the procedures are free.

 

Legislative Decree 130/2015 came into force on 3 September 2015. It implements Directive 2013/11/EU on the alternative resolution of consumers’ disputes, laying down a comprehensive framework governing ADR.

On 5 May 2016, ARERA, the Italian Authority for Electricity, Gas and the Water System adopted the Integrated Text on extra-judicial dispute resolution procedures between customers or end users and operators or service providers in the sectors regulated by the Authority for Electricity, Gas and the Water system - Integrated Text on Conciliation (TICO).


This provision governs the procedure for the mandatory attempt at settlement of disputes between end customers of low and/or medium voltage electricity, end customers of low pressure gas, prosumers or end users and operators or service providers. The Italian Regulatory for Electricity Gas and Water, through resolution 620/2015/E/com has therefore established the list of Alternative Dispute Resolutions (ADR) entities pursuant to art. 141-decies of the Consumer Code. The aforementioned updated list is available on the authority's website on the page dedicated to the conciliation service on this website.

 

Therefore, end customers who remain dissatisfied with the handling of their complaints or have received no reply are required - from 1 January 2017 - to make an attempt with an ADR tool before resorting to the ordinary courts. The use of an ADR procedure, therefore, is configured for the end customer as a condition for the prosecution of the judicial action that it may wish to take.

 

Enel plays an active role in ADR procedures, such as the Energy Customer Conciliation Service AU and Joint Negotiation (in the light of the regulatory protocol with the consumer associations). Enel has also made a significant contribution for the purposes of the mandatory attempt at settlement, required after the entry into force of the provisions contained in the TICO (1 January 2017). The official list of mediation entities as well as the list of Chambers of Commerce adhering to the Agreement can be consulted on this website.

 

The Conciliation Service and the Joint Negotiation are procedures that can be activated free of charge by the client and require the participation of Enel. These procedures may be activated after having submitted a written complaint to Enel and having received a written response deemed unsatisfactory or after not receiving any response. The conciliation request must be submitted.

 

For the Conciliation Service, it is possible to submit the conciliation request after submitting a written complaint to the operator and having received a written response deemed unsatisfactory or after 40 days have passed since the submission of the complaint. It is also possible to activate the Service in the case of a conciliation referral arranged in court. It is not possible to submit a request for conciliation for the same dispute when:

  • an attempt at conciliation has already been initiated or concluded;
  • the Conciliation Service has filed the application for renunciation or non-appearance of the user at the meeting. However, in the case of death of the end customer, if documentation is not found adequate for the continuation of the procedure (delegation of the heirs and attestation of their number, identity and qualification), the storage that follows allows the request to be re-proposed by the legitimate subjects.


For Joint Negotiation, starting from the date of response by Enel or, in the event of no reply, from the expiry of the term of 40 calendar days from the submission of the complaint.

The Joint Negotiation Regulations can be consulted on this website

Enel also participates in the Assisted Negotiation procedure according to the requirements contained in the legal text establishing it, in observance of the provisions of the Authority for Electricity, Gas and the Water System and in accordance with the requirements of the coordination documents (consolidated acts, codes, decrees and ministerial circulars) that will regulate the establishment of mandatory attempts at settlement.

 

Some useful links and addresses:
For information and access to the Energy Conciliation Service introduced by the Authority with Resolution 260/2012/E/com visit our website at this page

 

For information on the Joint Negotiation procedure between Enel and Consumer Associations, consult this page

 

To forward invitations to the Assisted Negotiation procedure:

PO Box 8080 - 85100 Potenza or enelenergia@pec.enel.it

 

Mediation entities and Chambers of Commerce wishing to send an invitation to experience a mediation attempt may use the following addresses:

PO Box 1000 - 85100 Potenza, or by writing to the email address

enelenergia@pec.enel.it

 

European Commission ODR

If you have a problem with goods or services you purchased online, you can use this platform to make a complaint and have it resolved by an independent dispute resolution body

 

Consult the annual reports on Joint Negotiation Practices in the documents section on this website or on the joint negotiation website on this link

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