Injunctions Directive, Recitals, (9) Injunctions Directive, Article 2 Injunctions Directive, Article 3 Injunctions Directive, Article 3

Violation of the right to act.

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By an administrative action, the complainant bristled the inaction of the Television and Radio Council, which has not properly decided on the complaint. The complainant demanded that a company be ordered to refrain from the specified activities and to impose a fine.

The Constitutional Court did not agree with the complainant's point of view that Directive 2009/22 / EC implies a Member State's obligation to allow the participation of consumer organisations in all proceedings (judicial and administrative) within the consumer protection. The Court stated that the objective pursued by the Directive is to introduce a procedural instrument through which consumer organizations will be able to achieve a ban on consumer-related infringements. In accordance with the principle of proportionality of EU law, expressed inter alia in point 9 of the preamble to the Directive, it is up to the Member States which option to choose to achieve the objective. In a situation where the text of the Directive gives the Member States a choice between courts and administrative authorities, the Czech Republic has been empowered to entrust civil courts with decisions on consumer organisations' proposals, thereby fulfilling the obligation under Article 2 (1) of the Directive.

URL: https://nalus.usoud.cz/Search/ResultDetail.aspx?id=100366&pos=1&cnt=1&typ=result

Úplné znění: Úplné znění

Výsledky nejsou k dispozici.

Výsledky nejsou k dispozici.

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