REPRESENTATIVE ACTIONS (CONSUMERS) ACT (consumers)

CHAPTER 635

REPRESENTATIVE ACTIONS (CONSUMERS) ACT

AN ACT to provide for representative actions for the protection

of the collective interests of consumers, and to carry out other

consequential amendments.

25th June 2023

ACT XVII of 2023, as amended by Legal Notices 68 and 225 of 2025

and 27 of 2026.

(1)

The short title of this Act is the Representative

Actions (Consumers) Act.

(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.

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)

Regulation (EU) 2023/988 of the European Parliament and

of the Council of 10 May 2023 on general product safety, amending

Regulation (EU) No 1025/2012 of the European Parliament and of the

Council and Directive (EU) 2020/1828 of the European Parliament

and the Council, and repealing Directive 2001/95/EC of the European

Parliament and of the Council and Council Directive 87/357/EEC (OJ

L 135, 23.5.2023, p. 1): Article 39.

(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

REPRESENTATIVE ACTIONS (CONSUMERS)

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

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

REPRESENTATIVE ACTIONS (CONSUMERS)

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 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

Commission about the list of the qualified entities designated in

advance for the purpose of bringing cross-border representative

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

REPRESENTATIVE ACTIONS (CONSUMERS)

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 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 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

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

the Civil Court

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

(13)(a)

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

admissibility of the representative action in accordance with this Act

and any other applicable law and shall

REPRESENTATIVE ACTIONS (CONSUMERS)

(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 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

proceedings as a representative action solely on any of the following

grounds

(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

qualified entity in the representative action, the consumer shall notify

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

remedies obtained through the representative action proceedings. The

REPRESENTATIVE ACTIONS (CONSUMERS)

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 issue any decree it considers appropriate with respect to the

conduct of representative action proceedings to ensure their fair and

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

except 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

REPRESENTATIVE ACTIONS (CONSUMERS)

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

REPRESENTATIVE ACTIONS (CONSUMERS)

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 law prohibiting third party litigation funding, when a

representative action for redress measures is funded by a third party,

conflicts of 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

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

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

exceptions provided by the Code of Organisation and Civil Procedure.

(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

particular on their website, about

(a)

the representative actions they have decided to

bring before the Civil Court and, or a national administrative

authority;

REPRESENTATIVE ACTIONS (CONSUMERS)

(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 th e r e je c ti on or di sm i ss a l 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 co nclu ded

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

evidence sufficient to support a representative action, and has

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

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 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;

REPRESENTATIVE ACTIONS (CONSUMERS)

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

Procedure relating to appeals from judgements and decrees of the Civil

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 of Court registry fees according to Schedule A, Tariff A of

the Code of Organization and Civil Procedure upon the filing of the

representative 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 (⅟10) 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-

P a rl a m e n t E w r op e w u t a l- K un s i l l ( ‘ D ir e t t iv a dw a r P r a t ti ċ i

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

REPRESENTATIVE ACTIONS (CONSUMERS)

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.

REPRESENTATIVE ACTIONS (CONSUMERS)

(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

REPRESENTATIVE ACTIONS (CONSUMERS)

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).

( 68) Regulation (EU) 2024/1689 of the European Parliament

and of the Council of 13 June 2024 laying down harmonised rules on

artificial intelligence and amending Regulations (EC) No 300/2008,

REPRESENTATIVE ACTIONS (CONSUMERS)

(EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/

1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797

and (EU) 2020/1828 (Artificial Intelligence Act).

(69)

Regulation (EU) 2023/2854 of the European Parliament

and of the Council of 13 December 2023 on harmonised rules on fair

access to and use of data and amending Regulation (EU) 2017/2394

and Directive (EU) 2020/1828 (Data Act).