Commission communication concerning Article 4(3) of Directive 98/27/EC of the European Parliament and of the Council on injunctions for the protection of consumers' interests, concerning the entities qualified to bring an action under Article 2 of this Directive

(2002/C 273/03)

(Text with EEA relevance)

The authorities of the Member States concerned have recognised the entities mentioned below as being qualified to bring actions for an injunction under Article 2 of Directive 98/27/EC.

DENMARK

1. Forbrugerombudsmanden

(Consumer Ombudsman)

Amagerfælledvej 56 DK - 2300 København S Tel. (45) 32 66 90 00 Fax (45) 32 66 91 00 E-mail: fs@fs.dk Website: www.fs.dk

(English: www.consumer.dk/index-uk.htm)

Purpose of the Consumer Ombudsman The Consumer Ombudsman ensures, with reference to the Marketing Act, that the law is observed, more specifically from the point of view of consumers.

The Consumer Ombudsman is competent to bring actions under the following Directives:

- Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising.

- Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises.

- Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit, as most recently amended by Directive 98/7/EC.

- Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC.

- Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours.

- Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.

- Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis.

- Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.

- 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.

- 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").

2. Lægemiddelstyrelsen

(Danish Medicines Agency)

Frederikssundsvej 378 DK - 2730 Brønshøj Tel. (45) 44 88 91 11 Fax (45) 44 91 73 73 E-mail: dkma@dkma.dk Website: www.dkma.dk

Purpose of the Danish Medicines Agency The task of the Danish Medicines Agency is to approve the placing on the market of medicines that are effective and safe, to help ensure that social security expenditure on medicines is in reasonable proportion to the therapeutic benefits, and to monitor the area of medicinal products and medicinal equipment.

The Danish Medicines Agency is competent to bring actions in the event of contraventions of Council Directive 92/28/EEC of 31 March 1992 on the advertising of medicinal products for human use.

GERMANY

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IRELAND

Director of Consumer Affairs 4-5 Harcourt Road Dublin 2 Ireland Tel. (353-1) 402 55 00 Fax (353-1) 402 55 01 E-mail: odca@entemp.ie Website: www.odca.ie

ITALY

1. ACU - Associazione Consumatori Utenti - Onlus Via Bazzini 4, I - 20131 Milano (MI) Tel. (39) 02 70 63 06 68 Fax (39) 02 70 63 67 77

2. Adiconsum Via G. M. Lancisi 25, I - 00161 Roma (RM) Tel. (39) 06 641 70 21 Fax (39) 06 44 17 02 30

3. ADOC - Associazione Difesa Orientamento Consumatori Via Lucullo 6, I - 00187 Roma (RM) Tel. (39) 06 482 58 49 Fax (39) 06 481 90 28

4. Centro Tutela Consumatori Utenti Onlus - Verbraucherzentrale Südtirol Via Dodiciville 11, I - 39100 Bolzano (BZ) Tel. (39) 047 197 55 97 Fax (39) 047 197 99 14

5. Cittadinanzattiva Via Flaminia 53, I - 00196 Roma (RM) Tel. (39) 06 36 71 81 Fax (39) 06 36 71 83 33

6. Codacons - Coordinamento delle associazioni per la tutela dell'ambiente e per la difesa dei diritti degli utenti e consumatori Viale Mazzini 73, I - 00195 Roma (RM) Tel. (39) 06 372 58 09 Fax (39) 06 370 17 09

7. Comitato Consumatori Altroconsumo Via Valassina 22, I - 20159 Milano (MI) Tel. (39) 02 66 89 01 Fax (39) 02 66 89 02 88

8. Confconsumatori Via Aurelio Saffi 16, I - 43100 Parma (PR) Tel. (39) 052 123 01 34 Fax (39) 052 128 52 17

9. Federconsumatori - Federazione Nazionale di Consumatori e Utenti Via Gioberti 54, I - 00185 Roma (RM) Tel. (39) 06 49 27 04 34 Fax (39) 06 49 27 04 52

10. Lega Consumatori Via Orchidee 4/A, I - 20147 Milano (MI) Tel. (39) 02 48 30 36 59 Fax (39) 02 48 30 26 11

11. Movimento Consumatori Via Carlo Maria Maggi 14, I - 20154 Milano (MI) Tel. (39) 02 33 60 30 60 Fax (39) 02 34 93 74 00

12. Movimento Difesa del Cittadino Via Adis Abeba 1, I - 00199 Roma (RM) Tel. (39) 06 86 39 92 08 Fax (39) 06 86 38 84 06

13. Unione Nazionale Consumatori Via Duilio 13, I - 00192 Roma (RM) Tel. (39) 06 326 95 31 Fax (39) 06 323 46 16

AUSTRIA

1. Wirtschaftskammer Österreich Represents and promotes the common interests of its members and of industry and trade and individual members (§ 1 of the Wirtschaftskammergesetz = Chamber of Commerce Act). Protection of the collective interests of consumers pursuant to § 28(1), § 28(a)(1) and § 29(1) of the KSchG and § 1, § 2(1) and § 14(1) of the UWG.

Wirtschaftskammer Österreich Wiedner Hauptstraße 63 A - 1045 Wien Tel. (43-1) 501 05 42 96 Fax (43-1) 50 20 62 43 E-mail: huberta.maitz-strassnig@wko.at

2. Bundesarbeitskammer Represents and promotes the social, economic, occupational and cultural interests of workers; contributes to improving the economic and social situation of workers and their families, implements measures in matters pertaining to education, culture, environmental protection, consumer protection, the organisation of leisure time, the protection and promotion of health and living conditions, the promotion of full employment; involved in the establishing of prices and competition rules; provides advice and legal protection in matters pertaining to labour law and social law, including representation. Protects the collective interests of consumers pursuant to § 28(1), § 28(a)(1) and § 29(1) of the KSchG and § 1, § 2(1) and § 14(1) of the UWG.

Bundesarbeitskammer Prinz-Eugen-Straße 20-22 A - 1040 Wien Tel. (43-1) 501 65 25 50 Fax (43-1) 501 65 25 32 E-mail: helmut.gahleitner@akwien.or.at

3. Präsidentenkonferenz der Landwirtschaftskammern Österreichs Promotes the national economic role of agriculture and forestry and represents their common interests. Protects the collective interests of consumers pursuant to § 28(1), § 28(a)(1) and § 29(1) of the KSchG and § 1, § 2(1) and § 14(1) of the UWG.

Präsidentenkonferenz der Landwirtschaftskammern Österreichs Löwenstraße 12 A - 1010 Wien Tel. (43-1) 534 41 85 00 Fax (43-1) 534 41 85 09 E-mail: pkrecht@pklwk.at

4. Österreichischer Gewerkschaftsbund Represents the social, economic and cultural interests of all gainfully employed people other than the self-employed (manual workers, white-collar workers, public servants, including apprentices or persons in a similar situation), the unemployed, even if they have not yet had the opportunity to be gainfully employed (other than in self-employment), pupils and students who intend to go into gainful employment (other than self-employment) and other occupational groups (such as freelancers or people working in private practice), provided that they can be compared, in terms of their activity, to people who are gainfully employed other than in self-employment. Protects the collective interests of consumers pursuant to § 28(1), § 28(a)(1) and § 29(1) of the KSchG and § 1, § 2(1) and § 14(1) of the UWG.

Österreichischer Gewerkschaftsbund Hohenstaufengasse 10-12 A - 1010 Wien Tel. (43-1) 53 44 44 05 Fax (43-1) 53 44 45 52 E-mail: thomas.maurer-muehlleitner@oegb.or.at

5. Verein für Konsumenteninformation Advises, informs and protects consumers with regard to misleading and unfair advertising and sales methods, and in legal matters pertaining to the purchase of goods and services. Protects the collective interests of consumers pursuant to § 28(1), § 28(a)(1) and § 29(1) of the KSchG and § 1, § 2(1) and § 14(1) of the UWG.

Verein für Konsumenteninformation Mariahilferstraße 81 A - 1010 Wien Tel. (43-1) 58 87 73 33 Fax (43-1) 588 77 75 E-mail: pkolba@vki.or.at

6. Österreichischer Landarbeiterkammertag Promotes cooperation between chambers of agricultural workers, provides advice and deals with common matters that fall within the sphere of responsibility of the chambers of agricultural workers (employees' sections). Protection of the collective interests of consumers pursuant to § 28(1), § 28(a)(1) and § 29(1) of the KSchG and § 1, § 2(1) and § 14(1) of the UWG.

Österreichischer Landarbeiterkammertag Marco d'Aviano-Gasse 1 A - 1015 Wien Tel. (43-1) 512 23 31 Fax (43-1) 512 23 31 70 E-mail: oelakt@netway.at

7. Österreichischer Seniorenrat (Bundesaltenrat Österreichs) Ensures that all economic, social and cultural facilities are accessible to the older generation in keeping with its needs, contributes to solving problems of social, old-age and health policy, and supports the provision of advice, information and care to the elderly. Protects the collective interests of consumers pursuant to § 28(1), § 28(a)(1) and § 29(1) of the KSchG and § 1, § 2(1) and § 14(1) of the UWG.

Österreichischer Seniorenrat (Bundesaltenrat Österreichs) Sperrgasse 8-10/III A - 1150 Wien Tel. (43-1) 892 34 65 Fax (43-1) 892 34 65 24 E-mail: kontakt@seniorenrat.at

8. Schutzverband gegen den unlauteren Wettbewerb Combats unfair competition, especially trade libel in economic life, protects the collective interests of consumers pursuant to § 28(1), § 28(a)(1) and § 29(1) of the KSchG and § 1, § 2(1) and § 14(1) of the UWG.

Schutzverband gegen den unlauteren Wettbewerb Schwarzenbergplatz 14 A - 1040 Wien Tel. (43-1) 514 50 32 92 Fax (43-1) 505 78 93 E-mail: office@schutzverband.at

SUOMI/FINLAND

1. Kuluttaja-asiamies

(the Consumer Ombudsman) is responsible for:

- general supervision of consumer protection in connection with marketing and conditions of contract,

- supervision of radio and television advertising to check compliance with the regulations governing ethical principles in advertising and teleshopping and the protection of minors, and to pinpoint cases where television and radio broadcasts include marketing which is unfair or misleading to the consumer.

2. Kuluttajat - Konsumenterna ry

(registered consumer organisation) monitors the effectiveness and progress of consumer protection)

3. Suomen Kuluttajaliitto

(Finnish Consumers' Association) monitors consumers' interests through independent civil action in the community and in relation to the market.

4. Kuluttajavirasto

(National Consumer Administration of Finland) supervises the provision of security in connection with package travel.

5. Rahoitustarkastus

(Financial Inspection Authority) supervises consumer credit marketing and conditions of contract, with the consumer ombudsman.

6. Lääkelaitos

(National Agency for Medicines) supervises medicine advertising.

7. Sosiaali- ja terveydenhuollon tuotevalvontakeskus

(National Product Control Agency for Welfare and Health) supervises tobacco and alcohol advertising.

8. Telehallintokeskus

(Telecommunications Administration Centre) supervises television and radio advertising, excluding:

- regulations governing ethical principles in advertising and teleshopping and the protection of minors

- alcohol and tobacco advertising.

SWEDEN

Information on national measures taken to fulfil Sweden's obligations in the European Union:

In accordance with Articles 4(2) and 5(2) of Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests, we hereby provide the following information:

Article 4(2): The Konsumentverket (National Consumer Agency) is the central managing authority for consumer questions, and is charged with looking after consumers' interests.

The National Consumer Agency and the Consumer Ombudsman are authorised to bring actions under Article 2.

Article 5(2): The rules governing prior consultation are contained in § 4 of the Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations (see Annex).

UNITED KINGDOM

1. Director General of Fair Trading (OFT) The purpose of the Office of Fair Trading is to make the markets work well for consumers. Its objectives are: (a) to help maximise consumer welfare in the long term, protecting vulnerable consumers' interests by: empowering consumers through information and redress; protecting them by preventing abuse; and promoting competitive and responsive supply; (b) to make sure that competition works well in markets for goods and services so as to make those markets more efficient and benefit consumers.

2. The Information Commissioner The Information Commissioner has a number of specific duties under the Data Protection and Freedom of Information Acts, including promoting the following of good practice and observance of the requirements of both acts including, in the case of data protection, observance of the data protection principles by data controllers; the encouragement of the production of codes of practice by others; and the dissemination of information to the public about the Acts.

3. The Civil Aviation Authority The Civil Aviation Authority has a number of specific functions under the Civil Aviation Act 1982 including furthering the reasonable interest of users of air transport services and protection against the consequences of air transport organiser failure through the licensing of provision of flight accommodation.

4. The Gas and Electricity Markets Authority The Gas and Electricity Markets Authority is responsible for regulating the gas and electricity markets in Great Britain and protecting the interests of gas and electricity customers.

5. The Director-General of Electricity Supply for Northern Ireland The Director-General of Electricity Supply for Northern Ireland is responsible for regulating the gas and electricity markets in Northern Ireland and protecting the interests of gas and electricity customers.

6. The Director-General of Telecommunications The Director-General for Telecommunications is the regulator for the UK telecommunications industry whose responsibilities include promoting the interests of consumers, purchasers and other users of telecommunication services provided and telecommunications apparatus supplied.

7. The Director-General of Water Services The Director-General of Water Services is the economic regulator of the privatised water industry in England and Wales. His responsibilities include protecting the interests of the consumers with regard to pricing and standards of service and adjudicating certain disputes between appointed companies and their customers.

8. The Rail Regulator The Rail Regulator is responsible for the regulation of the railways in Great Britain. The Regulator's responsibilities include protecting the interests of users of railway services.

9. Every weights and measures authority in Great Britain Weights and measures authorities are part of local government in Great Britain. They enforce the law and regulations governing the sale and supply of goods and services and provide advice services for consumers and business.

10. The Department of Enterprise, Trade and Investment in Northern Ireland The Department of Enterprise, Trade and Investment in Northern Ireland enforces the law and regulations governing the sale and supply of goods and services in Northern Ireland, and provide advice for consumers and business.

ANNEX

Act (2000:1175) on access to justice for certain foreign consumer authorities and consumer organisations promulgated on 7 December 2000

Pursuant to the decision of the Swedish Parliament(1) the following provisions are laid down(2).

Scope

§ 1 This Act applies to infringements of provisions implementing the Directives listed in an Annex to Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests.

However, the Act applies only to those infringements of provisions aimed at protecting consumers' interests that affect consumers in countries of the EEA (European Economic Area) other than Sweden.

Bringing of actions before Swedish courts by qualified entities

§ 2 An authority or organisation in an EEA country other than Sweden may bring an action in a Swedish court on the grounds of an infringement as referred to in § 1 if it is a qualified entity included in a special list drawn up by the European Union and published in the Official Journal of the European Communities.

§ 3 The action must be for measures to be taken against someone for failure to comply with a provision as provided for in § 1. The measures sought must be:

1. a prohibition or injunction pursuant to §§ 14-16, § 17(1) and §§ 8-20 of the Swedish Marketing Act (1995:450), or a prohibition pursuant to §§ 3 and 6 of the Swedish Consumer Contracts Act (1994:1512);

2. an injunction to pay the Swedish State a special fee as provided for in Chapter 10, §§ 5 and 6, of the Radio and Television Act (1996:844); or

3. imposition of a fine prescribed in those cases referred to in 1. Act (2001:401).

§ 4 An action may be brought only if:

1. the applicant has tried, through consultation, to make the other party cease the alleged infringement; and

2. the alleged infringement has still not ceased two weeks after the other party has received the request for consultation.

Competent court

§ 5 The action shall be brought before:

1. the Market Court (Marknadsdomstolen) in cases seeking a prohibition or injunction as provided for in the Marketing Act (1995:450), and in cases seeking a prohibition pursuant to the Swedish Consumer Contracts Act (1994:1512);

2. the Stockholm County Administrative Court (Länsrätten) in cases seeking special fees as provided for in the Radio and Television Act (1996:844);

3. the competent district court (tingsrätten) in accordance with Chapter 10 of the Code of Judicial Procedure (Rättegångsbalken), or the Stockholm city court, in cases seeking imposition of a fine. Act (2001:401).

(1) Prop 2000/01:34, bet. 2000/01:LU3, rskr 2000/01:84.

(2) See Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests (OJ L 166, 11.6.1998, p. 51, Celex 31998L0027).