Dispute resolution
Consumers can always try to resolve a dispute with a trader amicably by submitting a written complaint
If you believe that your consumer rights have been violated, you can submit a written complaint:- the trader has to reply within 15 days of receiving the complaint.
Procedure for exercising consumer rights (public service users):
- a trader providing a public service has to enable consumers to submit a written complaint and has to respond without delay within 15 days
- upon receiving a response to the written complaint, consumers may submit a complaint with the Public Service Complaints Commission (PSCC) established by traders providing public services for: electricity distribution, natural gas distribution, thermal energy distribution, electronic communications services, public water supply and public drainage, gas supply under public service obligation, chimney sweeping services, electricity supply under universal service obligation, postal services, collection of mixed and biodegradable municipal waste, passenger transport in public traffic, and parking services on regulated public areas and in public garages.
- the PSCC has to respond in writing to the received complaint within 30 days of the date it was received.
What if the dispute is not resolved by a complaint?
- Only after consumers have exhausted the procedure of submitting a written complaint to the trader or, in the case of public services, exhausted the complaint procedure before the PSCC, can they submit a complaint to the Market Inspection of the State Inspectorate or initiate out-of-court or court proceedings regarding the further exercise of their consumer rights.
- If you have not succeeded in resolving your dispute with a trader through a written complaint, court proceedings are not the only solution available to you. Namely, in this case you can submit a proposal for dispute resolution with the trader to one of the bodies dealing with alternative dispute resolution in the Republic of Croatia. There are a number of advantages why citizens should, at certain times, opt for initiating an alternative method of dispute resolution rather than to bring proceedings before the ordinary court.
The advantage of alternative dispute resolution is that this method is much more flexible than bringing an action before a court. It is conducted in a more informal setting, and it represents a lower cost for both the consumer and the trader. Furthermore, if an agreement is reached in such disputes, it serves as an acceptable solution for both parties.
You can try to resolve the dispute through one of the authorities competent for the alternative dispute resolution in the Republic of Croatia.
If the trader is a sole trader / a craftsman, then the proceedings may be brought before:
1. Mediation Centre at the Croatian Mediation Association, address: Zagreb, Kneza Mislava 12, info@medijacija.hr
2. Profi Test d.o.o., Mediation Centre “Medijator“, address: Bjelovar, Petra Hektorovića 2,
medijator@medijator.com.hr
3. Mediation Centre of the Croatian Chamber of Trades and Crafts (HOK), address: Zagreb, Ilica 49/II, mirenje@hok.hr
4. Court of Honour of the Croatian Chamber of Trades and Crafts (HOK), address: Zagreb, Ilica 49/II, sud-casti@hok.hr
If the trader is a company (j.d.o.o., d.o.o., d.d), proceedings may be brought before:
1. Mediation Centre at the Croatian Mediation Association, address: Zagreb, Kneza Mislava 12, info@medijacija.hr
2. Profi Test d.o.o., Mediation Centre “Medijator“, address: Bjelovar, Petra Hektorovića 2,
medijator@medijator.com.hr
3. Mediation Centre at the Croatian Chamber of Economy (HGK), address: Zagreb, Rooseveltov trg 2,
mirenje@hgk.hr
In the event that consumers fail to resolve their dispute with a trader amicably, they may seek protection of the rights they believe have been violated before a competent court by a lawsuit.
Representative actions for the protection of collective interests and consumer rights
Only a small number of consumers initiate lawsuits to protect their consumer rights that they consider to be infringed. Judicial proceedings are often characterised by delays, uncertainty, and require engagement and substantial financial outlays for court expenses (e.g. for expertise).
Therefore, a representative action for the protection of collective interests and consumer rights is an important instrument of protection.
Where a trader has infringed the rights of a number of consumers, as was the case in the so-called “Franak” case, consumers may obtain judicial protection by bringing a representative action.
In that case, the action is brought by an authorised entity. In the Republic of Croatia, authorized entities are as follows:
CONSUMER PROTECTION ASSOCIATIONS
Društvo potrošača Međimurja (Consumer Association of Međimurje) - consumers@dpm.hrDruštvo Potrošačica (Female Consumer Club) - potrosacica@potrosacica.hr
Udruga Franak (Franak Association) - udrugafranak@udrugafranak.hr
Consumers interested in protecting their rights by means of a representative action may directly contact authorised associations for more information.
In addition to the associations, authorised entities can be:
Ministry of the Economy
Ministry of Agriculture, Forestry and Fisheries
Ministry of Tourism and Sport
Ministry of Finance
Ministry of Sea, Transport and Infrastructure
Agency for Coastal Maritime Traffic
Croatian Regulatory Authority for Network Industries
In 2023 the Act on Representative Actions for the Protection of Collective Interests and Rights of Consumers entered into force (Official Gazette / NN 59/23) which has improved the whole system of protection of collective interests of consumer rights.
The previous regime only allowed for the determination of a trader's infringement and/or the prohibition of further violations, while actual compensation had to be pursued through individual lawsuits. This was highly burdensome for consumers as it still required the advancement of attorney fees and the costs of the litigation itself.
The current law allows the same lawsuit to require not only a determination of a breach of consumer rights and/or an injunction against a trader's unlawful conduct but also redress for the affected consumers.
How do consumers participate in a representative action?
Consumers can independently approach associations authorised to bring representative actions, or other authorised bodies, and request that they consider filing a representative action. Alternatively, they can respond to a public call already issued by authorised entities through the media on their websites, or similar channels.
Traders who are already being sued in a representative action for damages must themselves notify consumers who might be affected by the same infringement that is the subject of the claim. This is to ensure that these consumers, prior to the conclusion of the main hearing, can provide a statement expressing their wish for their claim for damages to be included in the same lawsuit.
In any case, consumers must provide a written statement to the authorised entity expressing their consent to be included in a specific representative action. By doing so, they waive the possibility of resolving their dispute with the trader through individual litigation. However, they may withdraw their statement until the conclusion of the main hearing.
Consumers included in a representative action ARE NOT parties to the proceedings! The parties are exclusively the claimant (authorised entity) and the defendant. Since consumers are not parties to the proceedings, they cannot request any procedural actions during the process, such as the presentation of specific evidence, nor can they file an appeal or similar motions. All procedural actions on their behalf are requested by the claimant (authorised entity). However, the claimant (authorised entity) may discuss the expediency of any action with the affected consumers before taking it.