Cap. 418 чл. 31AApplication by a qualified entity for the issue of a compliance order by the Authority under article 31.

(1) A qualified entity may apply to the Authority for the issue of a compliance order where it 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.