Legislation

This section contains the general legislative framework for out-of-court dispute resolution systems and, more specifically, that for the banking and financial sector, with particular reference to the functioning of the Banking and Financial Ombudsman.

EU and national legislation

European legislation:

  • Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes (the Directive on consumer ADR)
  • Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes (the Regulation on consumer ODR)
  • Commission Recommendation of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes (98/257/EC).

National legislation:

  • Consolidated Law on Banking and, in particular, Title VI regarding the transparency of contractual conditions and of customer relations and providing for the establishment of an out-of-court settlement scheme for disputes between customers and banks and other financial intermediaries (Article 128-bis)
  • Legislative Decree 130/2015 (implementing Directive 2013/11/EU on ADR for consumers)
  • Bank of Italy provisions on the transparency of banking and financial transactions and services and proper conduct in the relations between financial intermediaries and customers
  • Interministerial Credit Committee Resolution No. 275 dated 29 July 2008 establishing the criteria for the conduct of out-of-court dispute resolution procedures and entrusting their organization and functioning to the Bank of Italy.

Functioning of the ABF

The Bank of Italy's provisions of 18 June 2009 (last updated in 2016) contain the detailed regulations on the functioning of the ABF and on the procedure for filing a complaint.

The legislative framework is completed by:

  • the regulation on the functioning of the ABF's decision-making body;
  • the code of conduct which identifies the fundamental values and principles and establishes the rules of conduct for the members of the panels;
  • the table of the fees payable to the panel members.