Chapter 635

[ CAP. 635. REPRESENTATIVE ACTIONS (CONSUMERS) CHAPTER 635 REPRESENTATIVE ACTIONS (CONSUMERS) ACT AN ACT to provide for representative actions for the protection of the collective interests of consumers, and to carry out other consequential amendments. 25th June 2023 ACT XVII of 2023, as amended by Legal Notices 68 and 225 of 2025 and 27 of 2026. 1. (1) The short title of this Act is the Representative Actions (Consumers) Act. Short title and scope. (2) The scope of this Act is to transpose Directive (EU) 2020/ 1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers, and to repeal Directive 2009/22/EC, and to carry out other consequential amendments. Title I Scope, Applicability and Interpretation 2. The provisions of this Act shall not constitute grounds for the reduction of consumer protection within the scope of the legal acts listed in the Schedule. 3. This Act shall be applicable to: (1) representative actions brought before the Civil Court and, or before a national administrative authority against infringements by traders of the provisions of European Union law referred to in the Schedule, including such provisions as transposed into Maltese law, that harm or may harm the collective interests of consumers; and (2) domestic and cross-border infringements, including when those infringements ceased before the representative action was brought or when those infringements ceased before the representative action was concluded: Provided that this Act shall not have an effect on rules under European Union or national law establishing contractual and noncontractual remedies available to consumers for the infringements referred to in this article: Provided further that this Act is without prejudice to the provisions of European Union law referred to in the Schedule: Provided further that the provisions of this Act shall be without prejudice to European Union rules on private international law, in particular the rules regarding jurisdiction and the recognition Scope. Applicability. 1 2 [ CAP.635. REPRESENTATIVE ACTIONS (CONSUMERS) and enforcement of judgments in civil and commercial matters and rules on the law applicable to contractual and non-contractual obligations. Interpretation.   S.L. 12.19. 4. apply: For the purpose of this Act, the following definitions shall "Civil Court" means the Civil Court (Commercial Section) established by article 3 of the Civil Courts (Establishment of Sections) Order; "collective interests of consumers" means the general interest of consumers and, in particular for the purposes of redress measures, the interests of a group of consumers;   Cap. 378. "competent authority" means the Consumer Affairs Council as established under Part II of the Consumer Affairs Act; "consumer" means any natural person who acts for purposes which are outside that person’s trade, business, craft, or profession; "cross-border representative action" means a representative action brought by a qualified entity in a Member State other than that in which the qualified entity was designated; "defendant" means the representative action is brought; trader against whom a "domestic representative action" means a representative action brought by a qualified entity designated in Malta; "final decision" means a decision by a court or administrative authority of a Member State that cannot or can no longer be reviewed by ordinary means of appeal; "injunctive measure" includes any measure, however so described, the purpose of which is to ensure compliance with any of the European Union laws listed in the Schedule; "Minister" means the Minister responsible for consumer affairs; "national administrative authority" means any national public authority, however so described, as established by law; "plaintiff" means the qualified entity which files a representative action in the Civil Court and, or before a national administrative authority; REPRESENTATIVE ACTIONS (CONSUMERS) [ CAP. 635. 3 "practice" means any act or omission by a trader; "qualified entity" means any organisation or public body representing consumers’ interests which has been designated by a Member State as qualified to bring representative actions in accordance with the provisions of this Act; "redress measure" means a measure that requires a trader to provide consumers concerned with remedies such as compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate and as available under European Union or national law; "representative action" means an action for the protection of the collective interests of consumers that is brought by a qualified entity as a claimant party on behalf of consumers to seek an injunctive measure or a redress measure, or both combined; "trader" means any natural person, or any legal person irrespective of whether privately or publicly owned, that acts, including through another person acting in that person’s name or on that person’s behalf, for purposes relating to that person’s trade, business, craft, or profession. Title II Representative Actions 5. (1) Representative actions as provided for by this Act may be brought by qualified entities as designated by the competent authority for this purpose. (2) Entities, in particular the consumer organisations, including consumer organisations which represent members from more than one (1) Member State, shall be eligible to be designated as qualified entities for the purpose of bringing domestic representative actions, cross-border representative actions, or both combined. (3) The competent authority shall designate an entity as referred to in sub-article (2) which has made a request for designation as a qualified entity for the purpose of bringing domestic or crossborder representative actions, or both combined, if that entity complies with all of the following criteria: (a) it is a legal person that is constituted in accordance with the national law of the Member State of its designation and can demonstrate twelve (12) months of actual public activity in the protection of consumer interests prior to its request to be so designated; (b) its statutory purpose demonstrates that it has a legitimate interest in protecting consumer interests as provided Qualified entities. 4 [ CAP.635. REPRESENTATIVE ACTIONS (CONSUMERS) for in the provisions of European Union law referred to in the Schedule; (c) it has a non-profit-making character; (d) it is not the subject of insolvency proceedings and has not been declared insolvent; (e) it is independent and not influenced by persons other than consumers, in particular by traders, who have an economic interest in the bringing of any representative action, including in the event of funding by third parties, and, to that end, has established procedures to prevent such influence as well as to prevent conflicts of interest between itself, its funding providers and the interests of consumers; (f) it makes publicly available in plain and intelligible language by any appropriate means, in particular on its website, information that demonstrates that the entity complies with the criteria listed in paragraphs (a) to (e) and information about the sources of its funding in general, its organisational, management and membership structure, its statutory purpose and its activities:    Cap. 378. Provided that, with regard to domestic representative actions, those consumer associations registered according to Part IV of the Consumer Affairs Act shall be designated as qualified entities for the purposes of this Act, upon their request. (4) The competent authority may designate an entity as a qualified entity on an ad hoc basis for the purpose of bringing a particular domestic representative action, at the request of that entity if it complies with the criteria for designation as a qualified entity as provided for in sub-article (3). (5) Notwithstanding sub-article (3), the competent authority may designate public bodies as qualified entities for the purpose of bringing representative actions. Information and monitoring of qualified entities. 6. (1) The competent authority shall inform the European Commission about the list of the qualified entities designated in advance for the purpose of bringing cross-border representative actions, including the name and statutory purpose of those qualified entities, by 26th December 2023: Provided that the competent authority shall also inform the Commission whenever there are changes to that list and shall make that list publicly available on its website. (2) The information about the qualified entities designated in advance for the purpose of bringing domestic representative actions shall be made available to the public by means of a notice in the REPRESENTATIVE ACTIONS (CONSUMERS) [ CAP. 635. 5 Gazette and the competent authority’s website. (3) The competent authority shall, at least every five (5) years, assess whether qualified entities continued to comply with the criteria listed in article 5(3). The competent authority shall ensure that the qualified entity loses its status if it no longer complies with one (1) or more of those criteria mentioned in article 5(3). 7. (1) Qualified entities designated in advance in another Member State for the purpose of bringing cross-border representative actions may bring such representative actions before the Civil Court and, or before a national administrative authority as the case may be: Bringing of crossborder representative actions. Provided that a qualified entity registered in another Member State shall not be required to appoint an attorney in Malta to appear on its behalf. (2) When the alleged infringement of Union law as referred to in article 3(1) affects or is likely to affect consumers in different Member States, the representative action may be brought before the court or administrative authority of a Member State by several qualified entities from different Member States in order to protect the collective interests of consumers in different Member States. (3) The Civil Court and, or the national administrative authority shall accept the list referred to in article 6(1) as proof of the legal standing of the qualified entity to bring a cross-border representative action, without prejudice to the right of the Civil Court and, or the national administrative authority to examine whether the statutory purpose of the qualified entity justifies its taking action in a specific case. 8. (1) (a) Representative actions as provided for by this Act may be brought before the Civil Court and, or before a national administrative authority by qualified entities designated in accordance with article 5 as follows: (i) in the case of representative actions these shall be brought before the Civil Court by means of a sworn application in accordance with sub-article (4): Provided that when such actions relate to redress measures, then such action shall, in all instances in so far as they relate to redress measures, be filed before the Civil Court irrespective of the amount of the claim being made; and (ii) in the case of representative actions, in so far as these relate to injunctive measures brought before a national administrative authority, such actions shall be made in accordance with the applicable procedure Representative actions. 6 [ CAP.635. REPRESENTATIVE ACTIONS (CONSUMERS) established by law relating to the making of such actions for injunctive measures before the aforesaid authority; (b) The consumers’ interests in representative actions shall be represented by qualified entities and those qualified entities shall have the rights and obligations of a plaintiff in the proceedings. The consumers concerned by a representative action shall be entitled to benefit from the measures referred to in sub-article (11); (c) Prior to the institution of a representative action, a representative action agreement, subject to the provisions of this Act, shall be entered into between the consumer and the qualified entity whereby the consumer consents to his inclusion in the representative action proceedings and to the appointment of the qualified entity as the plaintiff, and includes the claim of the consumer and may also include the requirement to pay a modest entry fee or similar charge in order to participate in that representative action; Cap. 12. Duties of qualified entity. (d) The provisions of the Code of Organisation and Civil Procedure, insofar as they are consistent with the provisions of this Act, shall apply to proceedings under this Act, including with reference to the written pleadings, unless brought before a national administrative authority. (2) (a) The qualified entity shall act in the best interests of the consumers being represented. (b) The qualified entity shall explain to the consumers the nature of the representative action proceedings and shall also keep them informed on the progress of the proceedings including any judgment or decree that is binding on those consumers and, if applicable, on whether the qualified entity shall appeal from the judgement delivered by the Civil Court. (c) The qualified entity shall keep and maintain a register to record the identity and claims of those consumers who are part of the representative action proceedings and shall, on request, make such register available to the defendant. Measures which may be sought. Contents of sworn application. (3) Qualified entities shall be entitled to seek at least one (1) of the following measures: (a) injunctive measures as provided for in article 9; (b) redress measures as provided for in article 10. (4) (a) The actions brought in front of the Civil Court shall be brought by a sworn application, and the plaintiff shall request the Civil Court to declare that the representative action procedure is the [ CAP. 635. REPRESENTATIVE ACTIONS (CONSUMERS) most appropriate procedure in the circumstances. (b) The sworn application shall: (i) state the name of the plaintiff and his specific representative capacity according to this Act; (ii) state the name of the defendant; (iii) state the representative action; funding sources of the (iv) provide a description of the group of consumers concerned by the representative action; (v) describe the common issues for the claims which the plaintiff has brought in the representative action; (vi) state the claim or claims being requested, the redress measure being sought and if applicable, attach a breakdown of the relative amounts due to the group of consumers; (vii) provide sufficient evidence that satisfies the criteria required to establish the admissibility by the Civil Court according to sub-articles (6) and (7); (viii) provide the Civil Court with a representative action agreement in accordance with subarticle (1)(c); (ix) specify the injunctive measures, if any, as established in article 9, that are being requested: Provided that the provisions of article 156 of the Code of Organization and Civil Procedure shall, where applicable, also apply to the sworn application in representative actions brought in front of the Civil Court: Cap. 12. Provided further that the Civil Court shall order the amendment of the sworn application when other consumers opt-in within the period mentioned in the proviso to sub-article (8) or after obtaining permission from the Civil Court in terms of sub-article (13)(a): Provided further that when an injunctive measure is being requested, the provisions of article 9 shall apply. (5) The Civil Court shall hold a pre-trial hearing to assess the admissibility of the representative action in accordance with this Act and any other applicable law and shall: Pre-trial hearing. 7 8 [ CAP.635. REPRESENTATIVE ACTIONS (CONSUMERS) (a) issue a decree ordering the continuation of the proceedings together with other orders as it may deem fit or ordering the dismissal of the action: Provided that an appeal from the decree shall be filed within ten (10) days from date of delivery of decree; or (b) issue a decree to stay the proceedings if the parties agree, during the hearing, to attempt to settle the lawsuit according to article 12. Admissibility. (6) (a) The Civil Court shall issue a decree on the admissibility of the proceedings for a representative action when the plaintiff proves to the satisfaction of the Court that: (i) the claims in the proceedings are brought on behalf of an identified group of consumers and raise common issues; (ii) the representative action is the most appropriate means for the fair and efficient resolution of the common issues; and (iii) unfounded. the representative action is not manifestly (b) In determining whether the representative action is the most appropriate means for the fair and efficient resolution of the common issues for the purposes of paragraph (a)(ii), the Civil Court shall take into account, amongst other things: (i) action; and (ii) Certain matters shall not bar issue of an admissibility decree. the benefits of the proposed representative the nature of the group of consumers. (7) The Civil Court shall not refuse to issue a decree for proceedings as a representative action solely on any of the following grounds: (a) the claim requires individual assessment after determination of the common issues; (b) the claim relates to separate contracts involving different consumers; (c) the amount and nature of the damages sought vary among the different consumers. Decree ordering the continuation of proceedings. (8) (a) The Civil Court shall decree the continuation of proceedings if: REPRESENTATIVE ACTIONS (CONSUMERS) [ CAP. 635. (i) it declares the proceedings as appropriate for representative actions in accordance with sub-article (6); and (ii) it is satisfied that the claims are pursuant to the laws listed under the Schedule. (b) The decree shall include: (i) the name and address of the plaintiff; (ii) the name and address of the defendant; (iii) a description of the group of consumers; (iv) the common issues for the claims which the plaintiff has brought in the representative action; (v) the claims sought; and (vi) information on the legal effect of a judgment in the representative action: Provided that the decree may also contain such conditions as the Civil Court may deem fit and the Civil Court shall order that such decree is to be published in the Gazette and in local English and Maltese newspapers and in any other media if the Civil Court deems it fit, provisionally at the expense of the plaintiff, and shall state that any other consumers who desire to be represented by the qualified entity, may do so within a specified date as determined by the Court, which date may not exceed five (5) months from the date of the decree, by registering their claim with the plaintiff and entering into a representative action agreement in accordance with paragraph (c) of sub-article (1). (9) If at any time after the pre-trial stage, it appears to the Civil Court that the qualified entity no longer satisfies the criteria mentioned in article 5 or is no longer, for any other reason, in a position to represent the interests of the represented consumers, the Civil Court may, either of its own initiative, or on the application of any of the represented consumers, or on the application of the defendent: Substitution. (a) substitute the qualified entity by another qualified entity which satisfies the criteria mentioned in article 5 as the qualified entity; and, or (b) make any other order it considers appropriate. (10) If the consumer no longer wishes to be represented by the qualified entity in the representative action, the consumer shall notify the qualified entity in writing and shall no longer benefit from any remedies obtained through the representative action proceedings. The Withdrawal by consumer. 9 10 [ CAP.635. REPRESENTATIVE ACTIONS (CONSUMERS) qualified entity shall inform the Civil Court of any withdrawals by consumers in the group of represented consumers. Civil Court may determine conduct of proceedings. (11) The Civil Court, on the application of any of the parties, may issue any decree it considers appropriate with respect to the conduct of representative action proceedings to ensure their fair and expeditious determination and, for this purpose, may impose such terms on the parties as it considers appropriate. Judgements and decrees. (12) (i) A judgment on the common issues for the represented consumers shall bind the represented consumers. (ii) The plaintiff shall give notice of any judgment or decree to those represented consumers who are bound by it in a form and manner that is approved by the Civil Court. (iii) When in its judgement the Civil Court orders the defendant to pay compensation, it may order the defendant to credit the amount due to a specific account held by the plaintiff and may give such orders, as it deems necessary, to the plaintiff for the effective distribution of that compensation among the represented consumers. Represented consumers. (13) (a) A consumer who does not opt-in in accordance with the proviso in sub-article (8) may not do so after the specified date, except with the permission of the Civil Court by means of an application. The Civil Court may grant such permission if it is satisfied that the delay was not caused by the fault of that consumer and the continuation of the proceedings would not suffer substantial prejudice if permission were granted: Provided that if permission is granted, the consumer shall enter into a representative action agreement in accordance with paragraph (c) of sub-article (1): Provided further that no appeal shall lie from the Civil Court’s decision to grant or refuse permission to opt-in. (b) A consumer who has already filed a cause that raises the common issues in the representative action may not be a represented person unless the consumer discontinues or applies to stay that cause before opting-in in the representative action. (c) A consumer may also not be a represented person when: (i) he has already reached an out of court settlement on the common issues set out in the representative action’s decree with the defendant; or (ii) an arbitration decision between the REPRESENTATIVE ACTIONS (CONSUMERS) [ CAP. 635. consumer and the defendant has already been issued on the remedies sought by the group of consumers; or (iii) a decision on the common issues set out in the representative action’s decree has already become res judicata before a tribunal or similar body or court of civil jurisdiction and the said tribunal or similar body or court has already decided on the remedies sought by the consumer. 9. (1) Injunctive measures referred to in article 8(3)(a) shall be available in the form of: (a) a provisional measure to cease a practice or, when appropriate, to prohibit a practice, when that practice has been deemed to constitute an infringement as referred to in article 3; (b) a definitive measure to cease a practice or, when appropriate, to prohibit a practice, when that practice has been found to constitute an infringement as referred to in article 3: Provided that in all instances the proceedings relative to injunctive measures shall be dealt with due expediency. (2) A provisional measure referred to in sub-article (1)(a) shall be dealt with summarily and according to the following procedure: (a) at any stage during the redress measure proceedings, the plaintiff may file an application before the Civil Court within the acts of the same redress measure proceedings requesting that provisional measures are issued for such period of time that shall be established by the Civil Court so that the defendant remedies the situation; (b) the application shall be served on the defendant, who shall within eight (8) days from the notification thereof, file his reply to propose any remedies or to contest the request for provisional measures providing the reasons thereto; (c) the Civil Court shall decide the application with urgency in camera or after hearing the advocates of the parties, if it deems fit, provided that not more than one (1) sitting may be appointed for such purpose; (d) the decree of the Civil Court ordering the issue of provisional measures shall be enforceable upon its delivery and shall remain in force for the period of time established by the Civil Court; (e) an appeal from the provisional measures imposed by the Civil Court according to sub-article (1)(a) may be lodged by the aggrieved party by means of an application filed before Injunctive measures. 11 12 [ CAP.635. REPRESENTATIVE ACTIONS (CONSUMERS) the Court of Appeal within six (6) days from the date of such decree on the legality, including the proportionality of the provisional 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 subarticle shall not have the effect of suspending any provisional measures imposed by the Civil Court; (f) the Court of Appeal shall decide on the application filed according to sub-article (2)(e) in an expedited manner; (g) any person who infringes the decree ordering the provisional measures shall be liable to a fine (multa) according to article 19. (3) A definitive measure referred to in sub-article (1)(b) shall include: (a) a measure establishing that the practice constitutes an infringement as referred to in article 3; and (b) an obligation to publish the decision on the measure in full or in part, in such form as the Civil Court considers appropriate, or an obligation to publish a corrective statement. (4) The qualified entity requesting a definitive measure in terms of sub-article (1)(b) shall: (a) file a sworn application, which shall be notified to all the parties to the judicial proceedings; (b) satisfy the Civil Court that the qualified entity has tried to achieve the cessation of the infringement in consultation with the defendant and that cessation was not achieved within two (2) weeks from the request for cessation; and (c) not be required to have or to prove an interest in or to be affected by the matter or act in issue. (5) In order for a qualified entity to seek an injunctive measure, the individual consumers shall not be required to express their wish to be represented by that qualified entity. (6) The qualified entity shall not be required to prove: (a) the actual loss or damage on the part of the individual consumers affected by the infringement as referred REPRESENTATIVE ACTIONS (CONSUMERS) [ CAP. 635. 13 to in article 3; or (b) the intent or negligence on the part of the trader. (7) Saving the provisions of this article, the request for an injunctive measure shall be brought before a national administrative authority, insofar as provided for by regulations made under this Act or by or under any other law that regulates the procedure concerning such requests instead of being brought before the Civil Court: Provided that where an injunctive measure is brought before a national administrative authority, such administrative authority shall be empowered to regulate its own applicable procedure for the bringing of such action, which procedure shall be in accordance with Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC. 10. (1) A redress measure shall require a trader to provide consumers concerned with remedies such as compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate in terms of the provisions of this Act and any other relevant laws and regulations. (2) A consumer who intends to seek redress measures by joining a representative action shall follow the procedure established in article 8(1)(c), and where applicable, shall also abide by the provisions in the provisos to sub-articles (8) and (13) of article 8. (3) Notwithstanding sub-article (2), individual consumers who are not habitually resident in Malta shall be bound to explicitly express their wish to be represented in that representative action by following the procedure established in article 8(1)(c), and when applicable, shall also abide by the provisions in the provisos to sub-articles (8) and (13) of article 8 in order for those consumers to be bound by the outcome of that representative action. (4) Where a redress measure does not specify the individual consumers entitled to benefit from remedies provided by the redress measure, it shall at least describe the group of consumers entitled to benefit from those remedies. (5) A redress measure shall entitle consumers to benefit from the remedies provided by that redress measure without the need to bring a separate action. (6) Where the Civil Court has established the defendant’s responsibility, it shall determine the period in which the defendant shall provide the remedies ordered by the Civil Court. (7) Qualified entities shall be able to bring representative Redress measures. 14 [ CAP.635. REPRESENTATIVE ACTIONS (CONSUMERS) actions for a redress measure without it being necessary for a court to have previously established an infringement as referred to in article 3 in separate proceedings. (8) The remedies provided by redress measures within a representative action shall be without prejudice to any additional remedies available to consumers under European Union or national law which were not the subject of that representative action. Funding of representative actions for redress measures. 11. (1) Without prejudice to any other provision in any other law prohibiting third party litigation funding, when a representative action for redress measures is funded by a third party, conflicts of interests shall be prevented and funding by third parties that have an economic interest in the bringing or the outcome of the representative action for redress measures shall not divert the representative action away from the protection of the collective interests of consumers. (2) For the purposes of sub-article (1), in particular: (a) the decisions of qualified entities in the context of a representative action, including decisions on settlement, shall not be unduly influenced by a third party in a manner that would be detrimental to the collective interests of the consumers concerned by the representative action; and (b) the representative action shall not be brought against a defendant that is a competitor of the funding provider or against a defendant on which the funding provider is dependent. (3) The Civil Court, in representative actions for redress measures, shall be empowered to assess compliance with sub-articles (1) and (2) in cases where any justified doubts arise with respect to such compliance. To that end, qualified entities shall disclose to the Civil Court a general financial overview that lists sources of funds used to support the representative action. (4) For the purposes of sub-articles (1) and (2), the Civil Court shall be empowered to take appropriate measures, such as requiring the qualified entity to refuse or make changes in respect of the relevant funding and, if necessary, rejecting the legal standing of the qualified entity in a specific representative action. If the legal standing of the qualified entity is rejected in a specific representative action, that rejection shall not affect the rights of the consumers concerned by that representative action. Redress settlements. 12. (1) For the purpose of approving settlements, in a representative action for redress measures: (a) the plaintiff and the defendant may jointly REPRESENTATIVE ACTIONS (CONSUMERS) [ CAP. 635. 15 propose to the Civil Court a settlement regarding redress for the consumers concerned; or (b) the Civil Court after having consulted the plaintiff and the defendant, may invite the plaintiff and the defendant to reach a settlement regarding redress within a reasonable time limit: Provided that the plaintiff is to consult with the represented consumers on behalf of whom the plaintiff filed the representative action prior to moving forward with a settlement. (2) Settlements referred to in sub-article (1) shall be subject to the scrutiny of the Civil Court. The Civil Court shall assess whether it has to refuse to approve a settlement that is contrary to mandatory provisions of the law, or includes conditions which cannot be enforced, while taking into consideration the rights and interests of all parties, and in particular those of the represented consumers. The Civil Court may refuse to approve a settlement on the grounds that the settlement is unfair. (3) If the Civil Court does not approve the settlement, it shall continue to hear the representative action concerned. (4) Approved settlements shall be binding upon the plaintiff, the defendant and the individual represented consumers concerned. (5) The redress obtained through an approved settlement in accordance with sub-article (2) shall be without prejudice to any additional remedies available to consumers under European Union or national law which were not the subject of that settlement. 13. (1) The unsuccessful party in a representative action for redress measures shall be required to pay the costs of the proceedings borne by the successful party, in accordance with any conditions and exceptions provided by the Code of Organisation and Civil Procedure. Allocation of costs of a representative action for redress measures.  Cap. 12. (2) Individual consumers concerned by a representative action for redress measures shall not pay the costs of the proceedings. (3) Saving the provisions of sub-article (2), in exceptional circumstances, an individual consumer concerned by a representative action for redress measures may be ordered to pay the costs of proceedings that were incurred as a result of the individual consumer’s intentional or negligent conduct. 14. (1) Qualified entities shall provide information, in particular on their website, about: (a) the representative actions they have decided to bring before the Civil Court and, or a national administrative authority; Information on representative actions. 16 [ CAP.635. REPRESENTATIVE ACTIONS (CONSUMERS) (b) the status of the representative actions they have brought before the Civil Court and, or a national administrative authority; and (c) the outcomes of the representative actions referred to in paragraphs (a) and (b). (2) Consumers concerned by an ongoing representative action for redress measures shall be provided with information about the representative action in a timely manner and by appropriate means, in order to enable those consumers to express their wish explicitly or tacitly to be represented in that representative action pursuant to article 10(2): Provided that without prejudice to the information referred to in sub-articles (1) and (2), the Civil Court, in the case of redress measures, shall require the defendant to inform the consumers concerned by the representative action, at the defendant’s expense, of any final decisions providing for the measures referred to in article 8 and any approved settlements as referred to in article 12, by means appropriate to the circumstances of the case and within specific time limits, including, where appropriate, informing all consumers concerned individually. This obligation shall not apply if the consumers concerned are informed of the final decision or approved settlement in another manner. (3) The information requirements referred to in the proviso to sub-article (2) shall apply mutatis mutandis to qualified entities concerning final decisions on th e r e je c ti on or di sm i ss a l of representative actions for redress measures. (4) The successful party shall be able to recover the costs related to providing information to consumers in the context of the representative action in accordance with article 13(1). Electronic database. 15. The competent authority may set up a national electronic database that is publicly accessible through its website and that provides information on qualified entities designated in advance for the purpose of bringing domestic and cross-border representative actions and general information on ongoing and co nclu ded representative actions. When the competent authority sets up an electronic database, it shall notify the Commission of the internet address at which that electronic database is accessible: Provided that the competent authority shall provide on its website the link to the Commission’s electronic database to allow accessibility to the public. REPRESENTATIVE ACTIONS (CONSUMERS) [ CAP. 635. 16. The final decision of a court and, or an administrative authority of any Member State concerning the existence of an infringement harming collective interests of consumers may be used by all parties as evidence in the context of any other action before the Civil Court or a national administrative authority to seek redress measures against the same trader for the same practice, in accordance with the Code of Organisation and Civil Procedure. Effects of final decisions.         Cap. 12. 17. (1) A pending representative action for an injunctive measure referred to in article 9, including an action for an injunctive measure made before a national administrative authority in accordance with article 9(7), shall have the effect of suspending the prescription periods in respect of the consumers involved in that representative action, so that those consumers are not prevented from subsequently bringing an action for redress measures concerning the alleged infringement as referred to in article 3(1) because the applicable prescription periods expired during the representative action for those injunctive measures. Prescription. (2) A pending representative action for a redress measure referred to in article 10 shall have the effect of suspending prescription periods applicable in respect of the consumers concerned by that representative action: Provided that the suspension mentioned in this article shall be as established in article 2125(f) of the Civil Code.   Cap. 16. 18. When a qualified entity has provided reasonably available evidence sufficient to support a representative action, and has indicated that additional evidence may lie in the control of the defendant or a third party, if requested by that qualified entity, the Civil Court shall be empowered to order that such evidence be disclosed by the defendant or the third party, in accordance with the Code of Organisation and Civil Procedure subject to the applicable Union and national rules on confidentiality and proportionality. If requested by the defendant, the Civil Court shall also be able to equally order the qualified entity or a third party to disclose relevant evidence, in accordance with the Code of Organisation and Civil Procedure. Disclosure of evidence.          Cap. 12. 19. (1) Subject to the provisions of this Act, when any party, as the case may be, fails or refuses to comply with any order of the Civil Court: Punishment. (a) with respect to a defendant, an injunctive measure referred to in article 9(1) or a decree issued according to article 9(2)(e) and an order issued pursuant to article 9(3)(b); or (b) with respect to any party, on the obligations referred to in the proviso to article 14(2) or article 18; 17 18 [ CAP.635. REPRESENTATIVE ACTIONS (CONSUMERS) the Civil Court shall impose a fine (multa) of not less than five hundred euro (€500) and not more than ten thousand euro (€10,000). Appeals.  Cap. 12. 20. (1) The provisions of the Code of Organization and Civil Procedure relating to appeals from judgements and decrees of the Civil Court shall mutatis mutandis apply to appeals from judgements and decrees delivered under this Act, unless otherwise provided in this Act. (2) An appeal from a judgement of the Civil Court on behalf of the group of consumers may only be filed by the plaintiff and not by the group of consumers. Assistance for qualified entities.  Cap. 12. 21. (1) A qualified entity shall be exempted from the payment of Court registry fees according to Schedule A, Tariff A of the Code of Organization and Civil Procedure upon the filing of the representative action proceedings. (2) In the event that the Civil Court finds against the qualified entity, the Civil Court shall reduce Court registry fees against the qualified entity by between one tenth (⅟10) and half (½) of the fees normally due, taking into account the economic standing of the qualified entity and the legal reasons for finding against the qualified entity. Power to make regulations. 22. The Minister, in consultation with the Minister responsible for justice, may from time to time make regulations for the better carrying out of the provisions of this Act: Provided that the Minister may, in consultation with the Minister responsible for justice, by order in the Gazette list in the Schedule any European Union legislation, for the purposes of this Act: Provided further that the Minister may, in consultation with the Minister responsible for justice, by order in the Gazette amend such list: Provided further that the Minister may, in consultation with the minister responsible for a national administrative authority, make regulations in relation to injunctive measure procedures. Amended by: L.N. 68 of 2025; L.N. 225 of 2025; L.N. 27 of 2026. SCHEDULE LIST OF PROVISIONS OF EUROPEAN UNION LAW REFERRED TO IN ARTICLES 2, 3, 5 AND 8 (1) Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29). (2) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29). REPRESENTATIVE ACTIONS (CONSUMERS) [ CAP. 635. (3) Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents (OJ L 285, 17.10.1997, p. 1). (4) Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (OJ L 80, 18.3.1998, p. 27). (5) Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12). (6) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1): Articles 5-7, 10 and 11. (7) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67): Articles 86-90, 98 and 100. (8) Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC (OJ L 135, 23.5.2023, p. 1): Article 39. (9) Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ L 108, 24.4.2002, p. 51): Article 10 and Chapter IV. (10) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37): Articles 4-8 and 13. (11) Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/ EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p. 16). (12) Regulation (EC) No 178/2002 of the European Parliament 19 20 [ CAP.635. REPRESENTATIVE ACTIONS (CONSUMERS) and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). (13) Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. 1). (14) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22). (15) Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21). (16) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36): Articles 20 and 22. (17) Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (OJ L 204, 26.7.2006, p. 1). (18) Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14). (19) Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66). (20) Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (OJ L 33, 3.2.2009, p. 10). (21) Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (OJ L 293, 31.10.2008, p. 3): Article 23. (22) Regulation (EC) No 1272/2008 of the European Parliament REPRESENTATIVE ACTIONS (CONSUMERS) [ CAP. 635. and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1): Articles 1-35. (23) Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (Recast) (OJ L 302, 17.11.2009, p. 32). (24) Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ L 211, 14.8.2009, p. 55): Article 3 and Annex I. (25) Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94): Article 3 and Annex I. (26) Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7). (27) Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (Recast) (OJ L 285, 31.10.2009, p. 10): Article 14 and Annex I. (28) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (Recast) (OJ L 335, 17.12.2009, p. 1): Articles 183-186. (29) Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (OJ L 131, 28.5.2009, p. 24). (30) Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001 (OJ L 266, 9.10.2009, p. 11). (31) Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters (OJ L 342, 22.12.2009, p. 46): Articles 4-6. 21 22 [ CAP.635. REPRESENTATIVE ACTIONS (CONSUMERS) (32) Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (Recast) (OJ L 342, 22.12.2009, p. 59): Articles 3-8 and 19‐21. (33) Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1): Articles 9-11, 19-26 and 28b. (34) Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1): Articles 9-10. (35) Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1). (36) Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1). (37) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/ EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). (38) Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1). (39) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18). (40) Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives REPRESENTATIVE ACTIONS (CONSUMERS) [ CAP. 635. 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1): Articles 911a. (41) Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22). (42) Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union (Recast) (OJ L 172, 30.6.2012, p. 10). (43) Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63): Article 13. (44) Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) (OJ L 165, 18.6.2013, p. 1): Article 14. (45) Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). (46) Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (Recast) (OJ L 96, 29.3.2014, p. 107). (47) Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (Recast) (OJ L 96, 29.3.2014, p. 357). (48) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (Recast) (OJ L 173, 12.6.2014, p. 349): Articles 23-29. (49) Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment 23 24 [ CAP.635. REPRESENTATIVE ACTIONS (CONSUMERS) accounts with basic features (OJ L 257, 28.8.2014, p. 214). (50) Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (OJ L 352, 9.12.2014, p. 1). (51) Regulation (EU) 2015/760 of the European Parliament and of the Council of 29 April 2015 on European long-term investment funds (OJ L 123, 19.5.2015, p. 98). (52) Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and retail charges for regulated intraEU communications and amending Directive 2002/22/EC and Regulation (EU) No 531/2012 (OJ L 310, 26.11.2015, p. 1). (53) Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, p. 1). (54) Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35). (55) Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (Recast) (OJ L 26, 2.2.2016, p. 19): Articles 17-24 and 28-30. (56) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). (57) Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/ EEC (OJ L 117, 5.5.2017, p. 1): Chapter II. (58) Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/ 227/EU (OJ L 117, 5.5.2017, p. 176): Chapter II. REPRESENTATIVE ACTIONS (CONSUMERS) [ CAP. 635. (59) Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market (OJ L 168, 30.6.2017, p. 1). (60) Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p. 12). (61) Regulation (EU) 2017/1131 of the European Parliament and of the Council of 14 June 2017 on money market funds (OJ L 169, 30.6.2017, p. 8). (62) Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1): Articles 3-6. (63) Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geoblocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (OJ L 60 I, 2.3.2018, p. 1): Articles 3-5. (64) Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast) (OJ L 321, 17.12.2018, p. 36): Articles 88 and 98-116 and Annexes VI and VIII. (65) Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). (66) Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28). (67) Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 21.9.2022, p. 1). (68) Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, 25 26 [ CAP.635. REPRESENTATIVE ACTIONS (CONSUMERS) (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/ 1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act). (69) Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act).