The Procedure at the Disputes Committee
The Disputes Committee procedure offers residents of Den Haag a simple and swift way to resolve conflicts with businesses. This independent out-of-court method results in a binding decision, particularly for the entrepreneur. It applies to affiliated firms in sectors such as telecom, housing corporations, and online shops, as an alternative to the District Court of Den Haag.
What is the Disputes Committee procedure about?
The Disputes Committee acts as a neutral party for consumer disputes. Start by filing a complaint with the business. No resolution? Submit it to the committee, which consists of a lawyer-chairperson and sector experts. The decision binds the entrepreneur, but residents of Den Haag retain the right to go to the District Court of Den Haag if dissatisfied.
Practical and affordable: handling typically takes 4 to 6 months, compared to longer procedures at the District Court of Den Haag. Costs range from €25 to €125, depending on the committee and dispute value.
Legal basis
The procedure falls under the recognition framework for dispute settlement bodies, as stipulated in the Decree of 29 November 2011 (Bulletin of Acts and Decrees 2011, 606), rooted in Article 7:17 of the Dutch Civil Code (DCC). This promotes alternative dispute resolution.
The Foundation for Consumer Disputes Committees (SGC) oversees recognitions. Only authorized committees issue binding decisions. In case of violations, the Council for Legal Aid may intervene. Article 15(1) of the Unfair Commercial Practices Act (UCPA) links this to consumer protection.
Step-by-step guide for the Disputes Committee in Den Haag
- Complaint to the entrepreneur: Start with a complaint to the business and wait 4 weeks (Art. 7:17 DCC).
- Submission to the committee: Use the online form on degeschillencommissie.nl. Attach Den Haag-specific evidence such as invoices, emails, and photos.
- Intake and fees: Pay the court fee (€25-€125). Parties are notified.
- Written exchange: Submit documents; witness statements possible.
- Hearing (if needed): Informal session, no lawyer required.
- Decision: Within 4-6 weeks after the hearing. Binding on the business; compliance within 2 months.
- Enforcing compliance: In case of refusal, via the Court of Appeal of Den Haag (Art. 7:17(3) DCC).
Rights and obligations
Rights of consumers in Den Haag:
- Low cost (court fee often refunded on success).
- Hearing and right of reply guaranteed.
- Self-representation; no lawyer needed.
- Quick resolution.
Obligations of consumers:
- Share complete information.
- Follow the procedure correctly.
- Pay court fees.
Obligations of entrepreneurs: Be affiliated and implement the decision.
Den Haag practice cases
Case 1: Online purchase. Ms. De Boer from Den Haag ordered a defective bicycle (€900) from a webshop. No response to complaint. The committee awarded a refund after the hearing; paid within weeks.
Case 2: Telecom. Mr. Smit faced unexpected charges on his subscription. Business denied it. Ruling: €350 refund and adjustment; enforced via the Court of Appeal of Den Haag.
Case 3: Rental property. Tenant in a Den Haag housing corporation reported mold. Committee awarded €1,200 compensation.
Comparison: Disputes Committee vs. District Court of Den Haag
| Aspect | Disputes Committee | District Court of Den Haag |
|---|---|---|
| Costs | €25-€125 | €80+ + lawyer |
| Duration | 4-6 months | 6-18 months |
| Binding | Business yes, consumer no | Both yes |
| Lawyer? | No | Recommended |
| Style | Relaxed | Formal |
FAQ Disputes Committee Den Haag
Must I first approach the business?
Yes, file the complaint and wait 4 weeks. Keep evidence for your Den Haag case.
What if non-compliance?
Submit to the Court of Appeal of Den Haag for a penalty payment.
Bring a lawyer?
Possible, but rarely essential in this informal setting.
Dispute > €25,000?
Then to the District Court of Den Haag, subdistrict court.
Tips for Residents of Den Haag
- Check affiliation on degeschillencommissie.nl.
- Gather evidence: Den Haag mail, photos, agreements.
- Use ACM complaint template or visit Legal Aid Office Den Haag and Municipality of Den Haag for support.