Teismų praktika

Injunctions Directive, link

The Court must be active in dealing with consumer disputes concerning the protection of the public interest.

The plaintiff (consumer) applied to the Court for a declaration that the defendant's actions were contrary to the public interest of consumers and to prohibit the defendant from concluding contracts with consumers knowing that the company is not financially capable of fulfilling its obligations under those contracts. The First Instance Court upheld the action in part. The plaintiff appealed the decision of the First Instance Court.

Must the Court be active in dealing with consumer disputes concerning the protection of the public interest?

Yes. In the present case, the Court of First Instance had not only the right but also the duty to be proactive, to gather additional evidence independently, to assess the extent of the infringement, and to rule comprehensively on the existence of a breach of the public interest and on the need for restrictions (prohibitions) on the defendant's activities requested by the plaintiff, that is, to conclude whether such restrictions are necessary in a democratic society in order to protect consumer rights and freedoms.

URL: https://eteismai.lt/byla/95424869840298/e2A-88-614/2019

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The Court annulled the decision of the First Instance Court and referred the case back to the  First Instance Court.