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Case Details

Case Details
National ID 9 As 134/2013 - 55
Member State Czech Republic
Common Name link
Decision type Administrative decision in appeal
Decision date 23/01/2014
Court Supreme Administrative Court
Subject
Plaintiff Unicampus, o. s.
Defendant Council for radio and TV broadcast
Keywords case law, consumer, consumer rights, consumer rights organisation, legal actions

Injunctions Directive, Article 3, (b)

The subject of protection under the national laws and the Directive 2009/22/EC has to be directly injured through administrative or court decision or inactivity. The plaintiff in this situation was different from the subject fined by the administrative authority. Therefore, the plaintiff is not allowed to use the national laws related to the the proteciton of consumers simultaneously with the Directive 2009/22/EC.
A court of lower instance rejected in its earlier decision a legal action of the plaintiff against the defendant, because the plaintiff wasn't allowed to be participant of the process. The plaintiff wanted to have the previous decision annulled through his legal action. The decision of the defendant imposed a fine to a different subject to protect consumers. However, the plaintiff stated, that the defendant did not take sufficient action on the field of protection of the consumer.
The plaintiff was not directly injured by the decision of the defendant and so is not allowed to use the legal action according to the Directive 2009/22/EC. The plaintiff should use different kind of legal action, the legal action according to the Directive 2009/22/EC is not acceptable.
Who is the subject of protection according to the Directive 2009/22/EC?
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The appeal in cassation was dismissed.