ACT No. XVII of 2023 AN ACT to provide for representative actions for the protection of the collective interests of consumers, and to carry out other consequential amendments.

I assent.

(L.S.)

GEORGE VELLA

President

5th June, 2023

ACT No. XVII of 2023

AN ACT to provide for representative actions for the protection of

the collective interests of consumers, and to carry out other

consequential amendments.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1) The short title of this Act is the Representative Actions Short title,

scope and

(Consumers) Act, 2023.

commencement.

(2) The scope of this Act is to transpose 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 to repeal Directive 2009/22/EC, and to

carry out other consequential amendments.

(3)

This Act shall come into force on 25th June 2023.

PART I

TRANSPOSITION OF THE REPRESENTATIVE ACTIONS

DIRECTIVE

Title I

Scope, Applicability and Interpretation

LIST OF PROVISIONS OF EUROPEAN UNION LAW

REFERRED TO IN ARTICLES 2, 3, 5 AND 8

(1) Council Directive 85/374/EEC of 25 July 1985 on the

approximation of the laws, regulations and administrative provisions

of the Member States concerning liability for defective products (OJ L

210, 7.8.1985, p. 29).

(2) Council Directive 93/13/EEC of 5 April 1993 on unfair terms

in consumer contracts (OJ L 95, 21.4.1993, p. 29).

(3) Council Regulation (EC) No 2027/97 of 9 October 1997 on

air carrier liability in the event of accidents (OJ L 285, 17.10.1997, p.

1).

(4) Directive 98/6/EC of the European Parliament and of the

Council of 16 February 1998 on consumer protection in the indication

of the prices of products offered to consumers (OJ L 80, 18.3.1998, p.

27).

(5) Directive 1999/44/EC of the European Parliament and of the

Council of 25 May 1999 on certain aspects of the sale of consumer

goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).

(6) Directive 2000/31/EC of the European Parliament and of the

Council of 8 June 2000 on certain legal aspects of information society

services, in particular electronic commerce, in the Internal Market

(‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1)

Articles 5-7, 10 and 11.

(7) Directive 2001/83/EC of the European Parliament and of the

Council of 6 November 2001 on the Community code relating to

medicinal products for human use (OJ L 311, 28.11.2001, p. 67)

Articles 86-90, 98 and 100.

(8) Directive 2001/95/EC of the European Parliament and of the

Council of 3 December 2001 on general product safety (OJ L 11,

15.1.2002, p. 4): Articles 3 and 5.

(9) Directive 2002/22/EC of the European Parliament and of the

Council of 7 March 2002 on universal service and users’ rights relating

to electronic communications networks and services (Universal

Service Directive) (OJ L 108, 24.4.2002, p. 51): Article 10 and

Chapter IV.

(10) Directive 2002/58/EC of the European Parliament and of the

Council of 12 July 2002 concerning the processing of personal data

and the protection of privacy in the electronic communications sector

(Directive on privacy and electronic communications) (OJ L 201,

The provisions of this Act shall not constitute grounds for the

reduction of consumer protection within the scope of the legal acts

listed in the Schedule.

This Act shall be applicable to

(1) representative actions brought before the Civil Court and, or

before a national administrative authority against infringements by

traders of the provisions of European Union law referred to in the

Schedule, including such provisions as transposed into Maltese law,

that harm or may harm the collective interests of consumers; and

(2)

domestic and cross-border infringements, including when

those infringements ceased before the representative action was

brought or when those infringements ceased before the representative

action was concluded

Provided that this Act shall not have an effect on rules under

European Union or national law establishing contractual and non-

contractual remedies available to consumers for the infringements

referred to in this article

Provided further that this Act is without prejudice to the

provisions of European Union law referred to in the Schedule

Provided further that the provisions of this Act shall be

without prejudice to European Union rules on private international

law, in particular the rules regarding jurisdiction and the recognition

and enforcement of judgments in civil and commercial matters and

rules on the law applicable to contractual and non-contractual

obligations.

For the purpose of this Act, the following definitions shall

apply

"Civil Court" means the Civil Court (Commercial Section)

established by article 3 of the Civil Courts (Establishment of

Sections) Order;

"collective interests of consumers" means the general

interest of consumers and, in particular for the purposes of

redress measures, the interests of a group of consumers;

"competent authority" means the Consumer Affairs

Council as established under Part II of the Consumer Affairs Cap. 378.

Act;

"consumer" means any natural person who acts for

purposes which are outside that person’s trade, business, craft, or

profession;

"cross-border

representative

action"

means

a

representative action brought by a qualified entity in a Member

State other than that in which the qualified entity was designated;

"defendant" means the

trader

against

whom

a

representative action is brought;

"domestic representative action" means a representative

action brought by a qualified entity designated in Malta;

"final decision" means a decision by a court or

administrative authority of a Member State that cannot or can no

longer be reviewed by ordinary means of appeal;

"injunctive measure" includes any measure, however so

described, the purpose of which is to ensure compliance with any

of the European Union laws listed in the Schedule;

"Minister" means the Minister responsible for consumer

affairs;

"national administrative authority" means any national

public authority, however so described, as established by law;

"plaintiff" means the qualified entity which files a

representative action in the Civil Court and, or before a national

administrative authority;

"practice" means any act or omission by a trader;

"qualified entity" means any organisation or public body

representing consumers’ interests which has been designated by

a Member State as qualified to bring representative actions in

accordance with the provisions of this Act;

"redress measure" means a measure that requires a trader

to provide consumers concerned with remedies such as

compensation, repair, replacement, price reduction, contract

termination or reimbursement of the price paid, as appropriate

and as available under European Union or national law;

"representative action" means an action for the protection

of the collective interests of consumers that is brought by a

qualified entity as a claimant party on behalf of consumers to

seek an injunctive measure or a redress measure, or both

combined;

"trader" means any natural person, or any legal person

irrespective of whether privately or publicly owned, that acts,

including through another person acting in that person’s name or

on that person’s behalf, for purposes relating to that person’s

trade, business, craft, or profession.

Title II

Representative Actions

(1) Representative actions as provided for by this Act may

be brought by qualified entities as designated by the competent

authority for this purpose.

(2) Entities, in particular the consumer organisations, including

consumer organisations which represent members from more than one

(1) Member State, shall be eligible to be designated as qualified

entities for the purpose of bringing domestic representative actions,

cross-border representative actions, or both combined.

(3) The competent authority shall designate an entity as referred

to in sub-article (2) which has made a request for designation as a

qualified entity for the purpose of bringing domestic or cross-border

representative actions, or both combined, if that entity complies with

all of the following criteria

(a) it is a legal person that is constituted in accordance

with the national law of the Member State of its designation and

can demonstrate twelve (12) months of actual public activity in

the protection of consumer interests prior to its request to be so

designated;

(b) its statutory purpose demonstrates that it has a

legitimate interest in protecting consumer interests as provided

for in the provisions of European Union law referred to in the

Schedule;

(c)

it has a non-profit-making character;

(d)

it is not the subject of insolvency proceedings and

has not been declared insolvent;

(e) it is independent and not influenced by persons other

than consumers, in particular by traders, who have an economic

interest in the bringing of any representative action, including in

the event of funding by third parties, and, to that end, has

established procedures to prevent such influence as well as to

prevent conflicts of interest between itself, its funding providers

and the interests of consumers;

(f) it makes publicly available in plain and intelligible

language by any appropriate means, in particular on its website,

information that demonstrates that the entity complies with the

criteria listed in paragraphs (a) to (e) and information about the

sources of its funding in general, its organisational, management

and membership structure, its statutory purpose and its activities

Provided that, with regard to domestic representative actions,

those consumer associations registered according to Part IV of the

Consumer Affairs Act shall be designated as qualified entities for the Cap. 378.

purposes of this Act, upon their request.

(4) The competent authority may designate an entity as a

qualified entity on an ad hoc basis for the purpose of bringing a

particular domestic representative action, at the request of that entity if

it complies with the criteria for designation as a qualified entity as

provided for in sub-article (3).

(5) Notwithstanding sub-article (3), the competent authority may

designate public bodies as qualified entities for the purpose of bringing

representative actions.

(1) The competent authority shall inform the European Information and

Commission about the list of the qualified entities designated in monitoring

qualified

advance for the purpose of bringing cross-border representative entities.

actions, including the name and statutory purpose of those qualified

entities, by 26 th December 2023

Provided that the competent authority shall also inform the

Commission whenever there are changes to that list and shall make

that list publicly available on its website.

(2) The information about the qualified entities designated in

advance for the purpose of bringing domestic representative actions

shall be made available to the public by means of a notice in the

Gazette and the competent authority’s website.

(3)

The competent authority shall, at least every five (5) years,

assess whether qualified entities continued to comply with the criteria

listed in article 5(3). The competent authority shall ensure that the

qualified entity loses its status if it no longer complies with one (1) or

more of those criteria mentioned in article 5(3).

(1)

Qualified entities designated in advance in another

Member State for the purpose of bringing cross-border representative

actions may bring such representative actions before the Civil Court

and, or before a national administrative authority as the case may be

Provided that a qualified entity registered in another Member

State shall not be required to appoint an attorney in Malta to appear on

its behalf.

(2) When the alleged infringement of Union law as referred to in

article 3(1) affects or is likely to affect consumers in different Member

States, the representative action may be brought before the court or

administrative authority of a Member State by several qualified

entities from different Member States in order to protect the collective

interests of consumers in different Member States.

(3) The Civil Court and, or the national administrative authority

shall accept the list referred to in article 6(1) as proof of the legal

standing of the qualified entity to bring a cross-border representative

action, without prejudice to the right of the Civil Court and, or the

national administrative authority to examine whether the statutory

purpose of the qualified entity justifies its taking action in a specific

case.

(1) (a) Representative actions as provided for by this Act

may be brought before the Civil Court and, or before a national

administrative authority by qualified entities designated in accordance

with article 5 as follows

(i) in the case of representative actions these shall

be brought before the Civil Court by means of a sworn

application in accordance with sub-article (4)

Provided that when such actions relate to

redress measures, then such action shall, in all instances in

so far as they relate to redress measures, be filed before the

Civil Court irrespective of the amount of the claim being

made; and

(ii) in the case of representative actions, in so far as

these relate to injunctive measures brought before a

national administrative authority, such actions shall be

made in accordance with the applicable procedure

established by law relating to the making of such actions

for injunctive measures before the aforesaid authority;

(b) The consumers’ interests in representative actions

shall be represented by qualified entities and those qualified

entities shall have the rights and obligations of a plaintiff in the

proceedings. The consumers concerned by a representative

action shall be entitled to benefit from the measures referred to in

sub-article (11);

(c) Prior to the institution of a representative action, a

representative action agreement, subject to the provisions of this

Act, shall be entered into between the consumer and the qualified

entity whereby the consumer consents to his inclusion in the

representative action proceedings and to the appointment of the

qualified entity as the plaintiff, and includes the claim of the

consumer and may also include the requirement to pay a modest

entry fee or similar charge in order to participate in that

representative action;

(d) The provisions of the Code of Organisation and Civil Cap. 12.

Procedure, insofar as they are consistent with the provisions of

this Act, shall apply to proceedings under this Act, including

with reference to the written pleadings, unless brought before a

national administrative authority.

(2) (a) The qualified entity shall act in the best interests of the Duties of

qualified entity.

consumers being represented.

(b) The qualified entity shall explain to the consumers

the nature of the representative action proceedings and shall also

keep them informed on the progress of the proceedings including

any judgment or decree that is binding on those consumers and,

if applicable, on whether the qualified entity shall appeal from

the judgement delivered by the Civil Court.

(c) The qualified entity shall keep and maintain a

register to record the identity and claims of those consumers who

are part of the representative action proceedings and shall, on

request, make such register available to the defendant.

(3) Qualified entities shall be entitled to seek at least one (1) of Measures which

may be sought.

the following measures

(a)

injunctive measures as provided for in article 9;

(b)

redress measures as provided for in article 10.

(4) (a) The actions brought in front of the Civil Court shall be

brought by a sworn application, and the plaintiff shall request the Civil

Court to declare that the representative action procedure is the most

appropriate procedure in the circumstances.

(b)

The sworn application shall

(i) state the name of the plaintiff and his specific

representative capacity according to this Act;

(ii)

state the name of the defendant;

(iii) state the funding sources of the representative

action;

(iv) provide a description of the group of consumers

concerned by the representative action;

(v) describe the common issues for the claims

which the plaintiff has brought in the representative action;

(vi) state the claim or claims being requested, the

redress measure being sought and if applicable, attach a

breakdown of the relative amounts due to the group of

consumers;

(vii) provide sufficient evidence that satisfies the

criteria required to establish the admissibility by the Civil

Court according to sub-articles (6) and (7);

(viii) provide the Civil Court with a representative

action agreement in accordance with sub-article (1)(c);

(ix) specify the injunctive measures, if any, as

established in article 9, that are being requested

Provided that the provisions of article 156 of the Code of

Organization and Civil Procedure shall, where applicable, also apply

to the sworn application in representative actions brought in front of

Provided further that the Civil Court shall order the

amendment of the sworn application when other consumers opt-in

within the period mentioned in the proviso to sub-article (8) or after

obtaining permission from the Civil Court in terms of sub-article

Provided further that when an injunctive measure is being

requested, the provisions of article 9 shall apply.

(5) The Civil Court shall hold a pre-trial hearing to assess the Pre-trial

admissibility of the representative action in accordance with this Act hearing.

and any other applicable law and shall

(a) issue a decree ordering the continuation of the

proceedings together with other orders as it may deem fit or

ordering the dismissal of the action

Provided that an appeal from the decree shall be filed

within ten (10) days from date of delivery of decree; or

(b) issue a decree to stay the proceedings if the parties

agree, during the hearing, to attempt to settle the lawsuit

according to article 12.

(6) (a) The Civil Court shall issue a decree on the admissibility Admissibility.

of the proceedings for a representative action when the plaintiff proves

to the satisfaction of the Court that

(i) the claims in the proceedings are brought on

behalf of an identified group of consumers and raise

common issues;

(ii) the representative action is the most appropriate

means for the fair and efficient resolution of the common

issues; and

(iii) the representative action is not manifestly

unfounded.

(b) In determining whether the representative action is

the most appropriate means for the fair and efficient resolution of

the common issues for the purposes of paragraph (a)(ii), the

Civil Court shall take into account, amongst other things

(i) the benefits of the proposed representative

action; and

(ii)

the nature of the group of consumers.

(7) The Civil Court shall not refuse to issue a decree for Certain matters

proceedings as a representative action solely on any of the following shall

issue of an

grounds

admissibility

decree.

(a) the claim requires individual assessment after

determination of the common issues;

(b) the claim relates to separate contracts involving

different consumers;

(c) the amount and nature of the damages sought vary

among the different consumers.

(8) (a) The Civil Court shall decree the continuation of

proceedings if

(i) it declares the proceedings as appropriate for

representative actions in accordance with sub-article (6);

and

(ii) it is satisfied that the claims are pursuant to the

laws listed under the Schedule.

(b)

The decree shall include

(i)

the name and address of the plaintiff;

(ii)

the name and address of the defendant;

(iii) a description of the group of consumers;

(iv) the common issues for the claims which the

plaintiff has brought in the representative action;

(v)

the claims sought; and

(vi) information on the legal effect of a judgment in

the representative action

Provided that the decree may also contain such conditions as

the Civil Court may deem fit and the Civil Court shall order that such

decree is to be published in the Gazette and in local English and

Maltese newspapers and in any other media if the Civil Court deems it

fit, provisionally at the expense of the plaintiff, and shall state that any

other consumers who desire to be represented by the qualified entity,

may do so within a specified date as determined by the Court, which

date may not exceed five (5) months from the date of the decree, by

registering their claim with the plaintiff and entering into a

representative action agreement in accordance with paragraph (c) of

sub-article (1).

(9) If at any time after the pre-trial stage, it appears to the Civil

Court that the qualified entity no longer satisfies the criteria mentioned

in article 5 or is no longer, for any other reason, in a position to

represent the interests of the represented consumers, the Civil Court

may, either of its own initiative, or on the application of any of the

represented consumers, or on the application of the defendent

(a) substitute the qualified entity by another qualified

entity which satisfies the criteria mentioned in article 5 as the

qualified entity; and, or

(b)

make any other order it considers appropriate.

(10) If the consumer no longer wishes to be represented by the Withdrawal by

qualified entity in the representative action, the consumer shall notify consumer.

the qualified entity in writing and shall no longer benefit from any

remedies obtained through the representative action proceedings. The

qualified entity shall inform the Civil Court of any withdrawals by

consumers in the group of represented consumers.

(11) The Civil Court, on the application of any of the parties, may Civil Court may

issue any decree it considers appropriate with respect to the conduct of determine

conduct of

representative action proceedings to ensure their fair and expeditious proceedings.

determination and, for this purpose, may impose such terms on the

parties as it considers appropriate.

(12) (i) A judgment on the common issues for the represented Judgements and

decrees.

consumers shall bind the represented consumers.

(ii) The plaintiff shall give notice of any judgment or

decree to those represented consumers who are bound by it in a

form and manner that is approved by the Civil Court.

(iii) When in its judgement the Civil Court orders the

defendant to pay compensation, it may order the defendant to

credit the amount due to a specific account held by the plaintiff

and may give such orders, as it deems necessary, to the plaintiff

for the effective distribution of that compensation among the

represented consumers.

(13) (a) A consumer who does not opt-in in accordance with the Represented

proviso in sub-article (8) may not do so after the specified date, except consumers.

with the permission of the Civil Court by means of an application. The

Civil Court may grant such permission if it is satisfied that the delay

was not caused by the fault of that consumer and the continuation of

the proceedings would not suffer substantial prejudice if permission

were granted

Provided that if permission is granted, the consumer shall

enter into a representative action agreement in accordance with

paragraph (c) of sub-article (1)

Provided further that no appeal shall lie from the Civil Court’s

decision to grant or refuse permission to opt-in.

(b) A consumer who has already filed a cause that raises

the common issues in the representative action may not be a

represented person unless the consumer discontinues or applies

to stay that cause before opting-in in the representative action.

(c)

A consumer may also not be a represented person

when

(i) he has already reached an out of court

settlement on the common issues set out in the

representative action’s decree with the defendant; or

(ii) an arbitration decision between the consumer

and the defendant has already been issued on the remedies

sought by the group of consumers; or

(iii) a decision on the common issues set out in the

representative action’s decree has already become res

judicata before a tribunal or similar body or court of civil

jurisdiction and the said tribunal or similar body or court

has already decided on the remedies sought by the

consumer.

(1) Injunctive measures referred to in article 8(3)(a) shall be

available in the form of

(a) a provisional measure to cease a practice or, when

appropriate, to prohibit a practice, when that practice has been

deemed to constitute an infringement as referred to in article 3;

(b) a definitive measure to cease a practice or, when

appropriate, to prohibit a practice, when that practice has been

found to constitute an infringement as referred to in article 3

Provided that in all instances the proceedings relative to

injunctive measures shall be dealt with due expediency.

(2) A provisional measure referred to in sub-article (1)(a) shall be

dealt with summarily and according to the following procedure

(a) at any stage during the redress measure proceedings,

the plaintiff may file an application before the Civil Court within

the acts of the same redress measure proceedings requesting that

provisional measures are issued for such period of time that shall

be established by the Civil Court so that the defendant remedies

the situation;

(b) the application shall be served on the defendant, who

shall within eight (8) days from the notification thereof, file his

reply to propose any remedies or to contest the request for

provisional measures providing the reasons thereto;

(c) the Civil Court shall decide the application with

urgency in camera or after hearing the advocates of the parties, if

it deems fit, provided that not more than one (1) sitting may be

appointed for such purpose;

(d) the decree of the Civil Court ordering the issue of

provisional measures shall be enforceable upon its delivery and

shall remain in force for the period of time established by the

Civil Court;

(e) an appeal from the provisional measures imposed by

the Civil Court according to sub-article (1)(a) may be lodged by

the aggrieved party by means of an application filed before the

Court of Appeal within six (6) days from the date of such decree

on the legality, including the proportionality of the provisional

measures, and the party against whom such an application is

filed shall reply thereto within six (6) days from the date of

service of such an application

Provided that an appeal filed in accordance with this sub-

article shall not have the effect of suspending any provisional

measures imposed by the Civil Court;

(f) the Court of Appeal shall decide on the application

filed according to sub-article (2)(e) in an expedited manner;

(g) any person who infringes the decree ordering the

provisional measures shall be liable to a fine (multa) according

to article 19.

(3) A definitive measure referred to in sub-article (1)(b) shall

include

(a) a measure establishing that the practice constitutes an

infringement as referred to in article 3; and

(b) an obligation to publish the decision on the measure

in full or in part, in such form as the Civil Court considers

appropriate, or an obligation to publish a corrective statement.

(4)

The qualified entity requesting a definitive measure in terms

of sub-article (1)(b) shall

(a) file a sworn application, which shall be notified to all

the parties to the judicial proceedings;

(b) satisfy the Civil Court that the qualified entity has

tried to achieve the cessation of the infringement in consultation

with the defendant and that cessation was not achieved within

two (2) weeks from the request for cessation; and

(c) not be required to have or to prove an interest in or to

be affected by the matter or act in issue.

(5) In order for a qualified entity to seek an injunctive measure,

the individual consumers shall not be required to express their wish to

be represented by that qualified entity.

(6)

The qualified entity shall not be required to prove

(a) the actual loss or damage on the part of the individual

consumers affected by the infringement as referred to in article

3; or

(b)

the intent or negligence on the part of the trader.

(7) Saving the provisions of this article, the request for an

injunctive measure shall be brought before a national administrative

authority, insofar as provided for by regulations made under this Act or

by or under any other law that regulates the procedure concerning such

requests instead of being brought before the Civil Court

Provided that where an injunctive measure is brought before a

national administrative authority, such administrative authority shall

be empowered to regulate its own applicable procedure for the

bringing of such action, which procedure shall be in accordance with

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.

(1) A redress measure shall require a trader to provide

consumers concerned with remedies such as compensation, repair,

replacement, price reduction, contract termination or reimbursement of

the price paid, as appropriate in terms of the provisions of this Act and

any other relevant laws and regulations.

(2) A consumer who intends to seek redress measures by joining

a representative action shall follow the procedure established in article

8(1)(c), and where applicable, shall also abide by the provisions in the

provisos to sub-articles (8) and (13) of article 8.

(3) Notwithstanding sub-article (2), individual consumers who

are not habitually resident in Malta shall be bound to explicitly express

their wish to be represented in that representative action by following

the procedure established in article 8(1)(c), and when applicable, shall

also abide by the provisions in the provisos to sub-articles (8) and (13)

of article 8 in order for those consumers to be bound by the outcome of

that representative action.

(4) Where a redress measure does not specify the individual

consumers entitled to benefit from remedies provided by the redress

measure, it shall at least describe the group of consumers entitled to

benefit from those remedies.

(5) A redress measure shall entitle consumers to benefit from the

remedies provided by that redress measure without the need to bring a

separate action.

(6) Where the Civil Court has established the defendant’s

responsibility, it shall determine the period in which the defendant

shall provide the remedies ordered by the Civil Court.

(7) Qualified entities shall be able to bring representative actions

for a redress measure without it being necessary for a court to have

previously established an infringement as referred to in article 3 in

separate proceedings.

(8) The remedies provided by redress measures within a

representative action shall be without prejudice to any additional

remedies available to consumers under European Union or national

law which were not the subject of that representative action.

(1)

Without prejudice to any other provision in any other Funding of

law prohibiting third party litigation funding, when a representative representative

actions for

action for redress measures is funded by a third party, conflicts of redress

measures.

interests shall be prevented and funding by third parties that have an

economic interest in the bringing or the outcome of the representative

action for redress measures shall not divert the representative action

away from the protection of the collective interests of consumers.

(2)

For the purposes of sub-article (1), in particular

(a) the decisions of qualified entities in the context of a

representative action, including decisions on settlement, shall not

be unduly influenced by a third party in a manner that would be

detrimental to the collective interests of the consumers

concerned by the representative action; and

(b) the representative action shall not be brought against

a defendant that is a competitor of the funding provider or

against a defendant on which the funding provider is dependent.

(3) The Civil Court, in representative actions for redress

measures, shall be empowered to assess compliance with sub-articles

(1) and (2) in cases where any justified doubts arise with respect to

such compliance. To that end, qualified entities shall disclose to the

Civil Court a general financial overview that lists sources of funds

used to support the representative action.

(4)

For the purposes of sub-articles (1) and (2), the Civil Court

shall be empowered to take appropriate measures, such as requiring

the qualified entity to refuse or make changes in respect of the relevant

funding and, if necessary, rejecting the legal standing of the qualified

entity in a specific representative action. If the legal standing of the

qualified entity is rejected in a specific representative action, that

rejection shall not affect the rights of the consumers concerned by that

representative action.

(1)

For the purpose of approving settlements, in a

representative action for redress measures

(a) the plaintiff and the defendant may jointly propose to

the Civil Court a settlement regarding redress for the consumers

concerned; or

(b) the Civil Court after having consulted the plaintiff

and the defendant, may invite the plaintiff and the defendant to

reach a settlement regarding redress within a reasonable time

limit

Provided that the plaintiff is to consult with the represented

consumers on behalf of whom the plaintiff filed the representative

action prior to moving forward with a settlement.

(2) Settlements referred to in sub-article (1) shall be subject to the

scrutiny of the Civil Court. The Civil Court shall assess whether it has

to refuse to approve a settlement that is contrary to mandatory

provisions of the law, or includes conditions which cannot be enforced,

while taking into consideration the rights and interests of all parties,

and in particular those of the represented consumers. The Civil Court

may refuse to approve a settlement on the grounds that the settlement

is unfair.

(3)

If the Civil Court does not approve the settlement, it shall

continue to hear the representative action concerned.

(4) Approved settlements shall be binding upon the plaintiff, the

defendant and the individual represented consumers concerned.

(5) The redress obtained through an approved settlement in

accordance with sub-article (2) shall be without prejudice to any

additional remedies available to consumers under European Union or

national law which were not the subject of that settlement.

(1) The unsuccessful party in a representative action for Allocation of

redress measures shall be required to pay the costs of the proceedings costs

representative

borne by the successful party, in accordance with any conditions and action

redress

exceptions provided by the Code of Organisation and Civil Procedure. measures.

(2) Individual consumers concerned by a representative action for

redress measures shall not pay the costs of the proceedings.

(3) Saving the provisions of sub-article (2), in exceptional

circumstances, an individual consumer concerned by a representative

action for redress measures may be ordered to pay the costs of

proceedings that were incurred as a result of the individual consumer’s

intentional or negligent conduct.

(1)

Qualified entities shall provide information, in Information on

representative

particular on their website, about

actions.

(a) the representative actions they have decided to bring

before the Civil Court and, or a national administrative authority;

(b) the status of the representative actions they have

brought before the Civil Court and, or a national administrative

authority; and

(c) the outcomes of the representative actions referred to

in paragraphs (a) and (b).

(2) Consumers concerned by an ongoing representative action for

redress measures shall be provided with information about the

representative action in a timely manner and by appropriate means, in

order to enable those consumers to express their wish explicitly or

tacitly to be represented in that representative action pursuant to article

10(2)

Provided that without prejudice to the information referred to

in sub-articles (1) and (2), the Civil Court, in the case of redress

measures, shall require the defendant to inform the consumers

concerned by the representative action, at the defendant’s expense, of

any final decisions providing for the measures referred to in article 8

and any approved settlements as referred to in article 12, by means

appropriate to the circumstances of the case and within specific time

limits, including, where appropriate, informing all consumers

concerned individually. This obligation shall not apply if the

consumers concerned are informed of the final decision or approved

settlement in another manner.

(3) The information requirements referred to in the proviso to

sub-article (2) shall apply mutatis mutandis to qualified entities

concerning final decisions on the rejection or dismissal of

representative actions for redress measures.

(4) The successful party shall be able to recover the costs related

to providing information to consumers in the context of the

representative action in accordance with article 13(1).

The competent authority may set up a national electronic

database that is publicly accessible through its website and that

provides information on qualified entities designated in advance for

the purpose of bringing domestic and cross-border representative

actions and general information on ongoing and concluded

representative actions. When the competent authority sets up an

electronic database, it shall notify the Commission of the internet

address at which that electronic database is accessible

Provided that the competent authority shall provide on its

website the link to the Commission’s electronic database to allow

accessibility to the public.

The final decision of a court and, or an administrative

authority of any Member State concerning the existence of an

infringement harming collective interests of consumers may be used

by all parties as evidence in the context of any other action before the

Civil Court or a national administrative authority to seek redress

measures against the same trader for the same practice, in accordance

with the Code of Organisation and Civil Procedure.

(1) A pending representative action for an injunctive

measure referred to in article 9, including an action for an injunctive

measure made before a national administrative authority in accordance

with article 9(7), shall have the effect of suspending the prescription

periods in respect of the consumers involved in that representative

action, so that those consumers are not prevented from subsequently

bringing an action for redress measures concerning the alleged

infringement as referred to in article 3(1) because the applicable

prescription periods expired during the representative action for those

injunctive measures.

(2) A pending representative action for a redress measure referred

to in article 10 shall have the effect of suspending prescription periods

applicable in respect of the consumers concerned by that

representative action

Provided that the suspension mentioned in this article shall be

as established in article 2125(f) of the Civil Code.

When a qualified entity has provided reasonably available Disclosure of

evidence sufficient to support a representative action, and has evidence.

indicated that additional evidence may lie in the control of the

defendant or a third party, if requested by that qualified entity, the

Civil Court shall be empowered to order that such evidence be

disclosed by the defendant or the third party, in accordance with the

Code of Organisation and Civil Procedure subject to the applicable Cap. 12.

Union and national rules on confidentiality and proportionality. If

requested by the defendant, the Civil Court shall also be able to

equally order the qualified entity or a third party to disclose relevant

evidence, in accordance with the Code of Organisation and Civil

Procedure.

(1) Subject to the provisions of this Act, when any party, as Punishment.

the case may be, fails or refuses to comply with any order of the Civil

Court

(a) with respect to a defendant, an injunctive measure

referred to in article 9(1) or a decree issued according to article

9(2)(e) and an order issued pursuant to article 9(3)(b); or

(b) with respect to any party, on the obligations referred

to in the proviso to article 14(2) or article 18;

the Civil Court shall impose a fine (multa) of not less than five

hundred euro (€500) and not more than ten thousand euro (€10,000).

(1) The provisions of the Code of Organization and Civil Appeals.

Procedure relating to appeals from judgements and decrees of the Civil Cap. 12.

Court shall mutatis mutandis apply to appeals from judgements and

decrees delivered under this Act, unless otherwise provided in this

Act.

(2) An appeal from a judgement of the Civil Court on behalf of

the group of consumers may only be filed by the plaintiff and not by

the group of consumers.

(1) A qualified entity shall be exempted from the payment Assistance for

of Court registry fees according to Schedule A, Tariff A of the Code of qualified

entities.

Organization and Civil Procedure upon the filing of the representative Cap. 12.

action proceedings.

(2) In the event that the Civil Court finds against the qualified

entity, the Civil Court shall reduce Court registry fees against the

qualified entity by between one tenth (⅟ 10 ) and half (½) of the fees

normally due, taking into account the economic standing of the

qualified entity and the legal reasons for finding against the qualified

entity.

The Minister, in consultation with the Minister responsible for

justice, may from time to time make regulations for the better carrying

out of the provisions of this Act

Provided that the Minister may, in consultation with the

Minister responsible for justice, by order in the Gazette list in the

Schedule any European Union legislation, for the purposes of this Act

Provided further that the Minister may, in consultation with

the Minister responsible for justice, by order in the Gazette amend

such list

Provided further that the Minister may, in consultation with

the minister responsible for a national administrative authority, make

regulations in relation to injunctive measure procedures.

11.2001, p. 67): l-Artikoli 86-90, 98 u 100.

(8) Direttiva 2001/95/KE tal-Parlament Ewropew u tal-Kunsill

tat-3 ta’ Diċembru 2001 dwar is-sigurtà ġenerali tal-prodotti (ĠU L 11,

15.1.2002, p. 4): l-Artikoli 3 u 5.

(9) Direttiva 2002/22/KE tal-Parlament Ewropew u tal-Kunsill

tas-7 ta’ Marzu 2002 dwar servizz universali u d-drittijiet tal-utenti li

jirrelataw ma’ networks u servizzi ta’ komunikazzjonijiet elettroniċi

(Direttiva Servizz Universali) (ĠU L 108, 24.4.2002, p. 51): l-Artikolu

10 u l-Kapitolu IV.

(10) Direttiva 2002/58/KE tal-Parlament Ewropew u tal-Kunsill

tat-12 ta’ Lulju 2002 dwar l-ipproċessar tad-data personali u l-

protezzjoni tal-privatezza fis-settur tal-komunikazzjoni elettronika

(Direttiva dwar il-privatezza u l- komunikazzjoni elettronika) (ĠU L

201, 31.7.2002, p. 37): l-Artikoli 4-8 u 13.

(11) Direttiva 2002/65/KE tal-Parlament Ewropew u tal-Kunsill

tat-23 ta’ Settembru 2002 li tikkonċerna t-tqegħid fis-suq b’distanza

ta’ servizzi finanzjarji ta’ konsumaturi u li temenda d-Direttiva tal-

Kunsill 90/619/KEE u d-Direttivi 97/7/KE u 98/27/KE (ĠU L 271,

9.10.2002, p. 16).

(12) Regolament (KE) Nru 178/2002 tal-Parlament Ewropew u tal-

Kunsill tat-28 ta’ Jannar 2002 li jistabbilixxi l-prinċipji ġenerali u l-

ħtiġijiet tal-liġi dwar l-ikel, li jistabbilixxi l-Awtorità Ewropea dwar is-

Sigurtà fl-Ikel u jistabbilixxi l-proċeduri fi kwistjonijiet ta’ sigurtà tal-

ikel (ĠU L 31, 1.2.2002, p. 1).

(13) Regolament (KE) Nru 261/2004 tal-Parlament Ewropew u tal-

Kunsill tal-11 ta’ Frar 2004 li jistabbilixxi regoli komuni dwar il-

kumpens u l-assistenza għal passiġġieri fil-każ li ma jitħallewx jitilgħu

u ta’ kanċellazzjoni jew dewmien twil ta’ titjiriet, u li jħassar ir-

Regolament (KEE) Nru 295/91 (ĠU L 46, 17.2.2004, p. 1).

(14) Direttiva 2005/29/KE tal-Parlament Ewropew u tal-Kunsill

tal-11 ta’ Mejju 2005 dwar prattiċi kummerċjali żleali fin-negozju

mal-konsumatur fis-suq intern u li temenda d-Direttiva tal-Kunsill 84/

450/KEE, id-Direttivi 97/7/KE, 98/27/KE u 2002/65/KE tal-Parlament

Ewropew u tal-Kunsill, u r-Regolament (KE) Nru 2006/2004 tal-

Parlament Ewropew u tal-Kunsill (‘Direttiva dwar Prattiċi

Kummerċjali Żleali’) (ĠU L 149, 11.6.2005, p. 22).

(15) Direttiva 2006/114/KE tal-Parlament Ewropew u tal-Kunsill

tat-12 ta’ Diċembru 2006 dwar reklamar qarrieqi u komparattiv (ĠU L

376, 27.12.2006, p. 21).

(16) Direttiva 2006/123/KE tal-Parlament Ewropew u tal-Kunsill

tat-12 ta’ Diċembru 2006 dwar is-servizzi fis-suq intern (ĠU L 376,

27.12.2006, p. 36): l-Artikoli 20 u 22.

(17) Regolament (KE) Nru 1107/2006 tal-Parlament Ewropew u

tal-Kunsill tal-5 ta’ Lulju 2006 dwar id-drittijiet ta’ persuni

b’diżabbiltà u ta’ persuni b’mobilità mnaqqsa meta jivvjaġġaw bl-ajru

(ĠU L 204, 26.7.2006, p. 1).

(18) Regolament (KE) Nru 1371/2007 tal-Parlament Ewropew u

tal-Kunsill tat-23 ta’ Ottubru 2007 dwar id-drittijiet u l-obbligi tal-

passiġġieri tal-ferroviji (ĠU L 315, 3.12.2007, p. 14).

(19) Direttiva 2008/48/KE tal-Parlament Ewropew u tal-Kunsill

tat-23 ta’ April 2008 dwar ftehim ta’ kreditu għall-konsumatur u li

tħassar id-Direttiva tal-Kunsill 87/102/KEE (ĠU L 133, 22.5.2008, p.

66).

(20) Direttiva 2008/122/KE tal-Parlament Ewropew u tal-Kunsill

tal-14 ta’ Jannar 2009 dwar il-protezzjoni tal-konsumatur rigward ċerti

aspetti ta’ kuntratti ta’ timeshare, kuntratti dwar prodotti ta’ vaganza

għal perjodu fit-tul, kuntratti ta’ bejgħ mill-ġdid u kuntratti ta’

skambju (ĠU L 33, 3.2.2009, p. 10).

(21) Regolament (KE) Nru 1008/2008 tal-Parlament Ewropew u

tal-Kunsill tal-24 ta’ Settembru 2008 dwar regoli komuni għall-operat

ta’ servizzi tal-ajru fil-Komunità (Riformulazzjoni) (ĠU L 293,

7.2002, p. 37): Articles 4-8 and 13.

(11) Directive 2002/65/EC of the European Parliament and of the

Council of 23 September 2002 concerning the distance marketing of

consumer financial services and amending Council Directive 90/619/

EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p.

16).

(12) Regulation (EC) No 178/2002 of the European Parliament and

of the Council of 28 January 2002 laying down the general principles

and requirements of food law, establishing the European Food Safety

Authority and laying down procedures in matters of food safety (OJ L

31, 1.2.2002, p. 1).

(13) Regulation (EC) No 261/2004 of the European Parliament and

of the Council of 11 February 2004 establishing common rules on

compensation and assistance to passengers in the event of denied

boarding and of cancellation or long delay of flights, and repealing

Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. 1).

(14) Directive 2005/29/EC of the European Parliament and of the

Council of 11 May 2005 concerning unfair business-to-consumer

commercial practices in the internal market and amending Council

Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC

of the European Parliament and of the Council and Regulation (EC)

No 2006/2004 of the European Parliament and of the Council (‘Unfair

Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).

(15) Directive 2006/114/EC of the European Parliament and of the

Council of 12 December 2006 concerning misleading and comparative

advertising (OJ L 376, 27.12.2006, p. 21).

(16) Directive 2006/123/EC of the European Parliament and of the

Council of 12 December 2006 on services in the internal market (OJ L

376, 27.12.2006, p. 36): Articles 20 and 22.

(17) Regulation (EC) No 1107/2006 of the European Parliament

and of the Council of 5 July 2006 concerning the rights of disabled

persons and persons with reduced mobility when travelling by air (OJ

L 204, 26.7.2006, p. 1).

(18) Regulation (EC) No 1371/2007 of the European Parliament

and of the Council of 23 October 2007 on rail passengers’ rights and

obligations (OJ L 315, 3.12.2007, p. 14).

(19) Directive 2008/48/EC of the European Parliament and of the

Council of 23 April 2008 on credit agreements for consumers and

repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).

(20) Directive 2008/122/EC of the European Parliament and of the

Council of 14 January 2009 on the protection of consumers in respect

of certain aspects of timeshare, long-term holiday product, resale and

exchange contracts (OJ L 33, 3.2.2009, p. 10).

(21) Regulation (EC) No 1008/2008 of the European Parliament

and of the Council of 24 September 2008 on common rules for the

operation of air services in the Community (Recast) (OJ L 293,

31.10.2008, p. 3): Article 23.

(22) Regulation (EC) No 1272/2008 of the European Parliament

and of the Council of 16 December 2008 on classification, labelling

and packaging of substances and mixtures, amending and repealing

Directives 67/548/EEC and 1999/45/EC, and amending Regulation

(EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1): Articles 1-35.

(23) Directive 2009/65/EC of the European Parliament and of the

Council of 13 July 2009 on the coordination of laws, regulations and

administrative provisions relating to undertakings for collective

investment in transferable securities (UCITS) (Recast) (OJ L 302,

17.11.2009, p. 32).

(24) Directive 2009/72/EC of the European Parliament and of the

Council of 13 July 2009 concerning common rules for the internal

market in electricity and repealing Directive 2003/54/EC (OJ L 211,

14.8.2009, p. 55): Article 3 and Annex I.

(25) Directive 2009/73/EC of the European Parliament and of the

Council of 13 July 2009 concerning common rules for the internal

market in natural gas and repealing Directive 2003/55/EC (OJ L 211,

14.8.2009, p. 94): Article 3 and Annex I.

(26) Directive 2009/110/EC of the European Parliament and of the

Council of 16 September 2009 on the taking up, pursuit and prudential

supervision of the business of electronic money institutions amending

Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/

46/EC (OJ L 267, 10.10.2009, p. 7).

(27) Directive 2009/125/EC of the European Parliament and of the

Council of 21 October 2009 establishing a framework for the setting of

ecodesign requirements for energy-related products (Recast) (OJ L

285, 31.10.2009, p. 10): Article 14 and Annex I.

(28) Directive 2009/138/EC of the European Parliament and of the

Council of 25 November 2009 on the taking-up and pursuit of the

business of Insurance and Reinsurance (Solvency II) (Recast) (OJ L

335, 17.12.2009, p. 1): Articles 183-186.

(29) Regulation (EC) No 392/2009 of the European Parliament and

of the Council of 23 April 2009 on the liability of carriers of

passengers by sea in the event of accidents (OJ L 131, 28.5.2009, p.

24).

(30) Regulation (EC) No 924/2009 of the European Parliament and

of the Council of 16 September 2009 on cross-border payments in the

Community and repealing Regulation (EC) No 2560/2001 (OJ L 266,

9.10.2009, p. 11).

(31) Regulation (EC) No 1222/2009 of the European Parliament

and of the Council of 25 November 2009 on the labelling of tyres with

respect to fuel efficiency and other essential parameters (OJ L 342,

22.12.2009, p. 46): Articles 4-6.

(32) Regulation (EC) No 1223/2009 of the European Parliament

and of the Council of 30 November 2009 on cosmetic products

(Recast) (OJ L 342, 22.12.2009, p. 59): Articles 3-8 and 19‐21.

(33) Directive 2010/13/EU of the European Parliament and of the

Council of 10 March 2010 on the coordination of certain provisions

laid down by law, regulation or administrative action in Member States

concerning the provision of audiovisual media services (Audiovisual

Media Services Directive) (OJ L 95, 15.4.2010, p. 1): Articles 9-11,

19-26 and 28b.

(34) Regulation (EC) No 66/2010 of the European Parliament and

of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27,

30.1.2010, p. 1): Articles 9-10.

(35) Regulation (EU) No 1177/2010 of the European Parliament

and of the Council of 24 November 2010 concerning the rights of

passengers when travelling by sea and inland waterway and amending

Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1).

(36) Directive 2011/61/EU of the European Parliament and of the

Council of 8 June 2011 on Alternative Investment Fund Managers and

amending Directives 2003/41/EC and 2009/65/EC and Regulations

(EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p.

1).

(37) Directive 2011/83/EU of the European Parliament and of the

Council of 25 October 2011 on consumer rights, amending Council

Directive 93/13/EEC and Directive 1999/44/EC of the European

Parliament and of the Council and repealing Council Directive 85/577/

EEC and Directive 97/7/EC of the European Parliament and of the

Council (OJ L 304, 22.11.2011, p. 64).

(38) Regulation (EU) No 181/2011 of the European Parliament and

of the Council of 16 February 2011 concerning the rights of passengers

in bus and coach transport and amending Regulation (EC) No 2006/

2004 (OJ L 55, 28.2.2011, p. 1).

(39) Regulation (EU) No 1169/2011 of the European Parliament

and of the Council of 25 October 2011 on the provision of food

information to consumers, amending Regulations (EC) No 1924/2006

and (EC) No 1925/2006 of the European Parliament and of the

Council, and repealing Commission Directive 87/250/EEC, Council

Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive

2000/13/EC of the European Parliament and of the Council,

Commission Directives 2002/67/EC and 2008/5/EC and Commission

Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

(40) Directive 2012/27/EU of the European Parliament and of the

Council of 25 October 2012 on energy efficiency, amending Directives

2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and

2006/32/EC (OJ L 315, 14.11.2012, p. 1): Articles 9-11a.

(41) Regulation (EU) No 260/2012 of the European Parliament

and of the Council of 14 March 2012 establishing technical and

business requirements for credit transfers and direct debits in euro and

amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22).

(42) Regulation (EU) No 531/2012 of the European Parliament

and of the Council of 13 June 2012 on roaming on public mobile

communications networks within the Union (Recast) (OJ L 172,

30.6.2012, p. 10).

(43) Directive 2013/11/EU of the European Parliament and of the

Council of 21 May 2013 on alternative dispute resolution for consumer

disputes and amending Regulation (EC) No 2006/2004 and Directive

2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p.

63): Article 13.

(44) Regulation (EU) No 524/2013 of the European Parliament

and of the Council of 21 May 2013 on online dispute resolution for

consumer disputes and amending Regulation (EC) No 2006/2004 and

Directive 2009/22/EC (Regulation on consumer ODR) (OJ L 165,

18.6.2013, p. 1): Article 14.

(45) Directive 2014/17/EU of the European Parliament and of the

Council of 4 February 2014 on credit agreements for consumers

relating to residential immovable property and amending Directives

2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ

L 60, 28.2.2014, p. 34).

(46) Directive 2014/31/EU of the European Parliament and of the

Council of 26 February 2014 on the harmonisation of the laws of the

Member States relating to the making available on the market of non-

automatic weighing instruments (Recast) (OJ L 96, 29.3.2014, p. 107).

(47) Directive 2014/35/EU of the European Parliament and of the

Council of 26 February 2014 on the harmonisation of the laws of the

Member States relating to the making available on the market of

electrical equipment designed for use within certain voltage limits

(Recast) (OJ L 96, 29.3.2014, p. 357).

(48) Directive 2014/65/EU of the European Parliament and of the

Council of 15 May 2014 on markets in financial instruments and

amending Directive 2002/92/EC and Directive 2011/61/EU (Recast)

(OJ L 173, 12.6.2014, p. 349): Articles 23-29.

(49) Directive 2014/92/EU of the European Parliament and of the

Council of 23 July 2014 on the comparability of fees related to

payment accounts, payment account switching and access to payment

accounts with basic features (OJ L 257, 28.8.2014, p. 214).

(50) Regulation (EU) No 1286/2014 of the European Parliament

and of the Council of 26 November 2014 on key information

documents for packaged retail and insurance-based investment

products (PRIIPs) (OJ L 352, 9.12.2014, p. 1).

(51) Regulation (EU) 2015/760 of the European Parliament and of

the Council of 29 April 2015 on European long-term investment funds

(OJ L 123, 19.5.2015, p. 98).

(52) Regulation (EU) 2015/2120 of the European Parliament and

of the Council of 25 November 2015 laying down measures

concerning open internet access and retail charges for regulated intra-

EU communications and amending Directive 2002/22/EC and

Regulation (EU) No 531/2012 (OJ L 310, 26.11.2015, p. 1).

(53) Directive (EU) 2015/2302 of the European Parliament and of

the Council of 25 November 2015 on package travel and linked travel

arrangements, amending Regulation (EC) No 2006/2004 and Directive

2011/83/EU of the European Parliament and of the Council and

repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, p. 1).

(54) Directive (EU) 2015/2366 of the European Parliament and of

the Council of 25 November 2015 on payment services in the internal

market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/

EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/

64/EC (OJ L 337, 23.12.2015, p. 35).

(55) Directive (EU) 2016/97 of the European Parliament and of the

Council of 20 January 2016 on insurance distribution (Recast) (OJ L

26, 2.2.2016, p. 19): Articles 17-24 and 28-30.

(56) Regulation (EU) 2016/679 of the European Parliament and of

the Council of 27 April 2016 on the protection of natural persons with

regard to the processing of personal data and on the free movement of

such data, and repealing Directive 95/46/EC (General Data Protection

Regulation) (OJ L 119, 4.5.2016, p. 1).

(57) Regulation (EU) 2017/745 of the European Parliament and of

the Council of 5 April 2017 on medical devices, amending Directive

2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No

1223/2009 and repealing Council Directives 90/385/EEC and 93/42/

EEC (OJ L 117, 5.5.2017, p. 1): Chapter II.

(58) Regulation (EU) 2017/746 of the European Parliament and of

the Council of 5 April 2017 on in vitro diagnostic medical devices and

repealing Directive 98/79/EC and Commission Decision 2010/227/EU

(OJ L 117, 5.5.2017, p. 176): Chapter II.

(59) Regulation (EU) 2017/1128 of the European Parliament and

of the Council of 14 June 2017 on cross-border portability of online

content services in the internal market (OJ L 168, 30.6.2017, p. 1).

(60) Regulation (EU) 2017/1129 of the European Parliament and

of the Council of 14 June 2017 on the prospectus to be published when

securities are offered to the public or admitted to trading on a regulated

market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p.

12).

(61) Regulation (EU) 2017/1131 of the European Parliament and

of the Council of 14 June 2017 on money market funds (OJ L 169,

30.6.2017, p. 8).

(62) Regulation (EU) 2017/1369 of the European Parliament and

of the Council of 4 July 2017 setting a framework for energy labelling

and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1)

Articles 3-6.

(63) Regulation (EU) 2018/302 of the European Parliament and of

the Council of 28 February 2018 on addressing unjustified geo-

blocking and other forms of discrimination based on customers’

nationality, place of residence or place of establishment within the

internal market and amending Regulations (EC) No 2006/2004 and

(EU) 2017/2394 and Directive 2009/22/EC (OJ L 60 I, 2.3.2018, p. 1)

Articles 3-5.

(64) Directive (EU) 2018/1972 of the European Parliament and of

the Council of 11 December 2018 establishing the European Electronic

Communications Code (Recast) (OJ L 321, 17.12.2018, p. 36)

Articles 88 and 98-116 and Annexes VI and VIII.

(65) Directive (EU) 2019/770 of the European Parliament and of

the Council of 20 May 2019 on certain aspects concerning contracts

for the supply of digital content and digital services (OJ L 136,

22.5.2019, p. 1).

(66) Directive (EU) 2019/771 of the European Parliament and of

the Council of 20 May 2019 on certain aspects concerning contracts

for the sale of goods, amending Regulation (EU) 2017/2394 and

Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136,

22.5.2019, p. 28).

(67) Regulation (EU) 2022/1925 of the European Parliament and

of the Council of 14 September 2022 on contestable and fair markets

in the digital sector and amending Directives (EU) 2019/1937 and

(EU) 2020/1828 (Digital Markets Act) (OJ L 265, 21.9.2022, p. 1).

CONSEQUENTIAL AMENDMENTS

PART II

AMENDMENT TO THE CIVIL CODE

23. This Part amends the Civil Code, and it shall be read and

construed as one with the Civil Code, hereinafter in this Part referred

to as "the principal Code".

24. In the proviso to paragraph (e) of article 2125 of the principal

Code, the words "to this paragraph." shall be substituted by the words

"to this paragraph;" and immediately thereafter there shall be added

the following new paragraph (f)

" Act No.XVII of

(f) when a qualified entity as defined in the

2023. Representative Actions (Consumers) Act, 2023 has

brought a representative action according to the same

Act, until the proceedings are decided definitively.".

PART III

AMENDMENTS TO THE CONSUMER AFFAIRS ACT

25. This Part amends the Consumer Affairs Act, and it shall be

read and construed as one with the Consumer Affairs Act, hereinafter

in this Part referred to as "the principal Act".

26. In article 2 of the principal Act, the definition "qualified

entity" shall be substituted by the following new definition

" "qualified entity" means

(a) a registered consumer association; or

(b) a voluntary organisation in Malta as

the Minister may, after consulting the Council,

designate by notice in the Gazette;".

27. In sub-article (1) of article 12 of the principal Act, the words

"including by a qualified entity," shall be deleted.

28. In the first proviso to sub-article (11) of article 12A of the

principal Act the words "collective proceedings according to the

Collective Proceedings Act:" shall be substituted by the words

"redress measures according to the Representative

Actions (Consumers) Act, 2023:".

Act No. XVII of

2023.

29. Sub-article (2) of article 12C of the principal Act shall be Amendment of

article 12C of

deleted.

the principal

Act.

30. Sub-article (4) of article 12E of the principal Act shall be Amendment of

article 12E of

substituted by the following new sub-article

the principal

Act.

"(4) The decree of the Civil Court ordering the issue of

interim measures shall be enforceable upon its delivery and shall

remain in force for that period of time established by the Civil

Court. An appeal from the interim measures imposed by the

Civil Court according to sub-article (1) may be lodged by the

aggrieved party by means of an application filed before the Court

of Appeal within six (6) days from the date of such decree on the

legality, including the proportionality of the interim measures,

and the party against whom such an application is filed shall

reply thereto within six (6) days from the date of service of such

an application

Provided that an appeal filed in accordance with this

sub-article shall not have the effect of suspending any interim

measures imposed by the Civil Court

Provided further that the Court of Appeal shall

decide on the application filed according to this sub-article in an

expedited manner.".

31. Article 12G of the principal Act shall be amended by the Amendment of

article 12G of

following

the principal

Act.

(a) in sub-article (1) thereof, the words "or of a qualified

entity," shall be deleted; and

(b)

sub-articles (2), (3) and (4) thereof shall be deleted.

In article 43F of the principal Act, the words "in so far as this Amendment of

is applicable and excluding any references therein to qualified entities" article

the principal

shall be substituted by the words "in so far as this is applicable".

Act.

Article 107B of the principal Act shall be deleted.

Deletion of

article 107B of

the principal

Act.

In article 114 of the principal Act, the words "to have been

committed." shall be substituted by the words "to have been

committed:" and immediately thereafter there shall be added the

following new provisos

"Provided that this prescription period, with

regard to the institution of judicial proceedings

concerning infringements under this Act or any

regulations made thereunder, shall be interrupted by

(a) the notification of the person

concerned of the initiation of investigations in

accordance with article 12(2);

(b) any entry and search and, or any

inspection, made during an investigation in

accordance with article 103;

(c) any notifications of requests for

information made during an investigation in

accordance with article 104; and

(d) by the notification of the invitation by

the Director General to engage in commitments

discussions in accordance with article 12A

Provided further that the said prescription

period relative to the prosecution of an offence under

this Act or any regulations made thereunder, shall be

interrupted according to the provisions of the Criminal

Code

Provided further that the said prescription

period shall start to run again from each interruption.".

PART IV

AMENDMENTS TO THE MALTA COMMUNICATIONS

AUTHORITY ACT

This Part amends the Malta Communications Authority Act,

and it shall be read and construed as one with the Malta

Communications Authority Act, hereinafter in this Part referred to as

"the principal Act".

In article 2 of the principal Act, immediately after the

definition "public officer" there shall be added the following new

" "qualified entity" means the same as the meaning

assigned to it under article 4 of the Representative

Actions (Consumers) Act, 2023;".

2023.

Sub-article (1) of article 31 of the principal Act shall be Amendment of

article 31 of the

amended by the following

principal Act.

(a) in paragraph (b) thereof the words "order the

cessation" shall be substituted by the words "issue a compliance

order requiring the cessation";

(b) in paragraph (c) thereof the words "order the delay of

a service or bundle of services which" shall be substituted by the

words "issue a compliance order requiring the delay of a service

or bundle of services which"; and

(c) in paragraph (d) thereof the words "order the taking

of any such measures" shall be substituted by the words "issue a

compliance order requiring the taking of any such measures".

Immediately after article 31 of the principal Act there shall be Addition of new

article 31A to

added the following new article 31A

the principal

Act.

31A. (1) A qualified entity may apply to the

Authority for the issue of a compliance order where it

compliance order requests any of the measures listed in article 31(1)(b),

(c) or (d). In doing so a qualified entity shall submit a

written application to the Authority whereby it shall

satisfy the Authority that it tried to achieve the

cessation of the infringement in consultation with the

person against whom the compliance order is being

sought or with both such a person and another qualified

entity of the Member State in which the compliance

order or a similar measure is being sought.

(2) The Authority shall only consider an

application made in accordance with sub-article (1) if

the qualified entity shows to the satisfaction of the

Authority that

(a) the cessation of the infringement was

not achieved within two (2) weeks after the

request for consultation was received by the

person against whom such compliance order is

being sought; and

(b) the application relates to an

infringement that harms or may harm the

collective interests of consumers.

(3) It shall be at the discretion of the Authority to

decide whether or not to issue any such compliance

order subsequent to a written application by a qualified

entity to it

Provided that if the Authority decides not to

issue any such compliance order after an application

has been made to it, the Authority shall, within two (2)

working days from the date of its decision not to issue

any such compliance order, notify in writing the

qualified entity concerned and the person against whom

the aforesaid measure was sought, with its decision

stating the reasons thereof.

(4) The Authority shall decide any application by

a qualified entity under sub-article (1) within sixty (60)

days of its receipt by the Authority.

(5) In order for a qualified entity to seek the issue

of a compliance order by the Authority, it shall not be

necessary for the individual consumers to express their

wish to be represented by that qualified entity.

(6) A qualified entity in seeking the issue of a

compliance order by the Authority shall not be required

to prove

(a) actual loss or damage on the part of

the individual consumers affected by the

infringement of the law enforced by the Authority

in relation to which a compliance order is being

requested; or

(b) intent or negligence on the part of the

person against whom the compliance order is

being requested.

(7) The Authority shall dismiss any manifestly

unfounded applications by a qualified entity made to it

under this article. In doing so the Authority shall in all

instances give its reasons for doing so.".

Article 33A of the principal Act shall be substituted by the

following new article

33A. (1) The Authority may publish any final

decision that has been taken by it under this Part, and,

or any commitments given by a person in accordance

with article 32 on its website and such other means of

communication as it may consider appropriate. In doing

so the Authority may, where applicable, publish the

identity of the person responsible for the infringement

in relation to the final decision that has been taken.

(2) Without prejudice to the provisions of sub-

article (1), the Authority may require the person against

whom a compliance order has been issued to publish at

its expense the final decision issued by the Authority

pertinent to the issue of the compliance order in full or

in part in such form as the Authority considers

appropriate.".

Immediately after sub-article (3) of article 37 of the principal Amendment of

article 37 of the

Act there shall be added the following new sub-article

principal Act.

"(4) The qualified entity on whose request a compliance

order was issued by the Authority in accordance with article 31

shall be notified with any appeal filed by a person against whom

such an order was issued, and shall have twenty (20) days in

which to reply to the appeal commencing from the date when it

is notified with the aforesaid appeal.".

Immediately after article 37 of the principal Act there shall be Addition of new

article 37A to

added the following new article 37A

the principal

Act.

37A. (1) A qualified entity may apply to the

Tribunal for the issue of an order by the Tribunal where

the Authority is required to take any such measures in

accordance with article 31(1) as the Tribunal may

determine where

(a) the Authority decides not to uphold its

application for the issue of a compliance order

under article 31(1); or

(b) the Authority fails to issue a decision

within sixty (60) days of its receipt of the

application requesting the issue of a compliance

order under article 31(1)

Provided that any such application shall be

filed within twenty (20) days in case of paragraph (a)

commencing from the date of the decision of the

Authority, and in case of paragraph (b) commencing

from the date of the lapse of sixty (60) days period

Provided further that the qualified entity shall

notify the person against whom the compliance order

was requested and the Authority with its application.

(2) The person against whom the compliance order

is requested and the Authority shall be parties to any

such proceedings before the Tribunal and shall have the

right to reply to the application by the qualified entity

within twenty (20) days from the notification of the

aforesaid application.".

PART V

AMENDMENTS TO THE ELECTRONIC COMMERCE ACT

This Part amends the Electronic Commerce Act, and it shall

be read and construed as one with the Electronic Commerce Act,

hereafter in this Part referred to as "the principal Act".

In article 2 of the principal Act, the definition "qualified

entity" shall be deleted.

In sub-article (1) of article 24B of the principal Act, the words

", it may, of its own initiative or on a written application to it by a

qualified entity, issue a compliance order" shall be substituted by the

words "it may issue a compliance order".

Articles 24C and 24D of the principal Act shall be deleted.

In sub-article (1) of article 24E of the principal Act, the words

"The competent regulator and where appropriate any qualifying entity

that may have requested the issue of the compliance order, shall be

notified with the appeal and shall have twenty days from the date when

they are notified with the appeal in which to reply" shall be substituted

by the words "The competent regulator shall be notified with the

appeal and shall have twenty (20) days from the date when it is

notified with the appeal in which to reply".

In sub-article (1) of article 24F of the principal Act, the words

"under articles 24D and 24E" shall be substituted by the words "under

article 24E".

In the proviso to article 24J of the principal Act, the words "in

articles 24D and 24E" shall be substituted by the words "in article

24E".

PART VI

AMENDMENTS TO THE MALTA COMPETITION AND

CONSUMER AFFAIRS AUTHORITY ACT

This Part amends the Malta Competition and Consumer Amendments to

Affairs Authority Act, and it shall be read and construed as one with the

Malta

Competition and

the Malta Competition and Consumer Affairs Authority Act, Consumer

Affairs

hereinafter in this Part referred to as "the principal Act".

Authority Act.

In paragraph (f) of sub-article (1) of article 29 of the principal Amendment of

article 29 of the

Act, the words "including a qualified entity" shall be deleted.

principal Act.

In sub-article (3) of article 64 of the principal Act, the words Amendment of

"Appeals Tribunal" shall be substituted by the words "Civil Court" article

64 of the

principal Act.

wherever they occur.

PART VII

AMENDMENTS TO THE COLLECTIVE PROCEEDINGS ACT

This Part amends the Collective Proceedings Act, and it shall Amendments to

be read and construed as one with the Collective Proceedings Act, the

Collective

Proceedings

hereinafter in this Part referred to as "the principal Act".

Act.

The title of the principal Act shall be substituted by the Amendment to

the title of the

following new title

principal Act.

"COLLECTIVE PROCEEDINGS (COMPETITION) ACT".

In article 1 of the principal Act, the words: "the Collective Amendment of

Proceedings Act" shall be substituted by the words: "the Collective article

1 of the

principal Act.

Proceedings (Competition) Act".

In article 2 of the principal Act, immediately after the Amendment of

definition "constituted body" there shall be added the following new article

2 of the

principal Act.

definition

" "Court" means the Civil Court (Commercial

Section) established by article 3 of the Civil Courts

(Establishment of Sections) Order;".

Article 3 of the principal Act shall be substituted by the Substitution of

article 3 of the

following new article

principal Act.

" Application of this

3. Collective proceedings may be instituted to

Act.

seek the cessation of an infringement, the rectification

of the consequences of an infringement and, or

compensation for harm where

(1) an infringement of the Competition Act and, or

Articles 101 and, or 102 of the TFEU is alleged to have

occurred;

(2) an investigation initiated by the Director

General in accordance with the Competition Act and, or

Articles 101 and, or 102 of the TFEU, or proceedings

before a tribunal or similar body or the Court including

any other court of civil jurisdiction, concerning an

infringement of the Competition Act and, or Articles

101 and, or 102 of the TFEU is or are still pending; or

(3) a decision or judgement establishing a breach

of the Competition Act and, or Articles 101 and, or 102

of the TFEU, in relation to the same facts has become

res judicata.".

Article 4 of the principal Act shall be substituted by the

following new article

" Filing of collective

4. When the class representative files a claim for

damages arising from an infringement of the

Competition Act and, or Articles 101 or 102 of the

TFEU, the provisions of article 27A of the Competition

Act shall apply mutatis mutandis.".

Sub-article (1) of article 5 of the principal Act shall be

substituted by the following new sub-article

"(1) Collective proceedings shall be instituted by

means of a sworn application in the Court, irrespective

of the amount of the claim, and the provisions of the

Code of Organization and Civil Procedure, insofar as

they are consistent with the provisions of this Act, shall

apply to proceedings under this Act.".

Article 24 of the principal Act shall be substituted by the

following new article

24. The Prime Minister may from time to time

make regulations for the better carrying out of the

provisions of this Act, and may in particular without

prejudice to the generality hereof, extend the

application of article 12(1) to other representative

bodies.".

Schedule A to the principal Act shall be deleted.

PART VIII

AMENDMENTS TO THE CIVIL COURTS (ESTABLISHMENT

OF SECTIONS) ORDER

This Part amends the Civil Courts (Establishment of Amendments to

Sections) Order, and it shall be read and construed as one with the the

(Establishment

Civil Courts (Establishment of Sections) Order, hereinafter in this Part of

Order.

referred to as "the principal Order".

In article 5A of the principal Order, the words "and by the Amendment of

Malta Competition and Consumer Affairs Authority Act." shall be article

principal Order.

substituted by the words

"by the Malta Competition and Consumer Affairs

Authority Act, and by the Representative Actions

Act No. XVII of

(Consumers) Act, 2023.".

2023. Passed by the House of Representatives at Sitting No. 129 of the

31st May, 2023.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€3.51