European Communities (Misleading Advertising) Regulations, 1988

• Jurisdiction: Ireland
• Year: 1988
• Citation: IR SI 134/1988

S.I. No. 134 of 1988.

EUROPEAN COMMUNITIES (MISLEADING ADVERTISING) REGULATIONS, 1988.

I, ALBERT REYNOLDS, Minister for Industry and Commerce, 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 Council Directive No. 84/450/EEC of 10 September, 1984(1), hereby make the following Regulations: 1. (1) These Regulations may be cited as the European Communities (Misleading Advertising) Regulations, 1988.

(2) These Regulations shall come into operation on the 27th day of June, 1988. 2. (1) In these Regulations:

"the Council Directive" means Council Directive No. 84/450/EEC of 10 September, 1984(1);

(1) O.J. No. L250/17,19.9.84.

"the Director" means the Director of Consumer Affairs and Fair Trade;

"functions" includes powers and duties.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive. 3. The Director, on a request being made to him in that behalf or on his own initiative, may request any person engaging or proposing to engage in any advertising which is misleading advertising to discontinue or refrain from such advertising. 4. (1) Any person, including the Director may, upon giving notice of the application to any person against whom the order the subject of the application is sought, apply to the High Court for, and may, at the discretion of that Court, be granted, an order prohibiting the publication, or the further publication, of advertising the publication of which is misleading advertising.

(2) Where the Director has made a request under Regulation 3 of these Regulations and that request has not been complied with, the Director may apply to the High Court for, and may, at the discretion of that Court, be granted, an order prohibiting the publication, or the further publication, of advertising the publication of which is misleading advertising.

(3) An applicant for an order under paragraph (1) of this Regulation or the Director in the case of an application for an order under paragraph (2) of this Regulation shall not be required to prove—

(a) actual loss or damage, or

(b) recklessness or negligence on the part of the advertiser.

(4) With a view to eliminating the continuing effects of misleading advertising a court (in any proceedings in which it has made an...