Exceptions for Traders under the 2026 ADR Directive Changes
The new ADR Directive, expected to come into force in 2026 and to impact national legislation across EU member states, requires traders to respond to complaints within 20 days, or up to 30 days for more complex cases.
However, the directive does not impose an absolute duty to respond. There are clearly defined cases where traders are not obligated to reply to an ADR body. It is important that traders understand these exceptions correctly and avoid applying them automatically in situations where they don’t apply.
When Does the “Duty to Reply” Not Apply?
According to the directive, the obligation to respond does not apply in the following cases:
- When participation in ADR is already mandatory under national law
In certain high-risk sectors where a country has made ADR participation compulsory—such as air transport, which is under discussion in some EU countries—the obligation to respond does not apply. In such cases, traders are already required to take part in the procedure, and it is assumed they will respond. - When the ADR body can reach a decision without the trader’s consent
In some countries, ADR systems allow the body to issue a decision based on the available information, even if the trader does not participate.
In such mechanisms, the directive does not require a separate obligation to respond, as the system is designed to continue even in case of silence from the trader. - When the trader has already contractually committed to using ADR
For example, if a trader has explicitly agreed, through general terms and conditions or a specific agreement- that disputes will be referred to a certain ADR body, the obligation to respond is considered covered by the stronger contractual commitment to participate.
Important note: These exceptions are not a general permission to ignore ADR bodies. They are designed to avoid overlapping obligations in systems where participation is already ensured by other means.
National Context: Bulgaria
At this stage, Bulgaria has not implemented legal regimes that make ADR participation mandatory. Therefore, the requirement for traders to respond within 20 days or 30 for more complex cases- will apply. If the new directive leads to legal changes introducing mandatory ADR in certain sectors, some of the above exceptions may become relevant.
Practical Examples
- Regulated sector (e.g., financial services):
If national law makes ADR mandatory for certain products, there is no need for a separate “duty to reply,” since participation is already required. - Clause in the general terms and conditions:
If a trader has committed to using a specific ADR body, it would be difficult to justify not responding to complaints submitted there- it would contradict their own agreement.
However, if complaints are submitted to a different ADR body not mentioned in their terms, the trader is not obligated to respond to that body.
In the next post, we’ll share tips for traders on how to prepare for the upcoming legislative changes.