An injunction is an order granted by a court or an administrative body whereby someone is required to perform or to refrain from performing a specific action.
The Injunctions Directive 2009/22/EC ensures the defence of collective interests of consumers in the internal market. It provides means to bring action for the cessation of infringements of consumer rights granted by EU law as enumerated in the Annex to the Directive and transposed into national law. The Directive codified Directive 98/27/EC which has been substantially modified several times.
For this purpose the Directive harmonises some aspects of the injunctions procedure across the EU and allows a qualified entity from one Member State – a consumer representative body and/or an independent public body recognised by Members States authorities - to seek an injunction in another Member State where the infringement originated.
In particular, a qualified entity can bring an injunction for infringements which harm collective consumeras set out by the Directives on:
- consumer rights
unfair commercial practices;
unfair terms in consumer contracts;
- sale of consumer goods and associated guarantees.