The Chamber is against making the decisions of the Consumer Disputes Committee mandatory

A draft bill has been prepared in the Ministry of Economic Affairs and Communications, which contains several significant amendments to the Consumer Protection Act regarding the resolution of consumer disputes. For example, in the future, the enforcement of the decisions of the Consumer Disputes Committee will be mandatory, and it will be possible to turn to a bailiff for compulsory enforcement of the decision. The Chamber of Commerce has informed the ministry that it opposes making the committee's decisions binding.

Enforcement of Consumer Disputes Committee Decisions to Become Mandatory
Currently, the enforcement of the Consumer Disputes Committee's decisions is advisory for the trader, but according to the draft bill, the enforcement of decisions will become mandatory. We believe that the planned changes will not solve the problem of unenforced decisions, as the decisions are mainly not enforced by traders who are in financial difficulties.

In addition, making the decisions of the Consumer Disputes Committee binding may be in conflict with the Constitution of the Republic of Estonia. According to the Constitution, only courts administer justice in Estonia, and it is currently not clear whether binding decisions made by extrajudicial dispute resolution units created under administrative bodies are constitutional at all. Furthermore, Estonia has previously opposed the directive of the European Union that makes the decisions of extrajudicial dispute resolution units binding on the parties.

If the enforcement of decisions becomes mandatory for the trader, then the rules for resolving consumer disputes will also become significantly more detailed. Therefore, dispute resolution may become more complicated for both the consumer and the trader, and in more cases, the assistance of a lawyer may be needed. In addition, we see that making the committee's decisions binding may increase the submission of malicious claims.

Consumers to Pay a State Fee for the Review of Their Application
The draft bill provides that in the future, the consumer must pay 15 euros if they wish to resolve their dispute in the committee. The Chamber considers the imposition of a state fee reasonable, as it helps to reduce the submission of malicious complaints.

Regarding the amount of the state fee, the Chamber proposed to the ministry that a state fee of 15 euros should apply to claims of up to 500 euros, and for larger claims, the state fee should be proportional to the submitted claim. A state fee dependent on the size of the claim would have an even greater disciplinary effect on the applicant and avoid more bad-faith complaints.

Trader to Reimburse the State Fee
According to the amendments, the committee may, in a decision satisfying the consumer's claim, oblige the trader to reimburse the consumer for the state fee they paid. We asked the ministry to clarify how this rule applies if the consumer's claim is partially satisfied. The Chamber believes it is very important that the new rules are clear to all parties, as this ensures legal clarity and uniform action by the committee in making decisions.

According to the draft bill, the amendments will come into force on January 1, 2026.