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S.L. 456.1 · Access To Goods And Services And (S.L. 456.1)

S.L. 456.1 ст. 7Judicial and adminstrative proceedings.

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(1) Persons who feel that the principle of equal treatment within the scope of these regulations has not been applied to them, shall have a right to file a complaint with the Commissioner and the Commissioner shall initiate the proceedings prescribed in the Act or in any other applicable law or regulation.

(2) Without prejudice to subregulation (1), a person who alleges that any other person has committed in his or her regard any unlawful act under these regulations shall, within twenty-four months of the alleged breach, have a right of action before the competent court of civil jurisdiction requesting the court to order the defendant to desist from such unlawful act and to order the payment of compensation for such damage suffered through such unlawful act.

(3) In any proceedings mentioned in subregulations (1) and (2) hereof, where persons who consider themselves wronged since the principle of equal treatment has not been applied to them, establish before any competent Court or Tribunal facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the defendant to prove that there has been no breach of the principle of equal treatment on the hearing of the complaint, and the Court or Tribunal shall uphold the complaint if the defendant does not prove that he did not commit that unlawful act.

(4) In any such action as is provided under subregulation (2), the plaintiff shall moreover and in addition to such damages and costs as may have been actually suffered and as may be due according to law, be entitled to recover by way of compensation such sum of money as the court may in its discretion consider reasonable taking into account all the circumstances of the case. The court shall however ensure that compensation is dissuasive and proportionate to the damage suffered.