Consumer rights

Consumer rights

"I bought a batch of chocolate bunnies in a luxury shop to give to the children in my family over the Easter weekend. I gave in to the temptation of biting into one and was stunned to discover that it didn't taste like a quality confection. However, the shop refuses to refund my money and, despite the high price of the goods, I'm afraid that the cost of a procedure will also be left on my stomach. What can I do?"

Yves, Geneva

The administration of civil justice does generate significant costs for the State, which cannot be borne entirely by taxpayers; they are therefore, in principle, borne by the parties to the proceedings.

In Geneva, the law implementing the Swiss Civil Code and other federal laws in civil matters (LaCC) expressly states that in proceedings that are not provided for by law to be free of charge, the courts must charge court fees, which include costs and a flat-rate fee to cover their services. The regulation setting the tariff of costs in civil matters (RTFMC) specifies that in conciliation proceedings, the fee is set at CHF 100 for disputes involving an amount of up to CHF 30,000 and CHF 200 for disputes involving a higher amount. In ordinary or simplified first-instance proceedings, the introductory fee is between CHF 200 and CHF 2,000 for disputes with a value in dispute of less than or equal to CHF 10,000; between CHF 1,000 and CHF 3,000 for disputes with a value in dispute of between CHF 10,000 and CHF 30,000; and between CHF 2,000 and CHF 8,000 for disputes with a value in dispute of more than CHF 30,000 but not exceeding CHF 100,000.

It is up to the claimant to advance these costs at the start of the proceedings, which means that for a case with a modest value in dispute, this initial outlay can be a deterrent from the outset.

This is one of the reasons why the Geneva Grand Council adopted a bill last November entitled "Facilitating access to justice for consumers".

Thus, since 28 January 2017, art. 22 para. 5 LaCC provides that no fees are charged for disputes concerning consumer contracts. As a result, in the event of a dispute relating to purchases of goods or services for everyday consumption intended for the consumer's personal or family needs and which were acquired in a professional or commercial context, there are no longer any court filing fees to be paid if the value in dispute is less than CHF 30,000. You will therefore be exempt from both the conciliation costs and the costs of the proceedings at first instance if you intend to take legal action to demand the replacement or reimbursement of your sweets. However, the unsuccessful party will still have to pay costs.

May this little annoyance not prevent you from enjoying the multicoloured eggs... Happy Easter to you all!