Consumer arbitration procedure.
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a) Resolution of requests for arbitration, presented by consumers and users when a consumer dispute arises with the company complained of.
b) Mediation with the company/establishment claimed.
General information
- Regional ministry
- Consejeria De Industria, Empleo, Innovacion Y Comercio
- Governing board
- Direc. General De Comercio Y Consumo (DIR3: A06029673)
- Classification
- Suggestions, Complaints, Denunciations and Information to citizens
- Subject(s)
- Enterprises
- Energy and industry
- Consumption
- Starting way
- Interested
- Target
- Citizens
- Subject to fees
- No
- Languages in which the procedure can be completed
- Spanish.
- Allow power of attorney
- Yes
- Links to web pages with specific information
- Type
No links are included
Requirements
- Requirements
Request for arbitration filed by a consumer/end user, against a businessman or professional.
Deadlines and submission
- Deadline for submission
One year from the filing of the claim to that effect with the employer claimed.
- Submission deadline start date
- 01/01/2011
- Submission deadline end date
- -
- Periodicity
- Continuous
- Means of submission
- Online and in person
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- Online submission
- At the General Electronic Registry
- Art. 14. 2 of the Law 39/2015, of 1 October, of the Common Administrative Procedure of the Public Administrations, establishes the obligatory nature of the electronic management for certain subjects as, for example, a) The juridical persons, b) Entities without legal personality, c) Those who carry out a professional activity for which compulsory membership is required, for the procedures and actions they carry out with the Public Administrations in the exercise of said professional activity. In any case, within this group, notaries and property and mercantile registrars shall be included. d) Those who represent an interested party who is obliged to relate electronically with the Administration, e) The employees of the Public Administrations for the procedures and actions that they carry out with them due to their condition of public employee, in the form in which it is determined by regulation by each Administration.
- Place(s) for in-person submission
General Electronic Register of the Administration of the Autonomous Community of Cantabria at the electronic address https://sede.cantabria.es/, or in any of the places provided for this purpose in article 134.8 of the Law of Cantabria 5/2018, of 22 November, on the Legal Regime of the Government, the Administration and the Institutional Public Sector of the Autonomous Community of Cantabria, and in Article 16.4 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
Required documentation
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Request for Consumer Arbitration. 2. The request for arbitration must include the following information: a) Name, surname, address and nationality of the consumer, as well as email address, if available. In the event that the request is made through a representative, the representative will be identified, providing a document accrediting said representation. b) National Identity Document number, passport number or Foreigner Identity Number. If the application is made through a representative, the document or identity number of both must be indicated. c) In the event that the Arbitration Board notifies the arbitration proceedings in accordance with the provisions of Law 39/2015, of 1 October, the consumer may choose to have the notification carried out by electronic means or in a physical place. d) Name, surname or company name, NIF and address of the claimed employer, as well as, if known, his address for the purposes of notifications. In the event that the consumer does not have any of this data, he or she will provide any other data that may be of interest for the complete identification and location of the claimed entrepreneur. e) Description of the facts giving rise to the dispute, a clear and specific statement of the claims, determining their amount, whether they are of an economic nature and, where appropriate, the grounds on which the claim is based. Any documentation or evidence necessary for the knowledge and resolution of the dispute shall also be provided. f) The employer's response to the complaint filed with the employer or, if it has not been attended to after one month has elapsed since its presentation, proof of having attempted communication with the employer will be provided. g) If applicable, a copy of the arbitration agreement. h) Signature of the applicant, or of the person acting on his behalf, and place and date of the same. Word.
Mandatory
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Processing and resolution
- Instructor board
- Consumer Arbitration Board of the Autonomous Community of Cantabria.
- Attributive rule
- Decree 11/2019, of 21 February, which establishes the Organic Structure and partially modifies the List of Jobs of the Department of Innovation, Industry, Tourism and Commerce.
- Decree 6/2023, of 7 July, on the Reorganisation of the Ministries of the Administration of the Autonomous Community of Cantabria.
- Royal Decree 713/2024, of 23 July, approving the Regulations governing the Consumer Arbitration System.
- Reports or opinions
- No reports or opinions are required
- Resolution entity
- President of the Consumer Arbitration Board and Arbitration Body.
- Attributive rule
- Royal Decree 713/2024, of 23 July, approving the Regulation governing the Consumer Arbitration System (BOE no. 178, of 24 July 2024).
- Law 60/2003, of 23 December, on Arbitration (BOE no. 309, of 26 December 2003).
- Maximum deadline for decision
- 6 Months
- Average deadline for decision
- 3 Months
- Effects of the administrative silence or inactivity of the Administration
- Initiation by request:
- It does no have
- Does it put an end to the administrative procedure?
- Yes
- Subject to participation of certification partner entities
- No
- Certification Partner Entities
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Currently, there are no certification partner entities authorized to act in this procedure.
Appeals
- Type
Optional appeal for reversal against the resolutions issued by the President of the Consumer Arbitration Board, action for annulment against the award of the arbitration body and review against the final award.
- Board
The optional appeal for reconsideration before the same body and the action for annulment before the Civil and Criminal Chamber of the High Court of Justice.
- Deadline
- 1 month for the appeal for reconsideration and 2 months for the annulment action.
Regulations
- Regulation applied
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- Law of Cantabria 1/2006, of 7 March, on the defence of consumers and users (BOC no. 52 of 15 March 2006).
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- Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
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- Law 60/2003, of 23 December, on Arbitration (BOE no. 309 of 26 December 2003).
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- Royal Decree 713/2024, of 23 July, approving the Regulation governing the Consumer Arbitration System.
Do you need help?
The 012 General Telephone Information Service will be available 24 hours a day, every day of the year, according to the following timetable:
- Personal telephone attention by means of information agents, from 9:00 to 21:00 hours from Monday to Friday, excluding public holidays.
Mechanised attention, via voicemail, during other hours and on public holidays. - Incoming calls to the mailbox will be recorded and then, from the General Information Telephone 012, a response call will be made to the citizen to resolve his or her request for information.
- For telephone calls from outside the Autonomous Community of Cantabria you can dial 942 395 563 (from abroad +34 942 395 563); if you are calling from Cantabria, you can dial 942 395 562.
- This service is only available in Spanish.