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

Cap. 378 Art. 12HProcedure, judgements and publications.

PART IIA

En vigueurTexte officiel

(1) Proceedings before the Civil Court shall be held in public with due regard to the protection of confidential information or of business secrets:

Provided that the person concerned, or the Director General, or the complainant may request the Civil Court to be heard behind closed doors where the submissions to be made or the evidence to be produced is of a confidential nature or contains business secrets:

Provided further that for the purposes of this provision a confidential and a non-confidential version of any written observations and documentary evidence shall be produced and the Civil Court shall verify the confidentiality or otherwise of the information submitted.

(2) Before giving its judgment, the Civil Court may have recourse to the judgments of the Court of Justice of the European Union, to the relevant decisions and, or statements of the European Commission, including interpretations of the European Regulations and Directives relative to consumer protection and may also refer to its decisions and to the decisions of the Competition and Consumer Appeals Tribunal.

(3) Where the Civil Court has in its judgment found the person concerned liable of an infringement or of infringements of this Act or of any regulations made thereunder, it shall impose a penalty according to article 106A for each infringement.

(4) Subject to the right of appeal established in article 12I, the judgments of the Civil Court shall be final and binding.

(5) Subject to the provisions of this Act, the provisions of the

Code of Organization and Civil Procedure shall, mutatis mutandis, apply to all judicial proceedings instituted according to this Act, before the Civil Court and the Court of Appeal and to the enforcement of judgements.

(6) When publishing judgements and decrees, the Civil Court shall have regard to the legitimate interest of the person concerned in the protection of his business secrets or other confidential information. The Civil Court may give the parties concerned the opportunity to specify the confidential parts of the judgement or decree which they want to be excluded from publication:

Provided that the Civil Court shall ultimately decide about which version shall be published:

Provided further that the Director General shall also publish on the website of the Authority the judgement delivered by the Civil Court.

(7) The Director General shall also publish on the website of the Authority a notice whereby it is stated that a sworn application has been filed according to article 12C having regard to the legitimate interest of the person concerned in the protection of his business secrets and other confidential information. The publication may contain the name of the person concerned against whom the Director General has filed a sworn application and a brief description of the type of the alleged infringement as well as the affected business sector.

Historique des modifications
  • Amended by XLIV.2021.12