30 Jun Catalan Consumer Agency: a useful tool for resolving disputes without going to court

Catalan Consumer Agency: a useful tool for resolving disputes without going to court

The Catalan Consumer Agency (ACC) is a public body of the Government of Catalonia that protects the rights of consumers and users. Its role goes far beyond simply providing information: it also offers pathways to resolve consumer disputes through out-of-court methods, avoiding the need to go to court.

When can you turn to the ACC?

Consumers can contact the ACC when they have a dispute with a business or professional based in Catalonia, in situations such as:

• Defective products or breach of conditions
• Services not provided or provided incorrectly (banking, telecom, insurance, travel…)
• Unjustified charges or abusive clauses
• Issues with contracts, repairs, subscriptions, or warranties

Before filing a complaint, consumers must try to resolve the issue directly with the company. If the response is negative or there’s no reply within a reasonable time, the ACC can step in.

What procedures does the ACC offer?

It’s important to clarify that the ACC operates solely in the out-of-court sphere. Both mediation and consumer arbitration are administrative, voluntary, and free of charge.

In the case of consumer arbitration:

• The ACC gets involved only if both parties agree to submit to the process. The Arbitration Board appoints a panel that issues a binding award.
• The court only steps in under two circumstances:

1. If one party refuses to accept arbitration (and is not part of the system).
2. If one party does not comply with the award, which can then be enforced in court like a judgment.

What procedure applies depending on the amount involved?

The ACC applies financial thresholds to determine the type of arbitration procedure:

• Up to €300: simplified procedure (handled in writing, no hearing).
• Between €300 and €2,000: simplified or ordinary, depending on complexity.
• Over €2,000: ordinary procedure by default.

This structure ensures efficient use of public resources, proportionality, and a balance between speed and legal safeguards.

The ACC’s two main out-of-court mechanisms:

1. Consumer mediation
   • Free and voluntary
   • Managed by specialized public staff
   • Seeks amicable agreements
   • Fast resolution: most cases are solved within weeks
2. Consumer arbitration
   • Also free and out-of-court
   • Can be initiated if the business is part of the system or agrees to it
   • An arbitration panel issues an award with the same value as a court judgment

What if the dispute involves a business or professional?

Although the ACC is designed to protect consumers, it’s common for small businesses or self-employed professionals to also face disputes. Two main situations must be distinguished:

1. The business has a dispute with a supplier or service provider

In this case, the ACC is not competent, as it only intervenes in consumer-business relationships. The alternatives include:

• Reviewing the contract for dispute resolution clauses
• Trying a direct negotiation
• Sending a formal complaint (via certified email or postal service)
• Using commercial mediation or arbitration (via chambers of commerce, professional associations…)
• As a last resort, taking the case to ordinary courts

2. The business has a dispute with a customer

Here, the ACC may intervene:

• The customer can file a complaint
• The business can respond, agree to mediation, or accept arbitration
• Active participation improves the business’s image and helps avoid unnecessary legal action

Voluntarily joining the arbitration system can serve as a trust mark for customers.

When is it necessary to go to court?

Taking legal action should always be the last resort, only when out-of-court solutions are not applicable or have failed.

Going to court may be appropriate when:

• The company refuses arbitration and mediation fails
• Compensation claims require complex evidence or legal arguments
• The conflict falls outside the ACC’s remit (e.g., business-to-business issues, employment or commercial disputes)
• There is already an active court case on the same matter
• A binding arbitration award is ignored and must be enforced by the court

In summary, courts intervene:

1. As a primary route when no ADR (Alternative Dispute Resolution) is possible
2. As a backup if ACC mechanisms have failed
3. As an enforcement channel for arbitration awards

The ACC as a pressure valve for the judicial system

Organic Law 1/2025 strengthens the role of ADR mechanisms, making it mandatory in many cases to attempt an out-of-court solution before filing a civil lawsuit.

In this context, the ACC acts as a pressure valve for the courts, resolving thousands of consumer disputes every year without the need for trials. It also promotes a culture of dialogue and mutual trust in consumer relations.

More information

For details on procedures, deadlines, claim forms and lists of businesses participating in consumer arbitration:
👉 https://consum.gencat.cat