Cap. 378 чл. 12GCompliance orders.

(1) Without prejudice to the provisions of article 106A

and of sub-article (8), whether or not at the request of the Director

General, the Civil Court may, at its discretion, where it deems it reasonably appropriate or necessary in the public interest, in its judgement finding the person concerned liable of infringing the provisions of this Act or of the regulations made thereunder, issue a compliance order:

(a) on the person concerned, requiring:-

(i) the deletion or alteration of terms in a consumer contract that the Civil Court considers to be unfair to consumers in accordance with the provisions of Part VII of this Act; and

(ii) the incorporation of terms in a consumer contract that the Civil Court considers to be necessary for the better information of consumers, or for preventing a significant imbalance between the rights and obligations of the parties, and this to the benefit of consumers;

(b) requiring the person concerned engaging or proposing to engage in any unfair commercial practice, to discontinue or refrain from such practice, and, or to take any measures specified in the compliance order, including the making of a corrective statement, within the time specified therein to ensure that the provisions of Part VIII of this Act are complied with;

(c) requiring the person concerned to take any measures specified in the compliance order, including the making of a corrective statement, within the time specified in the compliance order to ensure that this Act and any regulations made thereunder or any law dealing with consumer rights and protection as may be designated by Order in the Gazette by the Minister acting after consulting the Council, are complied with; and

(d) requiring the person concerned to cease and desist from committing an offence or an infringement of this Act or of any regulations made thereunder or of any other law dealing with consumer rights and protection as may be designated by Order in the Gazette by the Minister after consulting the Council.

(2) Repealed by Act XVII.2023.31.

(3) Repealed by Act XVII.2023.31.

(4) Repealed by Act XVII.2023.31.

(5) Any person who fails to comply with a compliance order issued by the Civil Court, shall be liable to a penalty according to article 106A(2).

(6) Where a compliance order has been requested, the Civil Court shall in all cases act as expeditiously as possible.

(7) Once issued by the Civil Court, a compliance order shall come into force with immediate effect.

(8) When requesting the issue of a compliance order, the Director General shall not have to prove:

(a) actual loss or damage, or

(b) actual recklessness, negligence or fault on the part of the person concerned.

(9) The Civil Court may, in its judgement, in order to eliminate or reduce the continuing effects of any non-observance of any provisions of this Act or any regulations made thereunder or of any other law dealing with consumer rights and protection as may be designated by the Minister after consulting the Council by Order in the Gazette, order the person concerned:

(a) to publish a copy of the compliance order, in full or in part and in such form as the Civil Court deems to be appropriate and adequate; and, or

(b) to publish a corrective statement as required by the compliance order in relation to any infringement of this Act, or of any regulations made thereunder, or of any other law dealing with consumer rights and protection as may be designated by the Minister after consulting the Council by Order in the Gazette: Provided that with regard to the publication referred to in this sub-article, the Civil Court shall order that this publication is made in at least two daily newspapers and if appropriate, in any other medium of communication, at the expense of the person concerned, after the lapse of twenty days from the judgement and provided that no appeal has been filed: Provided further that where such publication is not effected as aforesaid by the person concerned, the Civil Court shall authorize the Director General to effect the publication himself, and to recover from the person concerned any expenses incurred.