Conciliations and dispute resolution

Alternative Dispute Resolution

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.

This decree amended the Consumer Code (Legislative Decree No. 260 of 6 September 2005) by adding Title II-bis Out-of-court dispute resolution and replacing art. 141 with articles 141-bis to 141-decies.

 

On 5 May 2016, the 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. Through resolution 620/2015/E/com, ARERA has therefore established the list of ADR bodies 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 at this address.

 

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 legal action that it may wish to take.

 

Enel's contribution to testing of the mandatory conciliation attempt described above is significant. In fact, Enel actively participates in carrying out of the ADRs with the Conciliation Service (managed by Acquirente Unico S.p.A. on behalf of ARERA) and the Negoziazione Paritetica [Joint Negotiation] (in light of the regulatory protocol concluded with the CNCU's Consumer Associations) as well as through civil and commercial mediation with mediation bodies (provided they are registered in the ADR list of the Authority) or at the Chambers of Commerce that have subscribed to the agreement signed by ARERA with Unioncamere.  The official list of mediation bodies as well as the list of Chambers of Commerce subscribing to the Agreement can be consulted at this address.

 

The Conciliation Service and Joint Negotiation are procedures that can be activated free of charge by the customer and envisage Enel's obligation to be part of them. These procedures may be activated after having submitted a written complaint to Enel and having received a written response deemed unsatisfactory or not having received 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 if 40 days have passed since submission of the complaint. It is also possible to activate the Service if a referral to conciliation has been ordered in court. It is not possible to submit an application for conciliation when, for the same dispute:

  • an attempt at conciliation has already been initiated or concluded;
  • the Conciliation Service has dismissed the request due to renunciation or non-appearance of the initiator at the meeting. However, in the event of the death of the end customer, if adequate documentation is not produced for continuation of the procedure (delegation of heirs and attestation of their number, identity and title), the dismissal that follows allows the request to be re-submitted by legitimate parties.

For Joint Negotiation, starting from the date of reply by Enel or, in the event of non-response, from the expiry of the term of 40 calendar days from submission of the complaint.

The Joint Negotiation Regulations can be consulted at this address.

Furthermore, Enel participates in the Assisted Negotiation procedure according to the provisions contained in the text of the founding law, in compliance with the provisions of ARERA, and according to what will be provided for in the coordination deeds (consolidated texts, codes, decrees and ministerial circulars) which will regulate institution of the mandatory attempt at conciliation.

 

Some useful links and addresses:
For information and access to the Energy Conciliation Service introduced by the Authority with Resolution260/2012/E/com visit this website.

 

For information on the Joint Negotiation procedure between Enel and the consumer associations visit this website.

 

To forward invitations to the Assisted Negotiation procedure:

PO Box 1100 - 85100 Potenza otherwise you write to the e-mail address enelenergia@pec.enel.it

 

European Commission-ODR platform
 If you have encountered a problem with an online contract and you live in the EU, to find an out-of-court solution: you can use this site

 

Consult the annual reports on Joint Negotiation Files in the DOCUMENTS section of this website or on the joint negotiation website through this link



 

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