European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010.

Statutory Instrument No.555/2010
Published date26 November 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th November, 2010.

I, BATT O’KEEFFE, Minister for Enterprise, Trade and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Directive 2009/22/EC of the European Parliament and of the Council of 23 April 20091 , hereby make the following regulations:

Citation.

1. These Regulations may be cited as the European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010.

Interpretation.

2. (1) In these Regulations—

“consumer Directive” means each of the Directives set out in the Schedule;

“Court” means the Circuit Court;

“Injunctions Directive” means Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests1;

“Minister” means the Minister for Enterprise, Trade and Innovation.

(2) A word or expression that is used in these Regulations and in the Injunctions Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in that Directive.

Applications for certain orders.

3. (1) Where a qualified entity is of the opinion that a person is acting in a manner that constitutes an infringement, the qualified entity may, for the purpose of protecting the collective interests of consumers and subject to paragraphs (4), (5) and (6), apply to the Court for an order requiring that person—

(a) to cease acting in that manner, or

(b) not to act in that manner.

(2) An application under paragraph (1) may be made in a summary manner.

(3) A qualified entity from another Member State that protects interests in that Member State affected by an infringement may, subject to paragraphs (4) and (5), make an application to the Court under paragraph (1) if—

(a) the qualified entity is specified in the list published, in accordance with Article 4.3 of the Injunctions Directive, by the European Commission in the Official Journal of the European Union, and

(b) the qualified entity provides the Court with a copy of the Official Journal containing the most recent publication of the list referred to in subparagraph (a).

(4) Before a qualified entity makes an application under paragraph (1) against a person, the qualified entity—

(a) shall make reasonable efforts to consult with the person for the purposes of achieving the cessation of the infringement concerned, and

(b) without prejudice to the generality of subparagraph (a), shall request the person not to infringe those interests.

(5) If, after consultation or reasonable efforts at consultation, the qualified entity is of the opinion that the person has continued to act, or is likely again to act, in a manner that constitutes an infringement, the qualified entity may, 2 weeks after the commencement of such consultation, for the purposes of protecting the collective interests of consumers, make an application under paragraph (1).

(6) When making an application under paragraph (1), a qualified entity (other than a qualified entity referred to in paragraph (3)) shall satisfy the Court that it has a statutory function in relation to the protection of consumer interests which are the subject of the infringement concerned.

Court’s powers in relation to applications.

4. (1) The Court may grant or refuse to grant the order sought in an application under Regulation 3.

(2) Where the Court grants such an order—

(a) it shall specify in the order—

(i) a day by which the person against whom the order is made is required to comply with the order, and

(ii) a sum that is to be paid into the Central Fund by that person...

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