Saturday, 13 June 2009

EU consumer protection: Injunctions (entities qualified to bring actions)

In the blog post EU consumer interests (injunctions), on 1 May 2009, we recorded the publication of the codified Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests, in the Official Journal of the European Union (OJEU) 1.5.2009 L 110/30.



Directive 2009/22 enters into force on 29 December 2009, so until then the repealed Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests is still in force.
Directive 98/27 was originally published in the Official Journal 11.6.1998 L 166/51, but the latest consolidated version is of 28.12.2006.



According to Article 4(3), “[t]he Commission shall draw up a list of the qualified entities referred to in paragraph 2, with the specification of their purpose. This list shall be published in the Official Journal of the European Communities; changes to this list shall be published without delay, the updated list shall be published every six months.”


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Qualified to bring action

Since the old Directive 98/27 is still in force, the Commission has published the entities qualified to bring actions under Article 2 of the old Directive:

Commission communication concerning Article 4(3) of Directive 98/27/EC of the European Parliament and of the Council on injunctions for the protection of consumers' interests, concerning the entities qualified to bring an action under Article 2 of this Directive, published in the Official Journal of the European Union (OJEU) 13.6.2009 C 135/1.




It states:

The authorities of the Member States concerned have recognised the entities mentioned below as being qualified to bring actions for an injunction under Article 2 of Directive 98/27/EC.

It then goes on to list, for each EU member state, the competent entities, engaged to protect the collective interests of consumers.


Ralf Grahn