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

Cap. 378 Art. 12EInterim measures.

PART IIA

En vigueurTexte officiel

(1) In cases of urgency due to the risk of immediate and serious harm to the collective interests of consumers, the Director

General may, at any stage during an investigation initiated according to article 12, or at any stage during the judicial proceedings initiated according to article 12(5), file an application before the Civil Court requesting that interim measures are issued for such period of time to be established by the Civil Court so that the person concerned remedies the situation.

(2) The application shall be served on the person concerned, who shall within eight days from the notification thereof, file his reply to propose any remedies or to contest the request for interim measures providing the reasons thereto.

(3) The Civil Court shall decide the application with urgency either or after hearing the advocates of the parties, if it in camera deems fit, provided that not more than one sitting may be fixed for such purpose.

(4) The decree of the Civil Court ordering the issue of interim measures shall be enforceable upon its delivery and shall remain in force for that period of time established by the Civil Court. An appeal from the interim measures imposed by the Civil Court according to sub-article (1) may be lodged by the aggrieved party by means of an application filed before the Court of Appeal within six (6) days from the date of such decree on the legality, including the proportionality of the interim measures, and the party against whom such an application is filed shall reply thereto within six (6) days from the date of service of such an application:

Provided that an appeal filed in accordance with this sub-article shall not have the effect of suspending any interim measures imposed by the Civil Court:

Provided further that the Court of Appeal shall decide on the application filed according to this sub-article in an expedited manner.

(5) Any person who infringes the decree ordering the interim measures shall be liable to a penalty according to article 106A.

Historique des modifications
  • Amended by XVII.2023.30