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Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (Text with EEA relevance) article 8 CELEX: 02020L1828-20241213 Injunctive measures
1. Member States shall ensure that injunctive measures referred to in point (a) of Article 7(4) are available in the form of: (a) a provisional measure to cease a practice or, where appropriate, to prohibit a practice, where that practice has been deemed to constitute an infringement as referred to in Article 2(1); (b) a definitive measure to cease a practice or, where appropriate, to prohibit a practice, where that practice has been found to constitute an infringement as referred to in Article 2(1). 2. A measure referred to in point (b) of paragraph 1 may include, if provided for in national law: (a) a measure establishing that the practice constitutes an infringement as referred to in Article 2(1); and (b) an obligation to publish the decision on the measure in full or in part, in such form as the court or administrative authority considers appropriate, or an obligation to publish a corrective statement. |
Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (Text with EEA relevance) article 8 CELEX: 02020L1828-20241213 3. In order for a qualified entity to seek an injunctive measure, individual consumers shall not be required to express their wish to be represented by that qualified entity. The qualified entity shall not be required to prove: (a) actual loss or damage on the part of the individual consumers affected by the infringement as referred to in Article 2(1); or (b) intent or negligence on the part of the trader. 4. Member States may introduce provisions in their national law or retain provisions of national law under which a qualified entity is only allowed to seek the injunctive measure referred to in point (b) of paragraph 1 after it has entered into consultations with the trader concerned with the aim of having that trader cease the infringement as referred to in Article 2(1). If the trader does not cease the infringement within two weeks of receiving a request for consultation, the qualified entity may immediately bring a representative action for an injunctive measure.
Member States shall notify the Commission of any such provisions of national law. The Commission shall ensure that that information is publicly available. |