European Payment Injunction

An introduction for those who are not yet aware of its existence

Although it has been known to many for several years, we believe it might be useful to communicate to internet users, whether belonging to the wolrd of Law and Justice or not, that in the European Union it is possible to ask for and obtain a European payment injunction against a natural person or a corporate body residing in another Member State. Below, please find an extract from the website "The Injunctions Directive 98/27/EC ensures the defense of the collective interests of consumers in the internal market by providing means to bring action for the cessation of infringements of consumer rights. Directive 98/27/EC has been substantially modified several times (new Directives have been added to the annex). In the interest of clarity and rationality, this Directive has been codified by Directive 2009/22/EC. For this purpose the Directive sets out a common procedure to allow a qualified body from one country – which is usually a consumer representative body recognised by Members States authorities - to seek an injunction in another. In particular, a qualified body can bring an injunction for infringements of national provisions transposing the EU Directives, for example, infringements of the consumer rights as set out by the Directives on consumer credit, package travel, unfair commercial practices, unfair terms in consumer contracts, distance selling contracts, sale of consumer goods and associated guarantees. Member States must designate the courts or administrative authorities to rule on proceedings commenced by qualified entities to bring forward an injunctive action. The Directive sets out certain conditions for their operation. The Directive aims at ensuring that collective actions to protect consumers can be brought in the Member State where the business is located and therefore where the solution is most likely to be effective. The deadline for Member States to implement this Directive into their national legislation was 1 January 2001.

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