Guidelines54. In particular, emphasis is placed on the fact that the EU legal framework on ADR is intended to enable consumers to effectively assert their rights in disputes with traders over the purchase of a product or a service. While the investment in terms of costs and time of going to court can be discouraging and informal tools can be insufficient, the quality-certified ADR bodies under Directive 2013/11/EU of the European Parliament and of the Council should resolve a dispute within 90 days, at no or only a nominal cost to the consumer. Consumers have access to quality-certified ADR bodies if they are residents in the EU and the trader is established in the EU. If air carriers are not obliged under national law to participate in procedures before ADR bodies, it is desirable that they voluntarily commit to participating in relevant procedures and inform their customers of this. Consumers’ access to ADR bodies comes in addition to the possibility for passengers to complain to national enforcement bodies under Regulation (EC) No 261/200455. III. THE ALTERNATIVE DISPUTE RESOLUTION PROCEDURE REGULATED BY ORDER TMA/201/2022 1. Preliminary: the limited effectiveness of AESA as the body responsible for the enforcement of Regulations No. 261/2004 and No. 1107/2006 AESA is the state agency, attached to the State Secretariat for Transport of the Ministry of Transport, Mobility and Urban Agenda, responsible for ensuring compliance with civil aviation regulations across the aviation sector in Spain56. Furthermore, it was designated as the national enforcement body responsible for ensuring compliance with Regulations No. 261/2004 and No. 1107/2006. Therefore, in Spain, as in most EU member states, the responsibility for ensuring compliance with both regulations lies with a single competent authority, the civil aviation authority57. From this perspective, AESA’s role is to supervise and verify the implementation and compliance with these regulations; in essence, ensuring that the rights granted under them are respected by airlines and/or airport operators. 54 Section 8 is dedicated to “Complaints to national enforcement bodies, alternative dispute resolution entities and consumer protection under the consumer protection cooperation regulation”. 55 As stated in the interpretative guideline 8.2. 56 https://www.seguridadaerea.gob.es/es/quienes-somos/que-es-aesa 57 See “Study on the current level of protection…”, op. cit., pp. 121 and 123. 43 THE IMPLEMENTATION OF ADR IN PASSENGERS AIR TRANSPORT
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