Cap. 635 · Representative Actions (Consumers) Act (Cap. 635)
Cap. 635 Art. 4Interpretation. S.L. 12.19. Cap. 378.
Title I
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.