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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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