(1) Where an ADR procedure has the objective of resolving the dispute by imposing a solution on the consumer, an ADR entity shall ensure that:

(a) in a situation where there is no conflict of laws, the solution imposed shall not result in the consumer being deprived of the protection afforded to him or her by the provisions that cannot be derogated from by agreement by virtue of the law of the Member State where the consumer and the trader are habitually resident;

(b) in a situation involving a conflict of laws, where the law applicable to the sales or service contract is determined in accordance with Article 6(1) and 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 [O.J.No. L 177, 04.07.2008, p.6.] on the law applicable to contractual obligations (Rome I), the solution imposed by the ADR entity shall not result in the consumer being deprived of the protection afforded to him or her by the provisions that cannot be derogated from by agreement by virtue of the law of the Member State in which he or she is habitually resident; or