In order to file an admissible class action, a qualified entity is not required to provide evidences that it has the capacity to protect the consumers’ collective interests and to meet the court expenses. Said requirement (embodied in Article 380, Alinea 3 of the Code of Civil Procedure) is not applicable when it comes to class actions filed by a qualified entity. The legal interest of the plaintiff to file the class action is based on Article 186, Alinea 1 of the Consumers Protection Act (which implements Article 3, subparagraph b) of the Injunctions Directive). The inclusion of the plaintiff in the list approved according to Article 164, Alinea 1, point 7 of the Consumer Protection Act evidences the capacity of the plaintiff to protect the consumers’ collective interests and to meet the court expenses. The inclusion in this list is ordered by the Minister of the Economy after examination whether the same entity meets the relevant qualification criteria and if it is financially independent.
URL: http://www.vks.bg/vks_p03.htm
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