The consumer Ombudsman for the ENGIE Group 2023 report

12

The legal framework for Mediation

The independence

of the Ombudsman

Consumer mediation emerged from the European states’ desire to enhance

consumer trust in the functioning of the common market.

In pursuit of this goal, the European Commission introduced

the RELC Directive (Extra-judicial Resolution of Consumer

Disputes) in 2013. This directive aimed for minimal harmonisa-

tion, allowing each member state to adapt it while considering

local mediation practices. It outlined key criteria def ining this

unique form of mediation. The days of mediators self-declar-

ing independence without oversight were over. The directive

specif ied the mediator’s status, the mediation procedures,

and the oversight mechanisms, ensuring independence for

consumers. France transposed this directive in 2015, incorpo-

rating several key provisions:

• Consumer mediation must be voluntary on the part of both

parties to the dispute;

• Consumers may have free recourse to a consumer mediator;

• Professionals are responsible for funding the entire me-

diation process, empowering mediators to maintain inde-

pendence. Consequently, professionals have no inf luence or

f inancial stakes tied to mediation outcomes;

• There are no limits on the value of disputes eligible for me-

diation;

• Professionals are obligated to inform consumers of their

right to seek consumer mediation and ensure accessible

mediation services, while emphasising that mediation is

optional. The mediation process must not preclude recourse

to legal action; therefore, the limitation period is suspended

during mediation;

• Professionals can select their preferred mediation system,

provided it is approved by the assessment and control com-

mission;

• Mediators lack binding authority and can only propose

solutions based on legal principles and fairness which the

parties are free to accept or reject Conf identiality is

strictly maintained throughout the mediation process

adhering to legal principles

Crucially France established an independent state body

the National Commission for the Assessment and Control

of Consumer Mediation CECMC tasked with overseeing

compliance with these provisions outlined in Title 1 of Book

VI of the Consumer Code Articles L6111 to L6411 and R6121

to R6162

The Appointment

of the Ombudsman

for the ENGIE Group

The CECMC is the body responsible for appointing ombuds-

men, whether they are individuals or legal entities (organisa-

tions, federations, etc.).

The choice of Ombudsman is governed by law, with specif ic

criteria outlined in article L613:

The Consumer Ombudsman must:

“(1) Possess skills in the f ield of mediation as well as solid legal

knowledge, especially in the f ield of consumer af fairs;

(2) Be appointed for a minimum period of three years;

(3) Be remunerated regardless of the outcome of the mediation;

(4) Not be subject to a conf lict of interest but, if such a situation

arises, declare it as such.”

Foundational principles of

consumer mediation, independence

and impartiality are thus assured

by the CECMC.

In this regard in February 2016

Mediation for the ENGIE Group was

added to the list of independent

consumer mediators of f icially

communicated to the European

Commission

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