Committee’s decision and compliance with the decision
§ 57. Making of decision
(1) The committee shall make a decision after hearing the dispute at the sitting. Only members of the committee shall be present while the decision is made.
(2) The decisions of the committee shall be reasoned and be based on legal assessment of the circumstances of the dispute. The committee shall evaluate all evidence from all perspectives, thoroughly and objectively, when making a decision.
(3) If there is a conflict of laws in the case of a cross-border dispute and the law applicable to the contract between the consumer and the trader is determined in conformity with paragraphs 1 and 2 of Article 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council, account shall be taken upon making a decision of the contract law provisions of the Member State of the residence of the consumer and an agreement which derogates therefrom is void.
(4) Decisions shall be made by a simple majority of votes. Members of the committee who maintain a minority position have the right to dissent which shall be reflected in the decision of the committee.
(5) Members of the committee do not have the right to remain undecided.
§ 58. Preparation of decisions
(1) Decisions of the committee shall be prepared by the chairman of the committee in writing and consist of an introduction, a descriptive part, the statement of reasons of the committee and a conclusion. Decisions shall be signed by all the members of the committee.
(2) A decision shall set out:
1) the date of making the decision and the names of the parties;
2) the claim of the consumer and the objections of the trader;
3) the facts and evidence established by the committee, the conclusions reached by the committee on the basis thereof, and the legislation and the particular provisions of the legislation applied by the committee;
4) the position of the committee concerning the satisfaction, partial satisfaction or dismissal of the claim of the consumer.
§ 59. Communication and publication of decisions
(1) A copy of a decision shall be sent to the parties by post or e-mail within two business days after the signing thereof.
(2) A decision of the committee without the personal data of the consumer participating in the dispute shall be published on the website of the Consumer Protection Board within two business days after the signing thereof.
§ 60. Compliance with decisions
(1) A decision of the committee shall be complied with by the trader within 30 days after the day following the day of its publication on the website of the Consumer Protection Board unless a different term is specified in the decision.
(2) If the parties do not consent to the decision of the committee or fail to comply therewith, they may refer the same dispute to the county court for a hearing.
(3) A trader shall notify the Consumer Protection Board in writing of compliance with the decision or of referring the same matter to the county court enclosing a copy of the statement of claim filed with the county court.
(4) A list of the traders who have failed to comply with the decisions of the committee shall be published on the website of the Consumer Protection Board. A trader shall be entered in the list of traders who fail to comply with the decisions of the committee if the trader has failed to notify the Consumer Protection Board in accordance with subsection (3) of this section within the term specified in subsection (1) of this section.
(5) A trader entered in the list shall be deleted from the list when:
1) the trader complies with the decision of the committee after being entered in the list;
2) more than 12 month have passed from the entering of the trader in the list.
(6) The Consumer Protection Board has the right, with the consent of the consumer and as the representative of the consumer, to refer the dispute resolved at the committee to a county court for the dispute to be heard if the trader has failed to comply with the decision and the dispute is relevant to the application of an Act or other legislation or to the collective interests of consumers.