One of the major aims behind creating the Alternative Dispute Resolution ("ADR") Directive, was that it would be possible to accept claims not only from the same country of the European Union, but also the claims from two or more member states: as a result, it would really have a cross-border character.

However, unfortunately, Recital 26 of the Directive destroys the whole fantasy, at least partially. As it is well known, the challenge of the legal system is a play of words. Now Recital 26 of the Directive allows the traders established in one Member State to be covered by an ADR scheme in another Member State (ie we are one step closer to making of the dream come true). However, under the Directive, the ADR schemes do not have the obligation to accept the complaints coming from the other countries. Therefore it is simply up to their “goodwill” to decide whether your case will be accepted or not, and if they reject it, there is no legal obligation to explain why they acted the way they did.

So,  if you are Hungarian citizen and wish to bring the claim against a trader  established, say, in France with the Hungarian mediator it will be up to the mediator to decide whether to resolve the case or not, and in addition to pursue your case online or not. Therefore, the question remains: if the Mediator does not come to you, will you go to him/her in another Member State?