# PSR Article 94 — Dispute resolution

Textual state: amended_limited. 5 words changed

- Compared text: Council final compromise text (Council document 8221/26) — not yet law.
- Compared against: COM(2023) 367 final — superseded.
- Classification is mechanical; method: https://paymentslaw.eu/method/
- Editorial review state: marker_applied. Editor's notes are selective, not a complete assessment.

**Editor's note** — The words 'make every possible effort to' are deleted from the complaints-handling duty (Art 94(2)): the payment service provider's obligation to reply to a complaint is no longer a duty of effort but an unqualified one. (The texts are 99.34% similar, but deleting the qualifier turns a duty of effort into an unqualified duty to reply. The reply deadline (15 business days), the holding reply allowed in exceptional situations and the outer limit for a final reply (35 business days) are unchanged on both sides; only the deleted qualifier carries the legal weight, and a ranking by word count cannot see it.)

Word-level diff, proposal → compromise: `{+text+}` was inserted, `[-text-]` was deleted.

## Paragraph 1

1. Payment service providers shall put in place and apply adequate and effective complaint resolution procedures for the settlement of complaints of payment service users concerning the rights and obligations under Titles II and III. The competent authorities shall monitor the performance of those procedures. Those procedures shall be applied in every Member State where the payment service provider offers the payment services and shall be available in an official language of the relevant Member State or in another language if agreed between the payment service provider and the payment service user.

## Paragraph 2

2. Payment service providers shall [-make every possible effort to -]reply, on paper or, if agreed between the payment service provider and the payment service user, on another durable medium, to the payment service users’ complaints. Such a reply shall address all points raised, within an adequate timeframe and at the latest within 15 business days of receipt of the complaint. In exceptional situations, if the answer cannot be given within 15 business days for reasons beyond the control of the payment service provider, it shall send a holding reply, clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which the payment service user will receive the final reply. In any event, the deadline for receiving the final reply shall not exceed 35 business days. Member States may introduce or maintain rules on dispute resolution procedures that are more advantageous to the payment service user than that referred to in the first subparagraph. Where Member States do so, those rules shall apply.

## Paragraph 3

3. The payment service provider shall inform the payment service user about at least one ADR entity which is competent to deal with disputes concerning the rights and obligations under Titles II and III.

## Paragraph 4

4. The information referred to in paragraph 3 shall be mentioned in a clear, comprehensive and easily accessible way on the website of the payment service provider and on the respective mobile application, where they exist, at the branch, and in the general terms and conditions of the contract between the payment service provider and the payment service user. The payment service provider shall specify how further information on the ADR entity concerned and on the conditions for using it can be accessed.
