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An "injunction" is an
order granted by a court
whereby someone is required
to do or to refrain from
doing a specified act. The
Injunctions
Directive 98/27/EC
establishes a common
procedure to allow a
qualified body from one
country to seek an injunction
in another. It aims to
control traders that
undertake activities in one
Member State, which harm the
collective interests of
consumers in another Member
State.
A qualified body can bring
an injunction for
infringements of national
provisions transposing the EU
Directives. For example,
infringements concerning
Directives on misleading
advertisements, consumer
credit, package travel,
unfair contract terms,
distance selling contracts,
sale of consumer goods and
guarantees.
Member States must
designate the courts or
administrative authorities to
rule on proceedings commenced
by qualified entities to
bring forward an injunctive
action. The Directive sets
out certain conditions for
their operation.
The Directive aims to
ensure that collective
actions to protect consumers
can be brought where the
business is located and
therefore where the solution
is most likely to be
effective. The deadline for
Member States to implement
this Directive into their
national legislation was 1
January 2001.
Commission
Communication of 16
February 2006 concerning
Article 4(3) of Directive
98/27/EC of the European
Parliament and of the Council
on injunctions for the
protection of consumers'
interests, concerning the
entities qualified to bring
an action under Article 2 of
this Directive (OJ C 39 of
16.02)
Directive
98/27/EC of the European
Parliament and of the Council
of 19 May 1998 on injunctions
for the protection of
consumers' interests.
EC Consumer Law Compendium: a Comparative Analysis and a database of the EU Consumer Law Acquis
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