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Injunctions

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 that all Member States have in place injunction procedures for stopping infringements of EU consumer rights (as enumerated in the Annex to the Directive and transposed into national law).

The Directive harmonises some aspects of the injunctions procedure across the EU. It also allows qualified entities from a Member State – in particular consumer representative bodies and/or independent public bodies - to seek an injunction in another Member State where the infringement originated.

In particular, qualified entities can bring an injunction for infringements which harm collective consumer interests set out by the Directives on:

  • consumer rights
  • consumer credit;

  • package travel;

  • unfair commercial practices;

  • unfair terms in consumer contracts;

  • sale of consumer goods and associated guarantees.

The Directive is part of the ongoing Fitness Check of the EU consumer and marketing law.

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