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Cap. 378 · Consumer Affairs Act (Cap. 378)

Cap. 378 чл. 20Jurisdiction of the tribunal.

PART III

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(1) A tribunal shall have jurisdiction to hear and determine claims made by consumers against traders where the value of the claim, exclusive of interests and costs, does not exceed ten thousand euro (€10,000), and where the claim relates to, arises out of or concerns, whether directly or indirectly -

(a) the purchase or hire of goods by a consumer from a trader; or

(b) the provision of services by a trader to a consumer.

(2) The jurisdiction of a tribunal shall not be exclusive, and it shall be at the option of the consumer whether to bring an action against a trader before a tribunal or before the ordinary courts; so however that -

(a) where an action has been brought before a tribunal by a consumer, it shall not be competent for the consumer to bring an action arising out of the same claim also before the ordinary court; and

(b) where an action has been brought before the ordinary courts by a consumer, or in a case brought by a trader against a consumer and the consumer sets forth a counter-claim, it shall be lawful for all the parties to the action, where the claim and the counter-claim if any are within the jurisdiction of a tribunal, by a joint note filed in the records of the case to request that court to transfer the case to a tribunal. Thereupon the ordinary court shall through the Registrar transfer a copy of the records of that case to the tribunal and shall refrain from taking further cognisance of the case. Registry costs in respect of the case before the ordinary courts shall in any such case be waived, and unless the parties otherwise agree in the note aforesaid, costs shall be determined in a like manner as if the case was withdrawn by the plaintiff: Provided that a case shall not be transferred to a tribunal where the value of the claim or counter-claim determined as provided for in sub-article (1) exceeds ten thousand euro (€10,000); and

(c) it shall be lawful for a trader to make a counter-claim against a consumer arising from a matter referred to in sub-article (1) before the tribunal in an action brought against him by a consumer.

История на изменения
  • Amended by XXIV.2023.3