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The Procedure of Taking Legal Action

Enterprises, trade unions, NGOs and the general public can contact the National Contact Point (NCP). The NCP studies the admissibility of the enquiry which has to be sufficiently precise and must contain a clear reference to the OECD Guidelines.

If the enquiry is declared admissible, the National Contact Point tries to organize between the parties concerned a consensual arrangement on the emerged question. To this end, it consults, if necessary, the National Contact Point of one or more concerned countries.

If the parties do not reach an agreement, the NCP has to publish a communiqué and, potentially, recommendations concerning the implementation of the OECD Guidelines. These recommendations nevertheless have to be formulated in a way which respects the confidentiality of sensitive data of the enterprise.

Every National Contact Point or one of the consultative organs of the OECD (BIAC, the Business and Industry Advisory Council, and TUAC, the Trade Union Advisory Council) can, if they disagree with the interpretation given by the National Contact Point, ask for a clarification through the CIME Committee. The concerned enterprise has the possibility to express its point of view and be heard on its own or on the demand of members of the NCP. But, in any case, the CIME Committee cannot draw conclusions on the behaviour of this enterprise.

Last change: 25.01.10 - 18:44