Cap. 635 Art. 10Redress measures.

(1) A redress measure shall require 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 in terms of the provisions of this Act and any other relevant laws and regulations.

(2) A consumer who intends to seek redress measures by joining a representative action shall follow the procedure established in article 8(1)(c), and where applicable, shall also abide by the provisions in the provisos to sub-articles (8) and (13) of article 8.

(3) Notwithstanding sub-article (2), individual consumers who are not habitually resident in Malta shall be bound to explicitly express their wish to be represented in that representative action by following the procedure established in article 8(1)(c), and when applicable, shall also abide by the provisions in the provisos to sub-articles (8) and (13) of article 8 in order for those consumers to be bound by the outcome of that representative action.

(4) Where a redress measure does not specify the individual consumers entitled to benefit from remedies provided by the redress measure, it shall at least describe the group of consumers entitled to benefit from those remedies.

(5) A redress measure shall entitle consumers to benefit from the remedies provided by that redress measure without the need to bring a separate action.

(6) Where the Civil Court has established the defendant’s responsibility, it shall determine the period in which the defendant shall provide the remedies ordered by the Civil Court.

(7) Qualified entities shall be able to bring representative actions for a redress measure without it being necessary for a court to have previously established an infringement as referred to in article 3 in separate proceedings.

(8) The remedies provided by redress measures within a representative action shall be without prejudice to any additional remedies available to consumers under European Union or national law which were not the subject of that representative action.