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Cap. 520 · Collective Proceedings (Competition) Act (Cap. 520)

Cap. 520 Art. 23Costs. Cap. 12. Cap. 12.

In KraftAmtlicher Text

(1) Subject to sub-article (2), costs may be awarded in favour or against the class representative, but may not be awarded in favour of or against a represented person who is not the class representative.

(2) If the Court has approved the appointment of a class representative for a sub-class, costs associated with the determination of the common issues for the sub-class may be awarded in favour of or against that person, and not the class representative for the whole class.

(3) Costs associated with the determination of individual issues in accordance with article 15 may be awarded in favour of or against the relevant individual represented persons.

(4) A registered consumer association is 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 collective proceedings.

(5) In the event that the Court finds against the class representative that is a registered consumer association, the Court shall reduce court registry fees against the class representative by between one tenth and one half of the fees normally due, taking into account the economic standing of the class representative and the legal reasons for finding against the class representative.

(6) Where the Court finds that the collective proceedings are frivolous or vexatious, the Court may award increased registry costs up to a maximum of two thousand five hundred euro (€2,500) against the class representative: Provided that where the class representative is a registered consumer association, it may only be ordered to pay the full costs.

(7) Without prejudice to the provisions of this Act, the parties shall be subject to the provisions of Schedule A of the Code of Organization and Civil Procedure.