CONSUMER   AFF AIRS               [CAP. 378.       1
CHAPTER 378
CONSUMER AFFAIRS ACT
To provide for the powers of the Director General (Consumer Affairs), for the establishment
and functions of a Consumer Affairs Council and for the establishment and jurisdiction of theConsumer Claims Tribunal and for other matters ancillary or consequent thereto.
23rd January, 1996
 ACT XXVIII of 1994  as amended by Acts V of 1995 , XIX of 1996 , XXVI of 2000 , VI
of 2001  and XV of 2006 ; Legal Notice 425 of 2007 ; Acts II of 2008 , XIV of 2009 , and
VI and IX of 2011; Legal Notice 426 of 2012 ; and Acts  VI of 2014 , XXX of 2015  and
XXX of 2016    XVI of 2019 and XXI of 2020 .
ARRANGEMENT OF ACT
Articles
PART I Preliminary 1 - 2PART II Director General (Consumer Affairs) and the Consumer
Affairs Council  3 - 15
PART III Consumer Claims Tribunal 16 - 27PART IV Consumer associations 28 - 42PART V Declaration of principles 43PART VI Consumer Alternative Dispute Resolution 43A - 43GPART VII Unfair contract terms 44 -47CPART VIII Unfair commercial practices and illicit schemes
Title I - Unfair commercial practices 48 - 51JTitle II - Illicit schemes 52 - 55A
PART IX Liability for defective products 56 - 71APART X Sale of Goods to consumers 72 - 93PART XI Compliance orders 94 - 101PART XII Enforcement 102 - 110PART XIII Miscellaneous 111First Schedule Commercial practices which are ipso jure  unfair
Second Schedule Administrative fines
Third Schedule Public entities
 2        CAP. 378. ]                          CONSUMER   AFF AIRS  
PART I
Preliminary
Short title. 1. The short title of this Act is the Consumer Affairs Act.
Interpretation.
Amended by:
V . 1995.20;XXVI. 2000.2;XV . 2006.3;II. 2008.5, 6;VI. 2011.75;XXX. 2015.2;XXX. 2016.2;XVI.2019.6.2. In this Act, unless the context otherwise requires -
"ADR" means alternative dispute resolution;"advertisement" means any form of representation, including a
catalogue, a circular and a price list, about a trade, business , craft
or profession in order to promote the supply or transfer of goo ds or
services, immovable property, rights or obligations and"advertising" shall be construed accordingly;
Cap. 510."the Authority" means the Malta Competition and Consumer
Affairs Authority as established by article 3 of the Malta
Competition and Consumer Affairs Authority Act;
Cap. 510."the Board" means the Board of Governors as established by
article 8 of the Malta Competition and Consumer Affairs Authority
Act;
S.L. 12.19."Civil Court" means the Civil Court (Commercial Section)
established by article 3 of the Civil Courts (Establishment of
Sections) Order ;
"consumer" means -
(i) any individual who in transactions and other
matters covered by this Act or any regulationsmade thereunder, is acting for purposes whichare not related to his trade, business, craft orprofession; and 
(ii) any other individual not being the immediate
purchaser or beneficiary, and whether or not amember of the consumer’s household, whohaving been expressly or tacitly authorised orpermitted by the consumer, may have consumed,used or benefited from any goods or servicesprovided to the consumer by a trader acting inthe course of a trade, business, craft orprofession, including goods or services providedas part of gift schemes and similar or analogousinducements; and
(iii) any other class or category of persons whether
natural or legal as may, from time to time, bedesignated as "consumers" for all or for any ofthe purposes of this Act by regulations made bythe Minister after consulting the Council:
Provided that for the purposes of T itle I of Part VIII of this
Act, the definition of "consumer" shall only consist of paragra ph (i)
above;
"consumer association" means a voluntary body of persons
whose principal objective is the promotion of consumer protecti on
or education;
                        CONSUMER   AFF AIRS               [CAP. 378.       3
"Consumer Protection Co-operation Regulation" means
Regulation (EC) No 2006/2004 of the European Parliament and of
the Council of 27 October 2004 on co-operation between nationalauthorities responsible for the enforcement of consumer protect ion
laws (text with EEA relevance);
"Council" means the Consumer Affairs Council established
under Part II of this Act;
Cap. 510."the Director General" means the Director General (Consumer
Affairs) as appointed by article 16 of the Malta Competition and
Consumer Affairs Authority Act;
"goods" include any movable property, whether tangible or
intangible, that may form the object of trade, including animal s and
fish of whatever species whether living or dead;
Cap. 330."Malta Financial Services Authority" means the Authority
established under the Malta Financial Services Authority Act;
"Member State" means a State which is a contracting party to th e
agreement on the European Economic Area signed at Oporto on the2nd May, 1992 as amended by the Protocol signed at Brussels onthe 17th March, 1993 and as amended by any subsequent acts;
"Minister" means the Minister responsible for consumer affairs;"Mortgage Credit Directive" means Directive 2014/17/EU of the
European Parliament and of the Council of 4 February 2014 oncredit agreements for consumers relating to residential immovab le
property and amending Directives 2008/48/EC and 2013/36/EU andRegulation (EU) No. 1093/2010, as may be amended from time totime, and includes any implementing measures, implementingtechnical standards, regulatory technical standards, guidelines  and
similar measures that have been or may be issued thereunder;
Cap. 510."the Office" means the Office for Consumer Affairs as
established under article 16(1) of the Malta Competition and
Consumer Affairs Authority Act;
Cap. 380."ordinary court" for the purposes of Part III of this Act inclu des
the Small Claims Tribunal established under the Small Claims
Tribunal Act;
Cap. 217."permanent resident" means a person in whose favour a permit of
residence has been issued in accordance with article 7 of the
Immigration Act;
"premises" means any place from where any trade or business is
carried out including any stall or vehicle;
Cap. 510."public authority" shall have the same meaning assigned to it i n
article 2 of the Malta Competition and Consumer Affairs Authority
Act;
"qualified entity" means -
(a) a registered consumer association,
(b) an independent public body, having a legitimate
interest in ensuring the protection of the collectiveinterests of consumers in Malta or in any other
 4        CAP. 378. ]                          CONSUMER   AFF AIRS  
Member State in which such bodies exist,
(c) a voluntary organisation in Malta as the Minister may,
after consulting the Council, designate by notice in theGazette,
(d) a voluntary organisation in any other Member State
whose purpose is to protect the interests referred to inparagraph ( b) of this definition in accordance with the
criteria laid down by their national law,
(e) any qualified entity from a Member State included in
the list of qualified entities as published in the Official
Journal of the European Union;
"registered consumer association" means a consumer association
registered in accordance with Part IV of this Act;
"sales contract" means any contract under which the trader
transfers or undertakes to transfer the ownership of goods to t he
consumer and the consumer pays or undertakes to pay the pricethereof, including any contract having as its object both goods  and
services;
"services" includes the provision, in the course of or in
furtherance of a trade, business, craft or profession, of any k ind of
educational, professional or instruction courses, facilities fo r
entertainment, amusement, recreation, sports and culturalactivities, beauty, health and nutrition-related programmes, ho spital
and nursing services, accommodation and analogous facilities, o f
any description, and the performance, in furtherance of a trade ,
business, craft or profession of any other type of work or acti on in
return for a fee or reward;
"services contract" means any contract other than a sales contr act
under which the trader supplies or undertakes to supply a servi ce to
the consumer and the consumer pays or undertakes to pay the pri ce
thereof;
"trader" means -
(i) any person, including any body corporate or
incorporate who in relation to any transactionsor other matters covered by this Act orregulations made thereunder is acting forpurposes relating to his trade, business, craft orprofession;
(ii) any public body, whether corporate or
unincorporate, which provides goods or servicesto consumers for a fee;
Cap. 13. (iii) any person to whom article 4 of the Commercial
Code  applies:
Provided that the Minister after consulting the Council may
from time to time by Order published in the Gazette, designate as a
"trader" for all or any purposes of this Act, any category or c lass of
persons and any body corporate or incorporate whether establish ed
by law or not. Any Order made by the Minister as aforesaid may by
like Order be amended, substituted or revoked;
                        CONSUMER   AFF AIRS               [CAP. 378.       5
"terms" includes any condition or requirements in any contract,
notice, guarantee or other statement, whether these are givenverbally or in writing;
"Tribunal" means a Consumer Claims Tribunal set up under Part
III of this Act.
PART II
Amended by:
VI. 2011.76,Director General (Consumer Affairs) and
 the Consumer Affairs Council
Responsibility of 
the Director General and competences of the Civil Court.
Cap. 510
.
Amended by:
XV . 2006.4;II. 2008.5.Substituted by:VI. 2011.77;XVI.2019.8.3. The Director General shall be responsible for the
administration of this Act and investigations according to this  Act, and
for these purposes the Director General shall exercise theresponsibilities vested in the Office for Consumer Affairs by a rticle 17
of the 
Malta Competition and Consumer Affairs Authority Act and
by this Act except where competences are assigned to the Civil Court
by this Act and by the Malta Competition and Consumer Affairs
Authority Act:
Provided that the Director General may delegate any of his
functions and powers to any officer or employee of the Authorit y.
Consumer Affairs 
Council.
Amended by:
XXVI. 2000.3;II. 2008.7;VI. 2011.75, 78;VI. 2014.2. 4.(1) There shall be established a Council to be designated
"the Consumer Affairs Council" having the functions and duties set
out in this Act. The Council shall consist of a chairman and fi ve
other members, one of whom shall be appointed as deputychairman.
(2) The Minister shall appoint:
(a) the chairman and four other members from among
persons who, because of their experience,qualifications or activities, the Minister considers asbeing able to contribute towards the promotion ofconsumer interests; and
(b) one member who, because of his experience,
qualifications or activities, the Minister considers asbeing able to state the point of view of traders.
 (3) One of the members, other than the chairman, mentioned in
subarticle (2)( a) shall be appointed after consultation with those
consumer associations, if any, registered under Part IV of this  Act
and the member mentioned in paragraph ( b) of the same subarticle
shall be appointed after consultation with those constituted bo dies
which the Minister considers to represent the interests of trad ers.
 (4) The appointed members shall hold office for such term, not
being more than three years, as may be specified in their lette r of
appointment and shall be eligible for re-appointment.
 (5) Where the seat of any appointed member is vacated before
the expiration of the term fixed in his letter of appointment, the
Minister shall appoint another person to replace such member fo r
such term, not being a term of more than three years, as theMinister may determine in his letter of appointment.
 6        CAP. 378. ]                          CONSUMER   AFF AIRS  
 (6) The deputy chairman shall act instead of the chairman
whenever the chairman is lawfully impeded or is absent from ameeting of the Council.
 (7) A person shall not be eligible to be appointed a member of
the Council, or to continue to be a member of the Council if su ch
person -
(a) is a member of the House of Representatives; or
(b) is legally incapacitated or interdicted; or
(c) has been declared bankrupt or has made a composition
with his creditors; or
(d) has been convicted of, or found guilty of -
(i) any crime affecting public trust; or
(ii) theft; or
(iii) fraud; or(iv) knowingly receiving property obtained by theft
or fraud; or
Cap. 37.
Cap. 454.(v) any offence or infringement contemplated in this
Act, regulations made thereunder, the Customs
Ordinance  and the Metrology Act, or any law
repealed by any of the said Acts or Ordinancesor any law replacing the same.
(8) Notwithstanding any other provision of this article the
Minister may at any time terminate the appointment of anappointed member, if in his opinion such appointed member is un fit
to continue in office or has become incapable of properlyperforming his functions.
 (9) The Minister shall appoint an officer serving in the public
service to act as non-voting secretary of the Council.
Functions of the 
Council.Substituted by:VI. 2011.79.5. It shall be the function of the Council:
(a) to advise the Minister on measures for the promotion
and protection of consumer interests;
(b) at the request of the Minister, to undertake or
commission any study or research which may benecessary to promote consumer protection;
(c) to monitor the working and enforcement of laws that
directly or indirectly affect the consumer in Malta;
(d) to act as a forum for bringing together those public
authorities which in the exercise of their functions dealwith situations of conflict between traders' andconsumers’ interests or have the responsibility tosafeguard the interests of consumers, with a view toestablishing a closer relationship of co-operationamong the said public authorities in furthering thewelfare of consumers;
(e) to monitor the development of consumer associations
in Malta, and to draw up and review rules of practicefor registered consumer associations for submission to
                        CONSUMER   AFF AIRS               [CAP. 378.       7
the Minister;
(f) to examine and determine whether a consumer
association has the requirements to be a registeredconsumer association in accordance with this Act; and
(g) to perform any other function or duty that may be
assigned to it by the Minister or that may be assignedto the Council under this or any other law.
Conduct of 
business of Council.6.(1) Subject to the provisions of this Act, the Council shall
regulate its own procedure.
 (2) The Council shall meet as often as necessary but in no case
less frequently than once every calendar month. Meetings shall be
convened by the chairman or in his absence the deputy chairman,either on his own initiative, or at the request of three othermembers of the Council.
 (3) A quorum at a meeting of the Council shall be constituted
by the chairman, or in his absence the deputy chairman, and thr ee
other members.
 (4) Decisions of the Council shall be taken by majority of vote s
of the members present and voting, the chairman shall have anoriginal vote and in the event of equality of votes a second orcasting vote.
(5) The Council may act notwithstanding any vacancy among
its members.
(6) Any member of the Council who in any matter before the
Council has any interest in conflict with his office as member of the
Council shall disclose the nature of his interest and withdraw from
any meeting of the Council during which the matter is discussed .
Any such disclosure shall be recorded in the minutes.
Power to make 
regulations.Substituted by:XXVI. 2000.4.
Amended by:
L.N. 425 of 2007;II. 2008.8;VI. 2011.75, 80;XXX. 2015.3;XXX. 2016.3;XVI.2019.9.7.(1) The Minister may, after consulting the Council, make
regulations about any matter relating to consumer affairs in or der to
give fuller effect to the provisions of this Act, and in partic ular, but
without prejudice to the generality of the aforesaid, may presc ribe
regulations -
(a) in relation to any aspect concerning the provision of
any service, or the sale or hire of any goods offered orsupplied to consumers; establishing minimum servicestandards and price indication requirements withregard to any such goods or services, and laying downany other requirements in order to improve pricetransparency and consumer information, and topromote easier comparison between different goods orservices offered to consumers;
(b) establishing rules of practice for registered consumer
associations;
(c) regulating advertising and similar practices in order to
ensure that advertising and similar practices are fairand that they do not take undue advantage ofconsumers;
 8        CAP. 378. ]                          CONSUMER   AFF AIRS  
(d) regulating trading stamps schemes, gift schemes,
special offers, sale promotional activities and othersimilar schemes, arrangements and activities, bywhatever name described or designated, connectedwith, ancillary or related to the provision of anyservice or the sale or hire of any goods to consumersand other consumer transactions, including schemesinvolving the use and promotion of coupons, units,tokens, vouchers, points, stamps or any other form ofreward, gift, membership, incentive, inducement orother benefit, whether in cash or in kind, and whetherexchangeable, redeemable or otherwise, issued to ordistributed to consumers in connection with, whetherdirectly or indirectly, the purchase or hire of goods orservices or other consumer transactions;
(e) to regulate distance selling arrangements and the
conclusion of agreements where the consumer and thetrader are at a distance from each other, and for thispurpose to set out the procedure for concludingdistance selling agreements, to provide for theinclusion or exclusion of particular terms andconditions, to establish a cooling-off period forconsumers, to lay down thresholds and exemptions,and to establish minimum consumer rights, and tointroduce measures to make offers for such agreementsmore transparent and informative, and to regulate anyother aspect of distance selling;
(f) to regulate consumer credit offers and the conclusion
of agreements for the provision of credit terms andfacilities by traders or other persons to consumers inthe course of a trade, business, craft or profession inrelation, directly or indirectly, to the sale or offer ofgoods, immovable property or services, to lay downthe form and procedure for making consumer creditagreements, to stipulate and regulate the terms andconditions that may or may not be adopted in suchagreements, to lay down thresholds and exemptions,the method of calculating the cost of credit,advertising, and other measures considered necessaryor appropriate to establish minimum rights for debtorsand to make credit offers more transparent andinformative, and to regulate any other aspect ofconsumer credit arrangements; and
(g) to provide for any matters that may be required for the
purpose of complying with any internationalobligations of Malta related to consumer affairs, inparticular for the purpose of complying with anyrequirements however so described of the EuropeanUnion.
(1A) The Minister, acting on the advice of the Malta Financial
Services Authority and the Council, may make regulations for th e
following purposes:
                        CONSUMER   AFF AIRS               [CAP. 378.       9
(a) to transpose, implement and, or give effect to the
requirements of the Mortgage Credit Directive, andmay for such purpose introduce provisions that aremore stringent than the said Directive in order toprotect consumers, provided that such provisions aremade in accordance with European Union law, andprovided further that such provisions shall not divergefrom those laid down in Article 14(2) and Annex IIPart A of the said Directive, with regard to standardpre-contractual information through a EuropeanStandardised Information Sheet (ESIS), and Article17(1) to (5), (7) and (8) and Annex I of the Directivewith regard to a common, consistent European Unionstandard for the calculation of the annual percentagerate of charge (APRC);
(b) to provide for powers and functions of the Malta
Financial Services Authority in relation to any personor matter regulated by the Mortgage Credit Directive;
(c) to enable the Malta Financial Services Authority to
impose any application, annual and other fees payablein respect of an admission of a credit intermediary, andto levy charges in respect of any request or othermatter that may be submitted to the Malta FinancialServices Authority, including the fees and charges inrespect of any permission, exemption or other benefit,as well as fees and charges in respect of the regulatory,supervisory or investigative functions of the MaltaFinancial Services Authority;
(d) to enable the Malta Financial Services Authority to
make, amend or revoke Credit Intermediaries Rules forthe better carrying out of, and to better implement, theprovisions of the regulations transposing and, orimplementing the Mortgage Credit Directive, and forthe purpose of implementing any guidelines,recommendations and decisions issued by theEuropean Banking Authority in terms of Regulation(EU) No. 1093/2010 of the European Parliament andof the Council of 24 November 2010 establishing aEuropean Supervisory Authority (European Banking
Authority);
(e) generally to provide for any other matter ancillary or
connected with the above.
(2) Regulations made under this article may also provide for
the assignment of power and authority to the Director General t o
control, monitor, keep under review or prohibit any scheme,agreement, activity or arrangement, including the power toauthorise, require a licence, suspend, restrict and to order th e
amendment, prohibition, suspension, withdrawal or cancellation of
any particular scheme, agreement, activity or arrangement, or o f a
particular class or category thereof, and to impose any conditi ons
and requirements in connection therewith:
 10        CAP. 378. ]                          CONSUMER   AFF AIRS  
Provided that this is without prejudice to the competences
assigned to the Civil Court by this Act.
(3) Regulations made under this article may provide that any
person who contravenes any provision of the regulations, shalleither -
(a) be guilty of an offence punishable on conviction by a
fine ( multa ) not exceeding forty-seven thousand euro
(€47,000), or
(b) be guilty of an infringement punishable by an penalty
not exceeding forty-seven thousand euro (€47,000),
and in any case, different penalties may be prescribed for diff erent
offences and infringements.
Power to issue 
guidelines.
Added by:
II. 2008.9.
Amended by:
VI. 2011.75.7A. The Director General may from time to time, after
consultation with the Consumer Affairs Council, issue guideline s to
provide general guidance on the interpretation of the provision s of
this Act.
Public warning 
statements.
Amended by:
XXVI. 2000.5;VI. 2011.75, 81.8.(1) The Director General may make or issue a public
statement identifying and giving warnings or information about any
of the following:
(a) goods that are unsatisfactory or dangerous and persons
who supply those goods;
(b) services supplied in an unsatisfactory manner and
persons who supply those services;
(c) trading practices detrimental to the interests of
consumers and persons who engage in such practices;and
(d) any other matter that adversely affects or may
adversely affect the interests of consumers inconnection with the acquisition by them of goods orservices from traders.
 (2) When making a statement as is referred to in subarticle (1) ,
the Director General shall adhere to the principles of fairness  and
objectivity.
(3) The Government, the Director General and any public
officer acting on the instructions or authority of the Director
General, shall be exempt from any liability for acts done in go od
faith in pursuance of this article by the Director General or a ny
public officer as aforesaid. Such exemption shall extend to allpersons publishing, printing, recording, broadcasting orcommunicating such information by any means whatsoever.
Name of Council 
or Office not to be used in advertisement.
Amended by:
XXVI. 2000.6;L.N. 425 of 2007;VI. 2011.75, 82.9.(1) Without prejudice to any arrangements made in terms
of article 9A, a trader shall not, without the written consent of the
Director General, make or cause to be made any representation i n
any visual or aural form, either specifically or by implication , to
the effect that:
(a) any goods or services supplied by any trader have the
                        CONSUMER   AFF AIRS               [CAP. 378.       11
approval of the Authority, Office or Council; or
(b) any activity carried out by any trader has the approval,
or is conducted with the co-operation or assistance ofthe Authority, Office or Council.
(2) Where a trader’s name, tradename, trademark, or the
designation of any goods or services provided or supplied by atrader, appears in relation to a representation referred to insubarticle (1), that trader shall be deemed for the purposes of  this
article to have caused the representation to be made unless heproves that the representation was made without his knowledge o r
connivance.
 (3) A trader convicted under this article shall be liable to a fine
(multa)  of not less than one hundred and twenty euro (€120) and
not more than two thousand three hundred and fifty euro (€2,350 ).
Approval of codes 
of conduct by the Director General and use of official symbol.
Added by:
VI. 2011.83.9A. (1) In promoting good trading practices, the Director
General shall, with the approval of the Board, make arrangement s
for approving codes of conduct and may, in accordance with thes e
arrangements, give his approval to or withdraw his approval fro m
any code of conduct.
(2) Any such arrangements must specify the criteria to be
applied by the Director General in determining whether to giveapproval to or withdraw approval from a code of conduct.
(3) Any such arrangements may in particular:
(a) specify the type of code of conduct that may be the
subject of an application to the Director General forapproval indicating the requisite features of the codeof conduct, including the persons who are, or are to besubject to the code of conduct, the manner in which itis, or is to be operated and the persons responsible forits operation; and
(b) provide for the use in accordance with the
arrangements of an official symbol intended to signifythat a code of conduct is approved by the DirectorGeneral.
(4) The Director General shall publish any arrangements under
subarticle (1) in such manner as he considers appropriate.
(5) For the purposes of this article "code of conduct" shall hav e
the same meaning assigned to it in article 51A.
Liability of trader 
for acts of his employees, etc.
Amended by:
II. 2008.10.10. (1) Where an offence or an infringement under this Act or
any regulation made thereunder is committed by an employee orother person acting on behalf of a trader, the trader shall als o be
guilty of the offence or the infringement committed by theemployee or other person acting on his behalf unless he can pro ve
that he has exercised all reasonable diligence to prevent thecommission of the offence or the infringement by the employee o r
other person acting on behalf of the trader.
(2) Where an offence or an infringement of any provision of
this Act or any regulation made thereunder is committed by a bo dy
 12        CAP. 378. ]                          CONSUMER   AFF AIRS  
corporate and is proved to have been committed with the consent  or
involvement of or to be attributable to any gross negligence on  the
part of a person being a director, manager, secretary or other officer
however so described of the body corporate or a person who waspurporting to act in any such capacity, that person, as well as  the
body corporate, shall be liable to be proceeded against andpunished as if he was responsible for the said offence orinfringement.
Confidentiality.
Amended by: 
L.N. 425 of 2007;VI. 2011.75, 84.11. (1) A person who is or was at any time a member of the
Council shall not, save in the course of his duty or functions under
this Act or any other law, or where it is competent to him to d o so
by reason of a provision of this Act or any other law, directly  or
indirectly communicate any information that came to hisknowledge as a consequence of his holding that appointment orposition.
(2) Without prejudice to any other liability under any other law ,
any person who acts in breach of this article shall be liable o n
conviction to a fine ( multa)  of not less than one hundred and twenty
euro (€120) and not more than two thousand and three hundred fi fty
euro (€2,350), or to a term of imprisonment not exceeding sixmonths, or to both such fine and imprisonment.
Investigations.
Amended by:
XXVI. 2000.7;XV . 2006.5;L.N. 425 of 2007.II. 2008.11;VI. 2011.75, 85 ;
VI. 2014.3.Substituted by:XVI.2019.10.Cap. 317.12. (1) In order to ensure the observance of the provisions of
this Act and any regulations made thereunder, the Director Gene ral
shall have the power to carry out investigations of his own mot ion or
upon a reasonable allegation in writing, also from a qualified entity, of
an infringement of the provisions of this Act and any regulatio ns made
thereunder.
(2) Upon commencing investigations concerning an alleged
infringement of this Act or of any regulations made thereunder,  the
Director General shall notify in writing the person concerned t hat an
investigation has commenced, informing the person concerned of the
nature of the alleged infringement.
(3) The person concerned shall present his submissions to the
Director General within twenty days from the notification of th e
commencement of investigations.
(4) During the investigations, the Director General, to dischar ge
his functions under this Part, may also adopt the power of entr y of
inspection and the power to request and obtain information acco rding
to articles 103 and 104, and the provisions of article 105 shal l also
apply accordingly.
(5) Where, upon the conclusion of an investigation, it appears
prima facie to the Director General, that an infringement of a provision
of this Act or of any regulations made thereunder has occurred,  the
Director General shall institute judicial proceedings against t he person
concerned before the Civil Court by means of a sworn applicatio n:
                        CONSUMER   AFF AIRS               [CAP. 378.       13
Provided that the Director General may, instead of
proceeding judicially, in those instances referred to in articl e 12A, seek
an undertaking from the trader in terms of the said article 12A .
Undertakings.
Added by:
II. 2008.12.
Amended by:
VI. 2011.75.Substituted by:XVI.2019.11.12A.  (1)  Upon the conclusion of an investigation according to
article 12(5), where it appears prima facie  to the Director General,
that a trader has engaged in conduct that constitutes aninfringement of, or a failure to comply with, any regulations m ade
under article 7 or under the provisions of article 9, or aninfringement or a failure to comply with the provisions of arti cles
44 to 47 and 51A to 51E, the Director General may, at hisdiscretion, instead of instituting judicial proceedings before the
Civil Court against the trader according to article 12(5), caut ion the
trader and seek an undertaking in writing from the trader that he
shall refrain from the conduct or practice specified in theundertaking for such period not exceeding three years, or for a ny
longer period that the Director General may establish. 
(2) The undertaking shall contain such other terms and
conditions as may be agreed, including, where the circumstances  so
warrant, the provision of compensation for aggrieved consumers,  and,
or the restitution of any money or property given by the consum ers.
(3) Where the Director General deems it appropriate, he may
publish the said undertaking in at least two daily newspapers, and the
publication expenses shall be borne by the trader.
(4) The Director General shall maintain a register of
undertakings made under this article, which register shall be k ept at
the principal office of the Office and the register may be seen  by any
person at such times as may be established by the Director Gene ral.
(5) Where in the opinion of the Director General a trader has
not abided by the undertaking, the Director General shall file a sworn
application before the Civil Court requesting that Civil Court to find
the trader liable of having infringed the undertaking, and to i mpose a
penalty according to article 106A:
Provided that the trader shall in any case remain bound by the
undertaking for the remaining period.
Complaints 
of general interest.
Added by:
VI. 2011.86.
Amended by:
XVI.2019.12.12B. (1) Without prejudice to article 12, a qualified entity may
also make a complaint to the Director General that with respect  to
goods and services -
(a) the structure of the market concerned or any aspect of
that structure;
(b) any conduct, whether or not in the market concerned,
of one or more than one person who supplies oracquires goods or services in the market concerned; or
(c) any conduct relating to the market concerned of
customers of any person who supplies or acquiresgoods or services,
 14        CAP. 378. ]                          CONSUMER   AFF AIRS  
is or appears to be significantly harming the interests of cons umers.
(2) The Director General shall, within forty-five days after the  day
on which he receives the complaint, publish a response stating how he
proposes to deal with the complaint, and in particular whether an
investigation will be initiated.".Addition of new Part IIA and new
articles to the principal Act.
(3) The response must state the reasons of the Director General
for his proposals.
(4) The Director General -
(a) shall issue guidance as to the presentation by the
qualified entity of a reasoned case for the complaint;and
(b) may issue such other guidance as appears appropriate
for the purposes of this article.
PART IIA
Judicial proceedings before the Civil Court 
and the Court of Appeal
Written pleadings.
Added by:
XVI.2019.13.12C.  (1) The sworn application referred to in article 12(5)
shall: 
(a) provide the facts that have brought the Director
General to conclude that prima facie  there is an infringement of
the provisions of this Act and of the regulations madethereunder;
(b) include the request of the Director General for a
declaration of the Civil Court that the person concerned, again st
whom the judicial proceedings are instituted, has infringed theprovisions of this Act and of the regulations made thereunderand is liable for such infringement; and
(c) contain a request by the Director General to the
Civil Court for: 
(i) the imposition of a penalty on the
defendant according to article 106A for eachinfringement, and, or 
(ii) the issue of a compliance order with regard
to the defendant, and, or 
(iii) any other remedy as contemplated in this
Act, and, or
(iv) any other relevant order that may be
necessary according to the circumstances of the case:
                        CONSUMER   AFF AIRS               [CAP. 378.       15
Cap. 12.Provided that the provisions of article 156 of the Code of
Organization and Civil Procedure  shall, where applicable, also apply
to the sworn application.
(2) The sworn application shall also be notified to any qualifi ed
entity that had alleged the infringement according to article 1 2(1). 
Cap. 12.(3) The person concerned shall, within twenty days from the
notification to him of the sworn application, file a sworn repl y, and the
provisions of article 158 of the Code of Organization and Civil
Procedure  shall, mutatis mutandis,  apply in this case.
Specific powers of 
the Civil Court.
Added by:
XVI.2019.13.12D.  In judicial proceedings, instituted by the Director General
following investigations of commercial practices as defined in article
51A that appear to be unfair in terms of the provisions of Part  VIII, the
Civil Court may, immediately after the conclusion of the writte n
pleadings:
(a) require the defendant to furnish evidence as to the
accuracy of factual claims in relation to a commercial practiceif, taking into account the legitimate interest of the defendan t
and any other party to the proceedings, such a requirementappears appropriate on the basis of the circumstances of theparticular case; and
(b) consider factual claims as inaccurate if the
evidence demanded in accordance with paragraph (a) of thisarticle, is not furnished or is deemed insufficient by the Civi l
Court.
Interim measures.
Added by:
XVI.2019.13.12E.   (1) In cases of urgency due to the risk of immediate and
serious harm to the collective interests of consumers, the Dire ctor
General, may at any stage prior to the conclusion of an investi gation
initiated according to article 12, file an application before t he Civil
Court requesting that interim measures are issued for such peri od of
time to be established by the Civil Court, so that the person c oncerned
remedies the situation.
(2) The sworn application shall be served on the person
concerned, who shall within eight days from the notification th ereof,
file his reply to propose any remedies or to contest the reques t for
interim measures providing the reasons thereto.
(3) The Civil Court shall decide the application with urgency
either in camera  or after hearing the advocates of the parties, if it
deems fit, provided that not more than one sitting may be fixed  for
such purpose.
(4) The decree of the Civil Court ordering the issue of interim
measures shall be enforceable upon its delivery, shall remain i n force
for the period of time established by the Civil Court, and no a ppeal
 16        CAP. 378. ]                          CONSUMER   AFF AIRS  
shall lie from the decree:
Provided that nothing precludes the Court from revoking
any interim measures, from renewing the same interim measures f or
further periods or from modifying  the said interim measures in so far
as this is necessary and appropriate, according to the circumst ances of
the case, upon an application of the Director General or by the  person
concerned.
(5) Any person who infringes the decree ordering the interim
measures shall be liable to a penalty according to article 106A .
Order by the Civil 
Court.
Added by:
XVI.2019.13.12F. Where the Civil Court delivers a judgement finding an
infringement of this Act or of any regulations made thereunder,  the
Civil Court may, without prejudice to the provisions of article  106A
and to any other remedy provided for under this Act, order therestitution of any money or property given by the consumer.
Compliance 
orders.
Added by:
XVI.2019.13.12G.   (1) Without prejudice to the provisions of article 106A
and of sub-article (8), whether or not at the request of the Di rector
General, or of a qualified entity, the Civil Court may, at its discretion,
where it deems it reasonably appropriate or necessary in the pu blic
interest, in its judgement finding the defendant liable of infr inging the
provisions of this Act or of the regulations made thereunder, i ssue a
compliance order:
(a) on the defendant, requiring:-
(i) the deletion or alteration of terms in a
consumer contract that the Civil Court considers to beunfair to consumers in accordance with the provisions of
Part VII of this Act; and
(ii) the incorporation of terms in a consumer
contract that the Civil Court considers to be necessaryfor the better information of consumers, or forpreventing a significant imbalance between the rightsand obligations of the parties, and this to the benefit ofconsumers;
(b) requiring the defendant engaging or proposing to
engage in any unfair commercial practice, to discontinue orrefrain from such practice, and, or to take any measuresspecified in the compliance order, including the making of acorrective statement, within the time specified therein to ensu re
that the provisions of Part VIII of this Act are complied with;
(c) requiring the defendant to take any measures
specified in the compliance order, including the making of acorrective statement, within the time specified in thecompliance order to ensure that this Act and any regulations
                        CONSUMER   AFF AIRS               [CAP. 378.       17
made thereunder or any law dealing with consumer rights and
protection as may be designated by Order in the Gazette by theMinister acting after consulting the Council, are complied with ;
and
(d) requiring the defendant to cease and desist from
committing an offence or an infringement of this Act or of anyregulations made thereunder or of any other law dealing withconsumer rights and protection as may be designated by Orderin the Gazette by the Minister after consulting the Council.
(2) The qualified entity requesting a compliance
order in terms of sub-article (1): 
(i) shall file a sworn application, that is to be
notified to all the parties to the judicial proceedings;
(ii) shall satisfy the Civil Court that the
qualified entity has tried to achieve the cessation of theinfringement in consultation with either the defendant orboth the defendant and another qualified entity and thatcessation was not achieved within two weeks from therequest for cessation; and
(iii) shall not be required to have or to prove an
interest in, or to be affected by, the matter or act in issue.
(3) Where the qualified entity is from another Member State,
the Civil Court shall treat the list of qualified entities publ ished by the
European Commission as conclusive proof of the legal capacity o f the
qualified entity to present such written application in Malta:
Cap. 12.Provided that, as far as applicable, the provisions of article
180 of the Code of Organization and Civil Procedure, shall, mutatis
mutandis, apply.
(4) Where the qualified entity is from Malta, and such entity i s
not included in the list of qualified entities published by the  European
Commission, the Civil Court shall order the Director General, a t the
request of the qualified entity concerned, to communicate to th e
European Commission the name and objects of such entity and tha t
such qualified entity should be added to the list of qualified entities so
as to facilitate the redress of intra-community infringements.
(5) Any person who fails to comply with a compliance order
issued by the Civil Court, shall be liable to a penalty accordi ng to
article 106A(2).
(6) Where a compliance order has been requested, the Civil
Court shall in all cases act as expeditiously as possible.
 18        CAP. 378. ]                          CONSUMER   AFF AIRS  
(7) Once issued by the Civil Court, a compliance order shall
come into force with immediate effect.
(8) When requesting the issue of a compliance order, the
Director General shall not have to prove:
(a) actual loss or damage, or
(b) actual recklessness, negligence or fault on the
part of the defendant.
(9) Prior to issuing a compliance order, the Civil Court shall,
whenever it deems it possible and reasonable, request the defen dant to
declare whether he is prepared to  comply voluntarily with this Act or
with any regulations made thereunder or with any other law deal ing
with consumer rights and protection as may be designated by theMinister after consulting the Council, by Order in the Gazette.
(10) The Civil Court may, in its judgement, in order to elimina te
or reduce the continuing effects of any non-observance of anyprovisions of this Act or any regulations made thereunder or of  any
other law dealing with consumer rights and protection as may bedesignated by the Minister after consulting the Council by Orde r in the
Gazette, order the defendant:
(a) to publish a copy of the compliance order, in full or in
part and in such form as the Civil Court deems to beappropriate and adequate; and, or
(b) to publish a corrective statement as required by the
compliance order in relation to any infringement ofthis Act, or of any regulations made thereunder, or ofany other law dealing with consumer rights andprotection as may be designated by the Minister afterconsulting the Council by Order in the Gazette:
Provided that with regard to the publication referred to
in this sub-article, the Civil Court shall order that thispublication is made in at least two daily newspapersand if appropriate, in any other medium ofcommunication, at the expense of the defendant, afterthe lapse of twenty days from the judgement andprovided that no appeal has been filed:
Provided further that where such publication is not
effected as aforesaid by the defendant, the Civil Courtshall authorize the Director General to effect thepublication himself, and to recover from the defendantany expenses incurred.
Procedure and 
judgements.
Added by:
XVI.2019.13.12H.  (1) Proceedings before the Civil Court shall be held in
public with due regard to the protection of confidential inform ation or
of business secrets:
Provided that the person concerned, or the Director General,
                        CONSUMER   AFF AIRS               [CAP. 378.       19
or the complainant may request the Civil Court to be heard behi nd
closed doors where the submissions to be made or the evidence t o be
produced is of a confidential nature or contains business secre ts:
Provided further that for the purposes of this provision a
confidential and a non-confidential version of any written obse rvations
and documentary evidence shall be produced and the Civil Court shall
verify the confidentiality or otherwise of the information subm itted.
(2) Before giving its judgment, the Civil Court may have
recourse to the judgments of the Court of Justice of the Europe an
Union, to the relevant decisions and, or statements of the Euro pean
Commission, including interpretations of the European Regulatio ns
and Directives relative to consumer protection and may also ref er to its
decisions and to the decisions of the Competition and Consumer
Appeals Tribunal.
(3) Where the Civil Court has found the defendant liable of an
infringement or of infringements of this Act or of any regulati ons
made thereunder, it shall impose a penalty according to article  106A
for each infringement.
(4) Subject to the right of appeal established in article 12I, the
decisions of the Civil Court shall be final and binding.
Cap. 12.(5) Subject to the provisions of this Act, the provisions of th e
Code of Organization and Civil Procedure shall, mutatis mutandis,
apply to all judicial proceedings instituted according to this Act,
before the Civil Court and the Court of Appeal and to the enfor cement
of judgements.
Appeals to the 
Court of Appeal.
Added by:
XVI.2019.13.12I. The Director General and, or any party to the proceedings
before the Court, who feels aggrieved by the judgment of the Ci vil
Court, may appeal before the Court of Appeal, on any point of l aw
and, or of fact, by means of an application filed in the regist ry of the
Court of Appeal within twenty days from the date of the judgmen t of
the Civil Court:
Provided that the Court of Appeal shall appoint the case for
hearing by not later than six months from when the appeal appli cation
is served on all the parties.
Added by:
XVI.2019.14.PART IIB
Criminal proceedings and related provisions
Criminal 
proceedings.
Amended by:
XXVI. 2000.8;II. 2008.13;VI. 2011.75, 87.13. (1) When investigations in terms of article 12A relate to
an offence under this Act or any regulations made thereunder,criminal proceedings may only be instituted at the instance of the
Director General.
(2) In any proceedings referred to in subarticle (1), the Direct or
General, or an official of the Office duly authorised to act in  his
 20        CAP. 378. ]                          CONSUMER   AFF AIRS  
stead, may, notwithstanding any provision of any other law,
conduct the prosecution before the Court of Magistrates.
 (3) Should the evidence of the Director General or the official
conducting the prosecution be required as part of the case of t he
prosecution, he shall be heard before any other witness, unless  the
necessity of his giving evidence arises later in the proceeding s.
Compensation 
orders.
Amended by:
L.N. 425 of 2007;II. 2008.14;VI. 2011.88.14. (1) Upon the request even verbal of the aggrieved
consumer or of the prosecuting officer on his behalf, the court  shall
where the defendant is convicted for an offence against a provi sion
of the Act or against any regulation made under article 7, make  a
compensation order whereby defendant is ordered to pay to theaggrieved consumer as full or partial compensation -
(a) a sum not in excess of six hundred euro (€600) for any
pecuniary loss, and
(b) a sum of not less than thirty five euro (€35) and not
more than seven hundred and fifty euro (€750) asmoral damages for any pain, distress, anxiety andinconvenience,
suffered by the aggrieved consumer as a result of the offence o r
arising therefrom.
(2) Any compensation ordered under subarticle (1)( a) shall be
reduced from any amount which may be given in a judgment by acourt or tribunal of civil jurisdiction with regard to the same  matter.
(3) A request for the making of a compensation order shall not
be made where such damages have been settled by agreement withthe trader or where the aggrieved consumer has instituted a cla im
before a court or a tribunal of civil jurisdiction against thedefendant in respect of the same matter.
(4) A compensation order made under this article shall be
without prejudice to the right of the aggrieved consumer to ins titute
civil action for the recovery of any sum due to him as damages so
however that the sum covered by the compensation order shall bereduced from the total sum due by the defendant as damages.
(5) A compensation order made under this article shall be
subject to appeal by the defendant in the same manner as an app eal
from sentence.
Cap. 12.(6) When the judgment in which a compensation order is made
has become res judicata , the said compensation order shall be
deemed to be an executive title for the purposes of the Code of
Organization and Civil Procedure and shall be enforceable in the
same manner as if it were a judgment of the Court of Magistrate s
(in each case in its inferior civil jurisdiction) of the island  where
the court making the compensation order is situate.
                        CONSUMER   AFF AIRS               [CAP. 378.       21
Court orders.
Added by:
II. 2008.15.
Amended by:
XIV . 2009.2;VI. 2011.75;XVI.2019.15.Substituted by:XVI.2019.15.14A. Where the court finds that a person has committed an
offence under this Act or under any regulations made thereunder , the
Court may, without prejudice to any other order that it may mak e
under any other law:
(a) order the restitution of any money, property or
other consideration given by the consumer;
(b) make an order of specific performance against
that person; and
(c) make any other order the court considers
appropriate.
Interim measures.
Added by:
II. 2008.15.
Amended by:
VI. 2011.75, 89.14B. Deleted by XVI.2019 .16.
Prime Minister 
may extend operation of articles 10, 12, 12A, 13, 14, 14A and 14B and Parts XI, XII and XIII to other laws.
Amended by:
II. 2008.16;VI. 2011.75.15. Deleted by XVI.2019 .16.
PART III
Consumer Claims Tribunal
Establishment of 
tribunals.16. (1) There shall be two tribunals to be styled "the
Consumer Claims Tribunal (Malta)" and "the Consumer Claims
Tribunal (Gozo)" respectively.
(2) The Consumer Claims Tribunal (Malta) shall, subject to the
provisions of subarticle (3), have jurisdiction to hear and det ermine
consumer claims where the transaction to which the claim refershas taken place in Malta, and shall hold its sittings in such p lace or
places in Malta as the Minister may by order in the Gazettedetermine.
(3) The Consumer Claims Tribunal (Gozo) shall have
jurisdiction to hear and determine consumer claims where thetransaction to which the claim refers has taken place in the Is lands
of Gozo or Comino, and shall hold its sittings in such place in  the
Islands of Gozo and Comino as the Minister, in consultation wit h
the Minister responsible for Gozo Affairs, may by order in theGazette determine.
(4) For the purposes of subarticles (2) and (3) a transaction
shall be deemed to have taken place:
(a) in the case of a sale or a service which has been
concluded or provided on the premises of the trader, in
the island where those premises are situate;
(b) in the case of a sale or a service which has been
concluded or provided outside the premises of thetrader:
 22        CAP. 378. ]                          CONSUMER   AFF AIRS  
 (i) where the sale or the service was contracted by
telephone, fax, correspondence or by anymechanical or electronic means of comm-unication, and the trader did not himselfapproach the consumer and offer the sale of thegoods or the supply of the service, in the islandwhere the premises of the trader are situate;
(ii) in all other cases in the island where the goods
were delivered or the service provided; sohowever that where the goods were delivered orthe service provided partly in the Island of Maltaand partly in the Island of Gozo or in the Islandof Comino, or has taken place during a voyagebetween the Island of Malta and the Island ofGozo or the Island of Comino, both tribunalsshall have jurisdiction.
Cap.12.(5) Where in accordance with the provisions set out in
subarticle (4), or in accordance with any rules made under arti cle
27, it cannot be determined which tribunal has jurisdiction, th e
provisions of the Code of Organization and Civil Procedure to
determine conflict of jurisdiction between the Court of Magistr ates
(Malta) in its civil jurisdiction and the Court of Magistrates (Gozo)
in its inferior civil jurisdiction, shall mutatis mutandis apply.
Arbiters. 
Amended by:
II. 2008.17.17. (1) Each tribunal shall be presided by an arbiter sitting
alone:
Provided that more than one arbiter may be appointed to sit
in any of the said tribunals, but only one arbiter shall sit in  any one
case.
(2) Arbiters shall be appointed by the Prime Minister. No perso n
shall be qualified to be appointed arbiter unless such person -
(a) is a citizen of Malta over the age of thirty years; and
(b) holds the warrant and has practised the profession of
advocate in Malta for a period of at least five years.
 (3) A person shall be disqualified to be appointed arbiter if
such person -
(a) is a member of the House of Representatives; or
(b) is a member of a Local Council; or
(c) is a trader; or
(d) has been convicted of any of the offences or found
guilty of any of the infringements referred to in article4(7)( d)(v).
(4) Arbiters shall receive such remuneration as the Prime
Minister may by notice in the Gazette determine, and shall not be
precluded from the exercise of their respective profession.
 (5) Arbiters shall be appointed for a term of three years and
shall be eligible to be re-appointed, for a further term or ter ms of
three years each.
                        CONSUMER   AFF AIRS               [CAP. 378.       23
(6) In the exercise of his functions under this Act an arbiter
shall not be subject to the control or direction of any other p erson
or authority and may not be removed from office except by theCourt of Appeal on an application for that purpose by the PrimeMinister on the grounds of misbehaviour or inability to perform  his
functions by reason of infirmity of body or mind.
(7) The remuneration due to arbiters and the expenses in
connection with the administration of the tribunals shall be pa id out
of the Consolidated Fund without the necessity of any furtherappropriation.
Abstention or 
challenge of arbiters.18. An arbiter shall abstain and may be challenged in the same
circumstances as a judge of the superior courts.
Oath taken by 
arbiter.19. Every person appointed as an arbiter shall not assume the
functions of his office unless and until he has taken before th e
Attorney General an oath to examine and decide the cases brough t
before him without delay, with impartiality, and equity accordi ng to
law.
Jurisdiction of the 
tribunal.
Amended by:
XXVI. 2000.9;L.N. 425 of 2007;VI. 2011.90.20. (1) A tribunal shall have jurisdiction to hear and
determine claims made by consumers against traders where thevalue of the claim, exclusive of interests and costs, does not exceed
three thousand five hundred euro (€3,500), and where the claimrelates to, arises out of or concerns, whether directly or indi rectly -
(a) the purchase or hire of goods by a consumer from a
trader; or
(b) the provision of services by a trader to a consumer.
(2) The jurisdiction of a tribunal shall not be exclusive, and i t
shall be at the option of the consumer whether to bring an acti on
against a trader before a tribunal or before the ordinary court s; so
however that -
(a) where an action has been brought before a tribunal by
a consumer, it shall not be competent for the consumerto bring an action arising out of the same claim alsobefore the ordinary court; and
(b) where an action has been brought before the ordinary
courts by a consumer, or in a case brought by a traderagainst a consumer and the consumer sets forth acounter-claim, it shall be lawful for all the parties tothe action, where the claim and the counter-claim ifany are within the jurisdiction of a tribunal, by a jointnote filed in the records of the case to request thatcourt to transfer the case to a tribunal. Thereupon theordinary court shall through the Registrar transfer acopy of the records of that case to the tribunal andshall refrain from taking further cognisance of thecase. Registry costs in respect of the case before theordinary courts shall in any such case be waived, andunless the parties otherwise agree in the noteaforesaid, costs shall be determined in a like manner asif the case was withdrawn by the plaintiff:
 24        CAP. 378. ]                          CONSUMER   AFF AIRS  
     Provided that a case shall not be transferred to a
tribunal where the value of the claim or counter-claimdetermined as provided for in subarticle (1) exceedsthree thousand five hundred euro (€3,500); and
(c) it shall be lawful for a trader to make a counter-claim
against a consumer arising from a matter referred to insubarticle (1) before the tribunal in an action broughtagainst him by a consumer.
Determination of 
disputes before a tribunal.
Amended by:
L.N. 425 of 2007;VI. 2011.91.21. (1) A tribunal shall determine the issues in dispute in any
claim or counter-claim before it according to the substantive m erits
and justice of the case, and in accordance with equity:
Provided that any question of prescription shall be
determined according to law.
(2) A tribunal may, when determining the issues in dispute in
any claim or counter-claim before it, order the trader to pay t o the
consumer a sum of not less than thirty-five euro (€35) and not more
than five hundred euro (€500) as moral damages for any pain,distress, anxiety and inconvenience.
Appeals.
Amended by:
XXVI. 2000.10;VI.2001.26;II. 2008.18;VI. 2011.92.22. (1) An appeal made under subarticles (2) and (3) shall lie
from a decision of a tribunal by means of an application filedwithin twenty days from the date of the decision -
(a) in the case of an appeal from the Consumer Claims
Tribunal (Malta) to the Court of Appeal (Inferior
Jurisdiction) sitting in Malta; and
(b) in the case of an appeal from the Consumer Claims
Tribunal (Gozo) to the Court of Appeal (Inferior
Jurisdiction) sitting in Gozo.
(2) An appeal shall lie in the following cases:
(a) on any matter relating to the jurisdiction of the
Tribunal; or
(b) on any question of prescription; or
(c) where the tribunal has acted contrary to the rules of
natural justice and such action has prejudiced therights of the appellant.
(3) A right of appeal on all grounds shall also lie where the
amount of the claim in dispute, calculated in terms of article 20(1),
exceeds one thousand two hundred euro.
(4) Where the Court of Appeal finds that the grounds for appeal
are justified it shall quash the decision of the Tribunal and s hall
itself determine the original claim and any counter-claim inaccordance with the provisions of article 21.
(5) The Court of Appeal may, if it considers the application
frivolous or vexatious, dismiss the appeal and order the appell ant to
pay a penalty which shall not be less than two hundred and thir ty
euros and not exceeding one thousand one hundred and seventyeuro.
                        CONSUMER   AFF AIRS               [CAP. 378.       25
Cap. 12.(6) The amount of the penalty shall be due and owing to the
Government as a civil debt, liquidated and certain, and may becollected by the Registrar. The order referred to in subarticle  (5)
shall constitute an executive title within the meaning and for the
purposes of Title VII of Book Second of the 
Code of Organization
and Civil Procedure .
(7) The Minister responsible for justice may be regulations
under this subarticle establish the fees payable in the registr y of the
courts in relation to the filing of judicial acts in connection  with an
appeal under this article:
Cap. 12.Provided that where no such fees have been so established
the fees contained in Schedule A to the Code of Organization and
Civil Procedure  shall apply.
Cap. 12. (8) The board established under article 29 of the Code of
Organization and Civil Procedure may make rules governingappeals under this article.
Procedure.
Amended by:
XXVI. 2000.11;VI. 2011.75;IX. 2011.64.23. (1) Subject to the provisions of any rules made in
accordance with article 27 and to the provisions of subarticle (2),
an arbiter shall regulate the proceedings before a tribunal as he
thinks best suited to the ends of justice in accordance with th e rules
of natural justice.
(2) Subject to any rules referred to in subarticle (1) hereof, a n
arbiter -
(a) shall ensure that a case is decided as far as is
reasonably possible on the same day of the hearing;
(b) shall inform himself in any manner he thinks fit and
shall not be bound by the rules of best evidence or therules relative to hearsay evidence if he is satisfied thatthe evidence before him is sufficiently reliable for him
to reach a conclusion on the case before him;
(c) shall refrain as far as possible from appointing
technical referees to give expert evidence, and shallwhere experts are appointed make out a list of pointsupon which the expert is to give evidence;
(d) shall not be bound to give extensive reasons for his
decisions but it shall be sufficient for him to list outthe main points upon which his decision is based;
(e) shall have the same power as a magistrate sitting in a
Court of Magistrates (Malta) in its civil jurisdiction orin the Court of Magistrates (Gozo) in its inferior civiljurisdiction and in particular shall have power tosummon witnesses and to administer an oath towitnesses; and
(f) shall ensure evidence before the Tribunal shall in all
cases be tendered on oath.
(3) No proceedings before a tribunal shall be invalid because of
any non-observance of any formalities if there has been substan tial
compliance with the rules.
 26        CAP. 378. ]                          CONSUMER   AFF AIRS  
(4) ( a) A claim shall, before being presented before a tribunal,
be referred by the party making the claim to theDirector General or a registered consumer associationwho shall try to bring the parties into an agreement onthe issues in dispute.
(b) If no agreement is reached on all the issues in dispute
within fifteen working days from when the claim wasreferred to the Director General or the registeredconsumer association, as the case may be, by the party,that party may then present its claim before thetribunal.
(5) Where the Director General is in receipt of a claim referred
to him by the Malta Communications  Authority where such a claim
was submitted to that Authority by an aggrieved end-user inrelation to a communications service however so described falli ng
within the remit of the Authority, then the Director General sh all
act on the basis of the claim forwarded to him by the Authoritywithout the need of requiring the end-user concerned to submit the
claim again to the Director General:
Cap. 418.Provided that for the purposes of this subarticle,
"communications service" means any communications service as isregulated in accordance with the provisions of the 
Malta
Communications Authority Act.
Cap. 108.(6) Witnesses shall be paid fees in accordance with the
Witnesses (Fees) Ordinance .
Cap. 189. (7) The provisions of the Judicial Proceedings (Use of English
Language) Act shall apply to a tribunal.
Applicability of 
this Part. 24. (1) The provisions of this Part shall apply to claims
arising from sales made or services provided after the coming i nto
force of this article, and it shall be a condition of any sale or
provision of service after the coming into force of this articl e that
the provisions of this Part shall apply to any claims arisingtherefrom:
Provided that it shall be lawful for a consumer and a trader
to agree that this Part shall also apply to sales made, or serv ices
provided, before the coming into force of this article.
(2) It shall not be lawful for the parties to a transaction to
which subarticle (1) refers, to derogate from any right given t o a
consumer under this Part.
Costs and 
enforcement.
Amended by:
XXVI. 2000.12;L.N. 425 of 2007;VI. 2011.93.25.(1) In any award the arbiter shall determine the costs that
any of the parties is to pay to the other and unless specialcircumstances so warrant, the losing party shall be ordered to pay
the costs of the party in whose favour the decision is awarded:
Provided that where the arbiter is satisfied that a claim
presented before the Tribunal or any defence offered in respectthereof is vexatious or frivolous, he may order the claimant or  the
defendant, as the case may be, to pay to the other party a pena lty of
not more than one hundred and twenty euro (€120). Any such orde r
                        CONSUMER   AFF AIRS               [CAP. 378.       27
shall be motivated and enforceable in the same manner as a
decision of the Tribunal.
(2) Costs shall be limited to expenses made directly in
connection with the case by the party in whose favour the payme nt
of costs is awarded:
Provided that in no case shall costs be awarded in
connection with any expenses consisting of legal fees or any fe es
however so called paid by any of the parties to advocates, lega l
procurators or any other person assisting the parties before th e
tribunal.
Cap.12.(3) A decision of the Tribunal which has become res judicata
may be enforced, depending on the residence of the person again st
whom enforcement is sought, by the Court of Magistrates (Malta)or by the Court of Magistrates (Gozo), as an executive title un der
the 
Code of Or ganization and Civil Procedure :
Provided that the Court fees payable in respect of any
warrant issued for the purpose of enforcing a decision of the
Tribunal shall amount to one-half of the court fees applicable in
respect of warrants issued for the purpose of enforcement ofjudgments of the Court of Magistrates referred to herein.
Failure to comply 
with decisions.
Added by:
II. 2008.19.Substituted by:VI. 2011.94.25A. The Director General shall monitor closely the decisions of
the Tribunal to identify traders whose conduct on the market ma y
be in breach of the Act or regulations made thereunder or who m ay
not be honouring the decisions of the Tribunal or of the Court of
Appeal to the detriment of consumers and may take any action
under this Act or regulations made thereunder against such trad ers
to address any consumer harm that could be ensuing from thetraders’ behaviour:
Provided that any action by the Director General under this
article shall be without prejudice to the obligation of the tra der to
comply with the decision of the Tribunal or of the Court of App eal.
Registry, secretary 
and deputy secretary.
Amended by:
VI. 2011.95.26. (1) There shall be a registry for each tribunal.
(2) The records of each tribunal shall be accessible to all
persons, and copies shall be given on payment of the prescribed  fee
to any person on request.
(3) The acts and records of a tribunal shall be deposited and
kept in any place as the Minister may, with the concurrence of the
Minister responsible for justice, by order in the Gazette estab lish.
(4) The Minister shall appoint a secretary to each tribunal. (5) The secretary shall subject to such rules as may be made
under this Part, have the same functions in relation to the tri bunal
as the Registrar of the Courts and the Archivist of the Courts have
in relation to the superior courts.
(6) The Minister shall also appoint deputy secretaries who
shall, subject to rules made as aforesaid, have such duties as are
assigned to them by the secretary in general and in particular as are
performed by deputy registrars in the superior courts.
 28        CAP. 378. ]                          CONSUMER   AFF AIRS  
(7) Before assuming the functions of their office, a secretary
and a deputy secretary shall take and subscribe to an oath befo re a
Commissioner for Oaths to perform their duties fairly andimpartially according to law.
Rules. 27. The Minister may, with the concurrence of the Minister
responsible for justice, make rules for the better functioning of the
tribunals established under this Part and may without prejudice  to
the generality hereof make rules:
(a) setting out the procedure before the tribunals or in
appeals from the tribunals;
(b) establishing the forms that are to be used in
proceedings before the tribunals or in appeals from thetribunals;
(c) establishing rates of costs in proceedings before the
tribunals;
(d) establishing the fees that may be due to the registry of
the tribunal;
(e) setting out the duties of the secretaries and deputy
secretaries; and
(f) prescribing anything that may or is to be prescribed in
accordance with this Part.
PART IV
Consumer Associations
Requirements for 
registrations.
Amended by:
XXVI. 2000.13.28. A registered consumer association is a consumer
association which satisfies the Council that it complies with t he
following requirements:
(a) that the association has a minimum paid up
membership of one hundred members of majority agewho are citizens of Malta or permanent residents inMalta;
(b) that the statute of the association states in substance
that the principal object of the association is topromote consumer protection, and to guide, informand educate consumers;
(c) that the statute makes provision for the association to
be managed by persons freely elected by the membersof the association in an election which is held at leastonce every calendar year;
(d) that the association does not have the making of profit
as one of its objects; and
(e) that the association is independent of any other
association, organisation or grouping whose principalobject is not the protection of consumers.
                        CONSUMER   AFF AIRS               [CAP. 378.       29
Application for 
recognition.
Amended by:
L.N. 426 of 2012.29. (1) Any consumer association wishing to be recognised as
a registered consumer association shall submit to the Council t he
following:
(a) an application on the appropriate form issued under
the authority of the Council;
(b) a complete updated copy of its statute duly certified by
the person who holds the most senior executive postwith the association;
(c) a list of the association’s members including their
respective addresses and the legally valididentification document numbers; and
(d) the official address of the association.
(2) The Council shall at its earliest opportunity examine and
verify whether the association satisfies the requirements laid down
in article 28. Where these requirements are satisfied, the Coun cil
shall register the applicant as a registered consumer associati on,
and shall issue a certificate to the association confirming theregistration of the said association and the date thereof.
(3) Where the Council determines that an association does not
satisfy the requirements for registration, it shall within four teen
days from the date of its decision  give notice thereof in writi ng to
the applicant giving the grounds for such a decision.
(4) The Council may refuse to register a consumer association
under a name or designation which it considers to be offensive or
otherwise undesirable.
(5) A certificate issued by the Council to the effect that a
particular consumer association is a registered consumerassociation which complies with all the requirements laid downunder subarticle (1), shall be valid and conclusive evidence of  the
fact for all intents and purposes of law.
 (6) No fees shall be char ged in connection with the registratio n
of a consumer association with the Council.
Register of 
consumer associations.30. (1) The Council shall keep a register of all registered
consumer associations, stating their names, dates of registrati on,
number of members and any other particulars the Council maydeem appropriate.
(2) The register shall be open to inspection by any person free
of charge at any time and place as may be determined by theCouncil:
Provided that the identity of the members of a registered
consumer association shall not be open to public scrutiny.
Obligation to keep 
records of members.
Amended by:
L.N. 426 of 2012.31. Every registered consumer association shall keep a fully
updated record of the names, addresses and the legally valididentification document numbers of its members.
Obligation to 
submit information to Council.32. (1) A registered consumer association shall submit to the
Council all such returns and information on its membership and
 30        CAP. 378. ]                          CONSUMER   AFF AIRS  
activities as the Council may from time to time require. Withou t
prejudice to the foregoing, each registered consumer associatio n
shall in every calendar year not later than the end of March lo dge
with the Council a return of its membership as at the 31stDecember of the previous year.
(2) A registered consumer association shall provide the
Council with a copy of any amendments to its statute, which cop y
must be duly certified by the person holding the most seniorexecutive post with the association. Any such amendment must benotified to the Council within fourteen days of its approval by  the
said association.
Council to publish 
annual list.33. As soon as practicable after the lapse of each successive
calendar year but not later than the end of May of each year, t he
Council shall publish for general information in the Gazette a list of
the registered consumer associations duly registered as on the 31st
December of the previous year.
False or misleading 
statement, etc.
Amended by:
L.N. 425 of 2007;VI. 2011.96.34. Any person who knowingly or recklessly makes a false or
misleading statement or declaration or otherwise gives any fals e or
misleading information to the Council under any of the provisio ns
of this Part shall, on conviction, be liable to a fine ( multa ) of up to
two thousand three hundred and fifty euro (€2,350) or to a term  of
imprisonment not exceeding six months or to both such fine andimprisonment.
Exemption and 
privileges.35. A registered consumer association shall enjoy the rights,
benefits, privileges and exemptions granted by this Part for so  long
as it remains so registered and continues to comply with therequirements of this Part.
Exemption from 
liability.
Amended by:
II. 2008.20.36. (1) Notwithstanding the provisions of any other law, a
registered consumer association and any of its officials acting  on its
behalf shall be exempt from any liability or responsibility whe ther
civil or criminal, in respect of any publication, statement or other
communication or activity, which is bona fide  and is intended
solely for the better information, education or protection ofconsumers. Such exemption shall extend to all persons publishin g,
printing, recording, broadcasting or communicating suchinformation by any means whatsoever.
(2) For the purposes of subarticle (1), a publication, statement ,
communication or activity shall be deemed to be bona fide  when it
is not made or undertaken recklessly or maliciously, adheres to  the
principles of fairness and objectivity, and is not in contraven tion of
any rules of practice made in accordance with article 7(1)( b).
(3) Any person alleging bad faith by a registered consumer
association shall have the burden of proving such allegations.
Registered 
consumer associations and prosecutions.
Amended by:
VI. 2011.7537. (1) A registered consumer association may in its own
name make reports or complaints to the competent authority on a ny
breach of this Act, any law administered by the Director Genera l or
any such laws or regulations as the Prime Minister may from tim e
to time determine by notice published in the Gazette.
(2) In any prosecution by the competent authority made
                        CONSUMER   AFF AIRS               [CAP. 378.       31
following a report or complaint under subarticle (1), a
representative of the association shall be called to give evide nce on
the facts known to the association about the complaint or repor t and
indicate to the court any evidence in respect of the charge of which
it may be aware.
 (3) In the course of the criminal proceedings made as a result
of a report or complaint by the association, an official author ised
by the association for this purpose shall be entitled to partic ipate
and assist in the prosecution of the said offences.
Exemption from 
income tax.38. A registered consumer association shall be exempt from
the payment of income tax.
Assistance to 
registered consumer associations.
Amended by:
XXI of 2020.39. The Council may grant to any registered consumer
associations such assistance and facilities as he may deem fit from
time to time in order to enable them to exercise their function s.
Consultation and 
initiatives with registered consumer associations.40. (1) The Council may whenever it considers it to be
necessary, consult with registered consumer associations on anymatter relating to or arising from the supply of goods and serv ices
to consumers.
(2) The Council may also undertake initiatives or campaigns
jointly with registered consumer associations as it deems fit f rom
time to time.
Cancellation of 
registration.
Amended by:
II. 2008.21.41. The Council shall cancel the registration of a registered
consumer association in any of the following cases where:
(a) a request for cancellation is made by the association;
(b) it is satisfied that the association no longer complies
with any of the requirements laid down in article 28;
(c) for any reason, the statute regulating the association is
not in conformity with the provisions of this Part;
(d) it is satisfied that the association has ceased to exist or
to function;
(e) it is satisfied that sufficient proof exists that the
registration of the association had been procured byfraud, negligence or serious mistake;
(f) the association or anyone acting on its behalf is
convicted under article 34; or
(g) the association has repeatedly acted in breach of any
rules of practice made under article 7(1)( b), or has in
any matter of gravity acted even once in breach ofsuch rules.
Other consumer 
associations. 42. Nothing in this Part shall be construed as obstructing or
limiting the right of persons to set up associations for the pr otection
and promotion of consumer interests without qualifying in terms  of
article 28. In such a case an association which is not register ed
shall not have any right to consultation, assistance or recogni tion
from the Council, or to any other right, privilege or exemption
 32        CAP. 378. ]                          CONSUMER   AFF AIRS  
conferred by this Part upon registered consumer associations.
Added by:
XXVI. 2000.15.PART V
Declaration of Principles
Consumer rights.
Added by:
XXVI. 2000.15.43.(1) The principles stated in subarticle (2) shall not be
directly enforceable in any court or tribunal, but shall be adh ered to
in the interpretation and implementation of this Act and anyregulations made thereunder.
(2) Consumers shall be entitled:
(a) to have adequate access to basic essential goods and
services at reasonable prices and to be able to choosefrom a diverse range of goods and services;
(b) to be protected against goods, production processes
and services which are harmful to health;
(c) to have adequate access to information about goods or
services which is clear, correct and does not mislead;
(d) to form and join consumer associations and to have
consumer interests represented in the making andexecution of government policy, and in thedevelopment of goods and services;
(e) to protection from unlawful or unfair trading practices;
(f) to receive a fair settlement of just claims including
adequate compensation for misrepresentation, shoddygoods or unsatisfactory services; and
(g) to effective, quick and inexpensive means of redress in
disputes they may have with traders.
(3) A consumer may not waive any rights established in his
favour by or under this Act.
Added by:
XXX. 2015.5.PART VI
Consumer Alternative Dispute Resolution
Interpretation.
Added by:
XXX. 2015.5.43A. In this Part unless the context otherwise requires:
"this Part" includes any regulations made under this Part; and"residual ADR entity" means any such entity as the Minister
may, after consultation with the Council, designate to deal wit h any
disputes that consumers may have with traders in relation to wh ich
there is no existing ADR entity in place competent to deal withsuch disputes.
Consumer right to 
access ADR procedures.
Added by:
XXX. 2015.5.43B. Consumers shall have the right to have access to ADR
procedures with regard to disputes that they may have with trad ers:
Provided that where there is no ADR entity which is
competent to deal with the resolution of any such disputes, the n
such disputes shall be referred to any such residual ADR entity  or
entities as may from time to time be designated in accordance w ith
this Part.
                        CONSUMER   AFF AIRS               [CAP. 378.       33
Residual ADR 
entity or entities.
Added by:
XXX. 2015.5.43C. (1) The entity listed in the Third Schedule to this Act
shall perform the function of a residual ADR entity. The Minist er
may, after consultation with the Council, by order designate an y
other entity or entities to undertake the function of a residua l ADR
entity or entities which entity or entities shall be listed in the Third
Schedule:
Provided that the Minister may by order, after consultation
with the Council, amend the said Schedule and in particular theMinister may appoint different  entities to deal with different types
of disputes:
Provided further that the Minister shall by order amend the
said Schedule at the written request of the Council if he is sa tisfied
that the Council considers that an entity that has been designa ted as
a residual ADR entity does not satisfy or no longer satisfies o ne or
more requisites under this Part.
(2) An entity designated to exercise the functions of a residual
ADR entity shall, in doing so, act independently of the Council ,
other than in compliance with any legitimate orders, however sodescribed, that the Council may impose to ensure that the afore said
entity adheres to its obligations at law in the exercise of its  role as a
residual ADR entity.
Role of the Council 
as the competent 
ADR regulatory 
authority and the Civil Court.
Added by:
XXX. 2015.5.Substituted by:XVI.2019.17.43D. (1) Except where competences are assigned to the Civil
Court by this Act, the Council shall be the competent ADRregulatory authority, and in the exercise of such a role the Co uncil
shall independently and autonomously perform the followingfunctions:
(a) determine whether an entity is qualified to act as an
ADR entity;
(b) monitor and investigate the operations and conduct of
ADR entities and of traders;
(c) following investigations of ADR entities and, or of
traders that indicate prima facie  that there are
infringements of the law and of their obligations atlaw, institute judicial proceedings according to PartIIA before the Civil Court, in so far as this isapplicable.
(2) Unless provided otherwise by the law, the Council in the
exercise of its functions under this Part shall regulate its ow n
procedure.
(3) The Council shall exercise its regulatory functions however
so described through its Chairman and, or through one or more o f such
public officers and, or public entity or entities as may from t ime to
time be authorized by the Council for that purpose:
Provided that no such functions shall be exercised by any
entity which is or may have been designated to act as residual ADR
entity, or else is or was an ADR entity.
 34        CAP. 378. ]                          CONSUMER   AFF AIRS  
Application of 
certain investigative powers provisions of Part XII.
Added by:
XXX. 2015.5.Substituted by:XVI.2019.18.43E. The provisions of articles 102, 103, 104 and 105, in so far as
they relate to the exercise of the powers of investigation of t he
Director General in the performance of his regulatory functions , shall
similarly apply to the Chairman of the Council when acting to m onitor
and investigate ADR entities and traders.
Application of Part 
IIA with regard to judicial proceedings before the Civil Court.
Added by:
XXX. 2015.5.Substituted by:XVI.2019.19.43F. With regard to the functions of the Council established in
article 43D(1)(c) the institution of judicial proceedings by th e Council
and the relative judicial process shall be according to PART II A before
the Civil Court, in so far as this is applicable and excluding any
references therein to qualified entities.
Power to make 
regulations.
Added by:
XXX. 2015.5.Substituted by:XVI.2019.20.43G. The Minister may make regulations on any aspect relating to
consumer to trader alternative dispute resolution procedures, o n the
role and functions of the Council under this Part, and for the better
functioning of such ADR procedures in Malta, including the powe r of
the Council to request the Civil Court to impose penalties not
exceeding fifty thousand euro (€50,000) and, or not exceeding o ne
hundred euro (€100) for each day of non-compliance by the decis ion
of the Civil Court, and the procedure to be followed by the Cou ncil in
the investigative process and in any subsequent judicial procee dings
before the Civil Court.
PART VII
Substituted by:
II. 2008.22.Unfair contract terms
Prohibited terms.
Added by:
XXVI. 2000.15.
Amended by:
XIV . 2009.3.44.(1) It shall be unlawful in consumer contracts to use unfair
terms, or terms or combination of terms which are unfair in tha t
they have as an object or effect any of the objects and effectsreferred to in subarticle (2), and any term prohibited as afore said
inserted in any consumer contract shall be deemed never to havebeen so inserted.
(2) The terms referred to in subarticle (1) include terms which
have the object or effect of -
(a) excluding or limiting the liability of a trader by reason
of his own fraud or gross negligence or that of hisemployees or agents, or by reason of any failure tofulfil an obligation constituting one of the fundamentalelements of the contract;
(b) establishing an unreasonably short period for notifying
the trader of any defects;
(c) excluding or limiting the legal rights of a consumer
against the trader in the event of total or partial non-performance or inadequate performance by the traderof any of his contractual obligations;
(d) prohibiting the consumer from offsetting a debt owed
to the trader against a claim which the consumer mayhave against the same trader;
                        CONSUMER   AFF AIRS               [CAP. 378.       35
(e) making an agreement binding on the consumer
whereas the provision of services or goods by thetrader is subject to a condition whose realisationdepends solely on the will of the trader;
(f) allowing the trader to retain sums paid by the
consumer if the consumer decides not to conclude orperform the contract, without providing for theconsumer to receive compensation of an equivalentamount from the trader where the trader is the partycancelling the contract;
(g) requiring a consumer who fails to fulfil his obligation,
to pay to the trader as compensation a sum which isdisproportionately high to the value of the goods orservices purchased or hired;
(h) determining the compensation payable by a consumer
who fails to fulfil his obligations, without providingfor compensation of the same magnitude by the traderwho fails to fulfil his;
(i) limiting the means of proof which the consumer can
use;
(j) causing the consumer to waive any ground of claim
against the trader in the event of a dispute;
(k) prohibiting the consumer from seeking the
cancellation of the contract if the trader fails to fulfilhis obligations;
(l) restricting the right of the consumer to cancel the
contract if the trader, in connection with any guarantee
or warranty given, does not fulfil his obligation or failsto do so within a reasonable period;
(m) irrevocably binding the consumer to terms with which
he had no real opportunity of becoming acquaintedbefore the conclusion of the contract;
(n) enabling the trader to alter the terms of a contract
unilaterally, without a valid reason which is specifiedin the contract;
(o) enabling the trader to alter unilaterally, without a valid
reason, any characteristics of the product or service tobe provided;
(p) providing for the price of goods to be determined at
the time of delivery by the trader or allowing him toincrease the price without in any case giving theconsumer the corresponding right to cancel thecontract if the final price is too high in relation to theprice agreed when the contract was concluded;
(q) causing the price to vary by reference to factors
depending only on the will of the trader;
(r) giving the trader the right unilaterally to determine
whether the goods or services supplied are inconformity with the contract;
 36        CAP. 378. ]                          CONSUMER   AFF AIRS  
(s) giving the trader the exclusive right to interpret any
term of the contract;
(t) limiting or eliminating the obligation of the trader to
respect commitments undertaken by his agents oremployees;
(u) obliging the consumer to fulfil his obligations where
the trader does not perform his;
(v) allowing the trader the possibility of transferring all
his rights and obligations under the contract where thismay serve to reduce the guarantees or warranties forthe consumer, without the consent of the consumer;
(w) providing for an immediate and final commitment by
the consumer on signature of the contract, with thetrader contracting subject to a condition the fulfilmentof which depends only on the will of the trader;
(x) permitting the trader to establish or alter unilaterally
the period for delivering goods or supplying a service;
(y) excluding or limiting the legal liability of a trader or
supplier in the event of the death of a consumer orpersonal injury to the latter resulting from an act oromission of that trader or supplier;
(z) authorizing the trader or supplier to dissolve the
contract on a discretionary basis where the samefacility is not granted to the consumer, or permittingthe trader or supplier to retain the sums paid forservices not yet supplied by him where it is the traderor supplier himself who dissolves the contract;
(aa) enabling the trader or supplier to terminate a contract
of indeterminate duration without reasonable noticeexcept where there are serious grounds for doing so;
(bb) automatically extending a contract of fixed duration
where the consumer does not indicate otherwise, whenthe deadline fixed for the consumer to express thisdesire not to extend the contract is unreasonably early;
(cc) excluding or hindering the consumer’s right to take
legal action or exercise any other legal remedy,particularly by requiring the consumer to take disputesto arbitration not covered by legal provisions, undulyrestricting the evidence available to him or imposingon him a burden of proof which, according to theapplicable law, should lie with another party to thecontract.
(3) The Minister may, after consulting the Council, by
regulations amend, substitute or revoke any of the terms listed  in
subarticle (2).
(4) The list of terms laid down in subarticle (2) is not an
exhaustive list, and accordingly nothing contained in subarticl es (1)
and (2) shall be construed as li miting or otherwise prejudicing  the
generality of the provisions of article 45.
                        CONSUMER   AFF AIRS               [CAP. 378.       37
(5) In this Part, the term "goods" shall include immovable
property.
Meaning of an 
unfair term.
Added by:
XXVI. 2000.15.
Amended by:
II. 2008.23.45.(1) An unfair term means any term in a consumer contract,
which on its own or in conjunction with one or more other terms  -
(a) creates a significant imbalance between the rights and
obligations of the contracting parties to the detrimentof the consumer; or
(b) causes the performance of the contract to be unduly
detrimental to the consumer; or
(c) causes the performance of the contract to be
significantly different from what the consumer couldreasonably expect; or
(d) is incompatible with the requirements of good faith.
(2) The unfairness of a term shall be assessed, taking into
account the following:
(a) the nature of the goods or services for which the
contract was concluded;
(b) the time of conclusion of the contract; and
(c) all the circumstances attending the conclusion of the
contract and all the other terms of the contract or ofanother contract on which it is dependent. Suchcircumstances may also include:
(i) the bargaining power of the parties;
(ii) whether a consumer was subjected to undue
pressure; and
(iii) whether the lack of knowledge or skill of a
consumer was improperly taken advantage of.
Provided that, in so far as it is in plain intelligible languag e,
the assessment of fairness of a term shall not relate -
(a) to the definition of the main subject matter of the
contract, or
(b) to the adequacy of the price or remuneration, as
against the goods or services supplied in exchange.
(3) The provisions of articles 44 to 47 shall be applicable to
contracts concluded or executed after the coming into force of these
articles.
Consequence of 
inclusion of unfair or prohibited term.
Added by:
XXVI. 2000.15.46. A consumer contract that includes a prohibited or unfair
term shall not be binding on the consumer unless the contract i s
capable of continuing in existence without the unfair term.
Use of plain 
language in consumer contract.
Added by:
XXVI. 2000.15.
Amended by:
XIII. 2009.4.47.(1) In any consumer contract, where all or some terms
offered by a trader to a consumer are in writing, these terms s hall
be written in plain and intelligible language which can beunderstood by the consumers to whom the contract is directed.
(2) Where any term is ambivalent or any doubt arises about the
 38        CAP. 378. ]                          CONSUMER   AFF AIRS  
meaning of a term, the interpretation most favourable to the
consumer shall prevail:
Provided that this subarticle shall not apply to proceedings
brought under article 94.
Protection in case 
of a term applying the law of a non-Member State.
Added by:
II. 2008.24.47A. The provisions of this Part shall apply notwithstanding any
term in a consumer contract which applies or purports to apply the
law of a non-Member State, if the contract has a close connecti on
with the territory of any Member State.
Applicability over 
other laws.
Added by:
II. 2008.24.Cap. 16.Cap. 13.47B. The provisions of this Part shall prevail over anything to
the contrary contained in the  Civil Code  and the Commercial Code .
Purpose of this 
Part.
Added by:
II. 2008.24.47C. The purpose of this Part is to implement the provisions of
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in
consumer contracts and the provisions of this Part shall be app lied
and interpreted accordingly.
PART VIII
Unfair commercial practices and illicit schemes
Title I
Unfair commercial practices
Misleading 
advertisements.
Added by:
XXVI. 2000.15.48. (Deleted by II. 2008.27 ).
Meaning of 
comparative advertising.
Added by:
XXVI. 2000.15.49. (Deleted by II. 2008.27 ).
Permitted 
comparative advertising.
Added by:
XXVI. 2000.15.50. (Deleted by II. 2008.27 ).
Offering gifts and 
prizes.
Added by:
XXVI. 2000.15.51. (Deleted by II. 2008.27 ).
Interpretation.
Added by:
II. 2008.28.
Amended by:
VI. 2014.4.51A.  In this Title, unless the context otherwise requires:
"administrative provision" means any provision in a measure
issued by any government Ministry or department, local authorit y
or any other public body which is binding on the person to whom  it
is addressed, including any order, licence, permit, warrant ordecision;
"code of conduct" means an agreement or set of rules not
imposed by law or administrative provision which defines thebehaviour of traders who undertake to be bound by the code inrelation to one or more particular commercial practices or busi ness
sectors;
                        CONSUMER   AFF AIRS               [CAP. 378.       39
"code owner" means any entity, including a trader or group of
traders, which is responsible for the formulation and revision of a
code of conduct and, or for monitoring compliance with the codeby those who have undertaken to be bound by it;
"commercial practice" means any act, omission, course of
conduct or representation, commercial communication includingadvertising and marketing, by a trader, directly connected with  the
promotion, sale or supply of a product to consumers; whether ittakes place before, during or after a commercial transaction inrelation to the product;
"invitation to purchase" means a commercial communication
which indicates characteristics of the product and the price in  a way
appropriate to the means of commercial communication used,which is such as to induce a consumer to make a purchase;
"product" means any good or service including immovable
property, rights and obligations;
"professional diligence" means the standard of skill and care
which a trader may reasonably be expected to exercise towardsconsumers, commensurate with honest market practice and, or thegeneral principle of good faith, in the trader’s field of activ ity;
Cap. 451."regulated profession and regulated professional activity" has the
same meaning assigned to it in the Mutual Recognition of
Qualifications Act;
"to materially distort the economic behaviour of a consumer"
means using a commercial practice to appreciably impair theconsumer’s ability to make an informed decision, thereby causin g
the consumer to take a transactional decision that he would nothave taken otherwise;
"trader" means any natural person or any legal person who, in
commercial practices covered by this Title, is acting for purpo ses
relating to his trade, business, craft or profession and includ es
anyone acting in the name or on behalf of a trader;
"transactional decision" means any decision taken by a consumer
concerning whether, how and on what terms -
(i) to purchase a product, or
(ii) to make payment in whole or in part for a
product, or
(iii) to retain or dispose of a product, or (iv) to exercise a contractual right in relation to the
product, whether the consumer decides to act orto refrain from acting;
"undue influence" means exploiting a position of power in
relation to the consumer so as to apply pressure even without u sing
or threatening to use physical force, in a way which significan tly
limits the consumer’s ability to make an informed decision.
Unfair commercial 
practices.
Added by:
II. 2008.28 .51B. (1) Unfair commercial practices shall be prohibited.
(2) A commercial practice shall be unfair if:
 40        CAP. 378. ]                          CONSUMER   AFF AIRS  
(a) it is contrary to the requirements of professional
diligence, and
(b) it materially distorts or is likely to materially distort
the economic behaviour with regard to the product, ofthe average consumer whom it reaches or to whom it isaddressed, or of the average member of the groupwhen a commercial practice is directed to a particulargroup of consumers:
Provided that, other than the advertising practice of
making exaggerated statements or statements whichare not meant to be taken literally, commercialpractices which are likely to materially distort theeconomic behaviour only of a clearly identifiablegroup of consumers who are particularly vulnerable tothe practice or the underlying product because of theirmental or physical infirmity, age or credulity in a waywhich the trader could reasonably be expected toforesee, shall be assessed from the perspective of theaverage member of that group.
(3) In particular, a commercial practice shall be unfair if it i s
misleading in terms of articles 51C and 51D, or aggressive in t erms
of article 51E.
(4) Those commercial practices listed in the First Schedule
shall in all circumstances be regarded as unfair.
Misleading 
actions.
Added by:
II. 2008.28.51C. A commercial practice shall be regarded as misleading if:
(a) it contains false information; or
(b) in any way, including its overall presentation, deceives
or is likely to deceive the average consumer, even ifthe information is factually correct, in relation to oneor more of the following elements, and in either casecauses or is likely to cause him to take a transactionaldecision that he would not have taken otherwise:
(i) the existence or nature of the product;
(ii) the main characteristics of the product, such as
its availability, benefits, risks, execution,composition, accessories, after-sale customerassistance and complaint handling, method anddate of manufacture or provision, delivery,fitness for purpose, usage, quantity,specification, geographical or commercial originor the results to be expected from its use, or theresults and material features of tests or checkscarried out on the product;
(iii) the extent of the trader’s commitments, the
motives for the commercial practice and thenature of the sales process, any statement orsymbol in relation to direct or indirectsponsorship or approval of the trader or theproduct;
                        CONSUMER   AFF AIRS               [CAP. 378.       41
(iv) the price or the manner in which the price is
calculated, or the existence of a specific priceadvantage;
(v) the need for a service, part, replacement or
repair;
(vi) the nature, attributes and rights of the trader or
his agent, such as his identity and assets, hisqualifications, status, approval, affiliation orconnection and ownership of industrial,commercial or intellectual property rights or hisawards and distinctions;
(vii) the consumer’s rights, including the right to
repair, replacement or reimbursement asprovided in Part X of the Act, or the risks hemay face; or
(c) in its factual context, taking account of all its features
and circumstances, it causes or is likely to cause theaverage consumer to take a transactional decision thathe would not have taken otherwise, and it involves:
(i) any marketing of a product, including
comparative advertising, which createsconfusion with any products, trade marks, tradenames or other distinguishing marks of acompetitor; or 
(ii) non-compliance by the trader with commitments
contained in codes of conduct by which thetrader has undertaken to be bound, where -
(a) the commitment is not aspirational but is
firm and is capable of being verified, and
(b) the trader indicates in a commercial
practice that he is bound by the code.
Misleading 
omissions.
Added by:
II. 2008.28.
Amended by:
VI. 2014.5.51D. (1) A commercial practice shall be regarded as
misleading if:
(a) in its factual context, taking account of all its features
and circumstances and the limitations of thecommunication medium, it omits material informationthat the average consumer needs, according to thecontext, to take an informed transactional decision andthereby causes or is likely to cause the averageconsumer to take a transactional decision that hewould not have taken otherwise; or
(b) taking account of the matters described in paragraph
(a), the trader hides, or provides in an unclear,
unintelligible, ambiguous or untimely manner, suchmaterial information as referred to in that paragraph,or fails to identify the commercial intent of thecommercial practice if not already apparent from thecontext, and where, in either case, this causes or islikely to cause the average consumer to take atransactional decision that he would not have taken
 42        CAP. 378. ]                          CONSUMER   AFF AIRS  
otherwise.
(2) Where the medium used to communicate the commercial
practice imposes limitations of space or time, these limitation s and
any measures taken by the trader to make the information availa ble
to consumers by other means shall be taken into account indeciding whether information has been omitted.
(3) In the case of an invitation to purchase, the following
information shall be regarded as material, if not apparent from  the
context:
(a) the main characteristics of the product, to an extent
appropriate to the medium and the product;
(b) the geographical address and the identity of the trader,
such as his trading name and, where applicable, thegeographical address and the identity of the trader onwhose behalf he is acting;
(c) the price inclusive of taxes, or where the nature of the
product means that the price cannot reasonably becalculated in advance, the manner in which the price iscalculated, as well as, where appropriate, all additionalfreight, delivery or postal charges or, where thesecharges cannot reasonably be calculated in advance,the fact that such additional charges may be payable;
(d) the arrangements for payment, delivery, performance
and the complaint handling policy, if they depart fromthe requirements of professional diligence;
(e) for products and transactions involving a right of
withdrawal or cancellation, the existence of such aright.
(4) Information requirements established by European Union
law in relation to commercial communications includingadvertising or marketing shall be regarded as material.
Aggressive 
commercial practices.
Added by:
II. 2008.28.51E. (1) A commercial practice shall be regarded as aggressive
if, in its factual context, taking account of all its features and
circumstances, by harassment, coercion, including the use ofphysical force, or undue influence, it significantly impairs or  is
likely to significantly impair the average consumer’s freedom o f
choice or conduct with regard to the product and thereby causeshim or is likely to cause him to take a transactional decision that he
would not have taken otherwise.
(2) In determining whether a commercial practice uses
harassment, coercion, including the use of physical force, or u ndue
influence, account shall be taken of:
(a) its timing, location, nature or persistence;
(b) the use of threatening or abusive language or
behaviour;
(c) the exploitation by the trader of any specific
misfortune or circumstance of such gravity as toimpair the consumer’s judgement, of which the trader
                        CONSUMER   AFF AIRS               [CAP. 378.       43
is aware, to influence the consumer’s decision with
regard to the product;
(d) any onerous or disproportionate non-contractual
barriers imposed by the trader where a consumerwishes to exercise rights under the contract, includingrights to terminate a contract or to switch to anotherproduct or another trader;
(e) any threat to take any action that cannot legally be
taken.
Infringements.
Added by:
II. 2008.28.51F.  A person who engages in an unfair commercial practice in
terms of articles 51B, 51C, 51D and 51E, shall be guilty of aninfringement against this Act.
Control by code 
owners.
Added by:
II. 2008.28.51G. (1) The provisions of this Title shall not preclude the
control by code owners of unfair commercial practices throughcodes of conduct.
(2) Recourse to code owners for the purpose of ensuring
compliance with such codes of conduct shall not prejudice anyother form of redress available under this Act or any other law .
Exclusion.
Added by:
II. 2008.28.51H.  The provisions of this Title shall not apply to any other
law relating to the certification and indication of the standar d of
fineness of articles of precious metal.
Scope.
Added by:
II. 2008.28.51I. The provisions of this Title shall be without prejudice to:
(a) any provision under the laws of Malta regulating
contract in particular those governing the validity,formation or effect thereof;
(b) any rule relating to the health and safety aspects of
products;
(c) any provision under the laws of Malta implementing a
Community Directive or any provision underCommunity law regulating specific aspects of unfaircommercial practices, in so far as those specificaspects are concerned;
(d) any condition of establishment or of an authorization
regime or any deontological code of conduct or otherspecific rules governing regulated professions in orderto uphold high standards of integrity on the part of theprofessional;
(e) any requirement imposed by any other law, in the field
of financial services and immovable property, which is
more restrictive or prescriptive than the requirementsimposed by the provisions of this Title.
Purpose of this 
Title.Added by:
II. 2008.28.51J. The purpose of this Title is to implement Directive 2005/
29/EC of the European Parliament and of the Council of 11 May
2005 concerning unfair business-to-consumer commercial practice s
in the internal market, and the provisions of this Title shall be
applied and interpreted accordingly.
 44        CAP. 378. ]                          CONSUMER   AFF AIRS  
Added by:
II. 2008.29.Title II
Illicit schemes
Pyramid selling 
schemes.
Added by:
XXVI. 2000.15.52. (Deleted by II. 2008.30 ).
Chain letter 
schemes.
Added by:
II. 2008.31.52A. (Deleted by VI. 2014.6 ).
Misleading 
representations about certain schemes or activities.
Added by:
XXVI. 2000.15.
Amended by:
II. 2008.32.53. (Deleted by VI. 2014.6 ).
Offences.
Added by:
XXVI. 2000.15.
Amended by:
L.N. 425 of 2007.54. (Deleted by II. 2008.33 ).
Applicability over 
other laws.
Added by:
XXVI. 2000.15.
Amended by:
II. 2008.34;VI. 2014.7.Cap. 13.55. The provisions in this Part shall prevail over anything to
the contrary contained in the Commercial Code .
Transitory 
provision.
Added by:
II. 2008.35.55A. (1) The provisions of articles 48 to 53, as they were prior
to the 12th December, 2007 shall be deemed to have remained inforce for the purpose of any prosecution commenced in termsthereof prior to the said date.
(2) Where an act in breach of articles 48 to 53 as they were
prior to 12th December, 2007 happened before the said date, but  no
prosecution was commenced by the said date, the provisions of t his
Part as in force from the 12th December, 2007 shall apply, as i f
such act happened after the said date.
Added by:
XXVI. 2000.15.
Amended by:
II. 2008.25.PART IX
Liability for defective products
Interpretation.
Added by:
XXVI. 2000.15.
Amended by:
XV . 2006.6;II. 2008.36.56. In this Part, unless the context otherwise requires:
"personal injury" includes any disease and any impairment of th e
physical or mental condition of a person;
"primary agricultural products" means any product of the soil, of
stock-farming and of fisheries and game;
"product" means any movable and includes:
                        CONSUMER   AFF AIRS               [CAP. 378.       45
(a) any movable incorporated into another product or into
an immovable,
(b) electricity,
(c) gas, and
(d) primary agricultural products;
"producer" means:
(a) the manufacturer of a finished or processed product, or
(b) the manufacturer of a component part, or
(c) the producer of any raw material, or
(d) the producer of any products of the soil, of stock-
farming and of fisheries and game, or
(e) any person who, by putting his name, trade mark or
other distinguishing feature on the product, presentshimself as its producer, or
(f) where the product is manufactured or produced outside
a Member State, any person who imports into an EEAState a product for sale, hire, leasing or any other formof distribution.
Liability of the 
producer.
Added by:
XXVI. 2000.15.57. The producer shall be liable for the damage caused wholly
or partly by a defect in his product.
Proof of damage 
and defect.
Added by:
XXVI. 2000.15.58. The injured party shall only have the onus of proving the
damage, the defect and the causal relationship between the defe ct
and the damage and shall not have the onus of proving the fault  of
the producer.
Liability of the 
supplier of the product.
Added by:
XXVI. 2000.15.59.(1) The supplier of the product shall be treated as the
producer if -
(a) the producer cannot be identified and the injured party
has asked the supplier to provide the identity and fulladdress of the producer or of the person who suppliedthe supplier with the product, or
(b) in the case of an imported product where the importer
cannot be identified even if the name of the producer isindicated and the injured party has asked the supplierto provide the identity and full address of the importeror of the person who supplied the supplier with theproduct,
and the supplier fails do so within thirty days from when the
request was made to him.
(2) A request under subarticle (1) shall -
(a) be in writing and sent by registered mail or official
letter to the place of trade or business of the supplier;and
(b) indicate the product that caused the damage, the place
from where and, if possible the approximate date,
 46        CAP. 378. ]                          CONSUMER   AFF AIRS  
when it was acquired.
(3) The supplier has the burden of proving that he provided the
injured party with the information required under subarticle (1 )
within the period therein indicated.
Defective product.
Added by:
XXVI. 2000.15.60.(1) A product is defective if it fails to provide the safety
which a person is entitled to expect, taking all circumstances into
account including:
(a) the presentation of the product, how it was marketed,
and any directions and warnings provided,
(b) the use to which it could reasonably be expected that
the product would be put, and
(c) the time when the product was put into circulation.
(2) A product shall not be considered defective only because a
better product is subsequently put into circulation.
(3) A product shall be considered defective if it does not
provide for the safety which is usually provided for by othermodels of the same type.
Damages that are 
recoverable.
Added by:
XXVI. 2000.15.
Amended by:
L.N. 425 of 2007;VI. 2011.97.61. Damages that may be recovered under this Part are:
(a) damages caused by death or by personal injury, or
(b) loss of, damage to, or destruction of, any item of
property other than the defective product itself, havinga value of at least five hundred euro (€500), or suchother value that the Minister may prescribe:
Provided that -
(i) the item of property is of a type ordinarily
intended for private use or consumption, and
(ii) the item of property was used by the injured
party mainly for his own private use orconsumption.
Defences a 
producer may raise.
Added by:
XXVI. 2000.15.62. The producer shall not be liable under this Part if he
proves -
(a) that he did not put the product into circulation, or
(b) that, having regard to the circumstances, it is probable
that the defect which caused the damage did not existat the time when the product was put into circulationby him or that this defect came into being afterwards,or
(c) that the product was neither manufactured by him for
sale or for any form of distribution for an economicpurpose nor manufactured or distributed by him in thecourse of his business or trade, or
(d) that the defect in question is due to compliance with a
mandatory requirement imposed by law or by a publicauthority, or
                        CONSUMER   AFF AIRS               [CAP. 378.       47
(e) that the state of scientific and technical knowledge at
the time when he put the product into circulation wasnot such as to enable the existence of the defect to bediscovered, or
(f) in the case of the manufacturer of a component or the
producer of a raw material, that the defect isattributable to the design of the product in which thecomponent has been fitted or the raw material has beenincorporated or to the instruction given by themanufacturer of the product.
Provisional 
payment of referee.
Added by:
XXVI. 2000.15.Cap. 12.63. The court may, notwithstanding any provisions of the Code
of Organization and Civil Procedure , order that the fees of a referee
be provisionally paid or deposited by the producer if there is prima
facie  evidence that the damage was caused by a defect in the
product. 
Joint and several 
liability.
Added by:
XXVI. 2000.15.64. Where under this Part, two or more persons are liable for
the same damage, they shall be liable jointly and severally.
Contribution to 
damage by injured person.
Added by:
XXVI. 2000.15.Cap. 16.65. Article 1051 of the Civil Code  shall apply in determining
the liability of the producer where the damage is caused by a d efect
in the product and by the fault of the injured person or by a p erson
for whom the injured person is responsible.
Liability if there is 
an act or omission of a third party.
Added by:
XXVI. 2000.15.66. The liability of the producer shall not be reduced when the
damage is caused both by a defect in the product and by the act  or
omission of a third party.
Prescription.
Added by:
XXVI. 2000.15.
Amended by:
VI. 2011.98.67.(1) The action for damages under this Part shall be barred
by the lapse of three years commencing from the day when theinjured party became aware, or should reasonably have becomeaware, of the damage, the defect and the identity of the produc er.
(2) Notwithstanding subarticle (1), the action for damages
under this Part shall in any case be extinguished upon theexpiration of the period of ten years from the date on which th e
producer put into circulation the actual product which caused t he
damage unless the injured party has in the meantime instituted legal
proceedings against the producer.
Cap. 16. (3) Sub-titles I, II and III of Title XXV of the Civil Code
concerning the causes which prevent, suspend and interruptprescription shall apply to actions made under this Part.
(4) The burden of proving when the actual product which
caused the damage was put into circulation shall lie on theproducer.
Prohibition of 
exclusion of liability.
Added by:
XXVI. 2000.15.68. The liability of a producer under this Part may not be
limited or excluded whether by any term of contract, by any not ice
or in any other manner whatsoever.
 48        CAP. 378. ]                          CONSUMER   AFF AIRS  
Other rights of 
action not precluded.
Added by:
XXVI. 2000.15.Cap. 16.69. The provisions under this Part shall not exclude or limit
any rights or remedies available to the injured person under th e
Civil Code  or any other law.
Damages arising 
from nuclear accidents.
Added by:
XXVI. 2000.15.70. The provisions under this Part shall not apply to injury or
damage arising from nuclear accidents which are governed by anyinternational agreement to which Malta is a party.
Application of this 
Part.
Added by:
XXVI. 2000.15.Substituted by:XV . 2006.7.
Amended by:
II. 2008.37.71. This part shall apply to products which are put into
circulation in any Member State as from 1st May, 2004.
Purpose of this 
Part.
Added by:
XV . 2006.8.71A.  The purpose of this Part is to implement the provisions of
Council Directive 85/374/EEC of 25 July 1985 on the
approximation of the laws, regulations and administrative
provisions of the Member States concerning liability for defect ive
products as amended by Directive 1999/34/EC of the European
Parliament and of the Council of 10 May 1999 and this Part shal l be
applied and interpreted accordingly.
Added by:
XXVI. 2000.15.
Amended by:
II. 2008.25.PART X
Sale of goods to consumers
Interpretation.
Added by:
XXVI. 2000.15.
Amended by:
II. 2008.38.72. (1) In this Part unless the context otherwise requires:
"commercial guarantee" means any representation or undertaking
however described or given by a trader or a producer to aconsumer, irrespective of whether given with or without an extr a
charge, to reimburse the price paid or to replace, repair or ha ndle
goods in any way if they do not meet the specifications set out  in
the guarantee statement or in the relevant advertising;
"free of charge" refers to the exclusion of the costs incurred to
bring the goods into conformity with the contract of sale,particularly of the cost of postage, labour and materials, whic h
costs shall accordingly be borne by the trader;
"goods" means any tangible movable item of property;"guarantor" means the person who is responsible to the consumer
for the execution of a commercial guarantee and includes any ot her
person acting for or on behalf of the guarantor;
"producer" means the manufacturer of consumer goods, the
importer of consumer goods into a Member State or any othercountry or group of countries as may, from time to time, bedesignated for this purpose by the Minister by notice in the Ga zette,
or any person purporting to be a producer by placing his name,trade mark or other distinctive sign on the goods;
"repair" means in the event of lack of conformity, the process of
bringing goods into conformity with the contract of sale.
                        CONSUMER   AFF AIRS               [CAP. 378.       49
(2) Contracts for the supply of consumer goods still to be
manufactured or produced shall also be deemed contracts of salefor the purposes of this Part.
(3) The provisions of this Part shall be applicable to contracts
of sale of goods to consumers concluded or executed after thecoming into force of this Part.
Conformity with 
the contract.
Added by:
XXVI. 2000.15.73. (1) Traders are obliged to deliver to consumers, goods
which are in conformity with the description and specifications  in
the contract of sale, and shall accordingly be obliged to ensur e that
the goods -
(a) comply with the description given by the trader and
possess the characteristics, features and qualities ofthe goods which the trader has promised or has shownor otherwise held out to the consumer as a sample ormodel;
(b) are fit for the particular purpose for which the
consumer requires them and which he made known tothe trader at the time of conclusion of the contract;
(c) are fit for the purpose for which goods of the same
type are normally used; and
(d) show the quality and performance which are normal in
goods of the same type and which the consumer canreasonably expect, given the nature of the goods andtaking into account any public statements on thespecific characteristics of the goods made about themby the trader, the producer or his representative,particularly in advertising or on labelling.
(2) The obligations of the trader under subarticle (1) at the
time when the contract was concluded, shall lapse and cease in the
following circumstances:
(a) where the consumer was aware, or could not
reasonably be unaware, of the lack of conformity, or
(b) where the lack of conformity has its origin in materials
supplied by the consumer.
(3) The trader shall be bound by public statements referred to
in subarticle (1)( d) unless he -
(a) shows that he was not, and could not reasonably have
been, aware of the statement in question, or
(b) shows that by the time of conclusion of the contract
the statement had been corrected, or
(c) shows that the decision to buy the goods could not
have been influenced by the statement.
(4) Any lack of conformity resulting from incorrect installation
of the goods shall be deemed to be equivalent to lack of confor mity
of the goods if the installation is part of the contract of sal e of the
goods and the goods were installed by the trader or under hisresponsibility. This shall also apply if the product, intended to be
 50        CAP. 378. ]                          CONSUMER   AFF AIRS  
installed by the consumer, is installed by the consumer and the
incorrect installation is due to a shortcoming in the installat ion
instructions.
Remedies available 
to consumer.
Added by:
XXVI. 2000.15.74. (1) The trader shall be liable to provide a remedy pursuant
to this article to the consumer for any lack of conformity in t he
goods which existed at the time the goods were delivered by thetrader to the consumer. Subject to the other provisions of this  Part,
it shall be for the consumer to decide which remedy to request.
(2) In the case of such a lack of conformity, the consumer shall
be entitled either -
(a) to have the goods brought into conformity free of
charge by repair or replacement, in terms of article75(1), or
(b) to a refund of an appropriate reduction in the price or
by having the contract rescinded with regard to thosegoods, in terms of article 76(1) or (2).
Repair or 
replacement of goods.
Added by:
XXVI. 2000.15.75. (1) Unless it is impossible or disproportionate, the
consumer may, in the first instance, require the trader to repa ir the
goods or else to replace them, in either case free of charge.
(2) A remedy shall be deemed to be disproportionate if it
imposes costs on the trader which, in comparison with thealternative remedies available under this Part, are unreasonabl e,
taking into account -
(a) the value of the goods had there not been lack of
conformity,
(b) the significance of the lack of conformity, and
(c) whether the alternative remedy could be completed
without significant inconvenience to the consumer.
(3) Any repair or replacement shall be completed, as soon as
practicable, within a reasonable time and without any significa nt
inconvenience to the consumer, taking account of the nature of the
goods and the purpose for which the consumer required the goods .
Reduction of price 
or rescission of contract.
Added by:
XXVI. 2000.15.76. (1) The consumer may require an appropriate reduction of
the price or have the contract rescinded -
(a) where the consumer cannot obtain either the remedy of
repair or of replacement, or
(b) if the trader has not completed the remedy of repair or
replacement within a reasonable time, or
(c) if the trader can only provide or complete the remedy
of repair or replacement with significantinconvenience to the consumer.
(2) The consumer is not entitled to have the contract rescinded
if the lack of conformity is minor or insignificant.
                        CONSUMER   AFF AIRS               [CAP. 378.       51
Right of redress of 
final seller.
Added by:
XXVI. 2000.15.77. Where the trader as the final seller of goods is liable to the
consumer because of a lack of conformity resulting from an act or
omission by the producer, a previous seller in the same chain o f
contracts or any other intermediary, the final seller shall be entitled
to pursue remedies against the person or persons liable in thecontractual chain.
Limitation of 
action.
Added by:
XXVI. 2000.15.
Amendeed by:
VI. 2011.99.78. The trader shall be liable under the provisions of articles
73 and 74 where the lack of conformity becomes apparent to theconsumer within two years from the delivery of the goods. Thisperiod shall be suspended for the duration of negotiations carr ied
on between the trader and the consumer with a view to an amicab le
settlement.
Notification of 
trader.
Added by:
XXVI. 2000.15.79. (1) In order to benefit from the remedies available under
this Part, a consumer must notify the trader of any lack ofconformity in writing within two months from the date on whichthe consumer detected such lack of conformity.
(2) For the purposes of this article, it shall be considered
sufficient proof of notification if the notification is made by  a
judicial act within the prescribed period, or if the consumer s hows
that the letter was sent by registered mail within the prescrib ed
period.
Presumption of 
existence of lack of conformity.
Added by:
XXVI. 2000.15.80. Unless proved otherwise, any lack of conformity which
becomes apparent within six months of delivery of the goods sha ll
be presumed to have existed at the time of delivery, where thispresumption is broadly compatible with the nature of the goods or
the nature of the lack of conformity.
Contractual clauses 
not binding if they waive or restrict rights.
Added by:
XXVI. 2000.15.81. Any contractual clauses or agreement concluded by the
consumer with the trader before the lack of conformity is broug ht
to the attention of the trader, are not binding on the consumer  if
such clauses or agreement directly or indirectly waive or restr ict
the rights available under this Part.
Commercial 
guarantee to be more advantageous.
Added by:
XXVI. 2000.15.82. A commercial guarantee is an additional guarantee which
places the beneficiary of such a guarantee in a more advantageo us
position than that established at law. A commercial guarantee s hall
not adversely affect other available remedies under any other l aw
governing contractual or delictual liability.
Requirements for 
commercial 
guarantees.
Added by:
XXVI. 2000.15.83. (1) A commercial guarantee shall be drawn up in written
form in a clear and legible manner, in plain language and it sh all
comply with the following:
(a) be formulated in at least one of the official languages
of Malta;
(b) set out the name and address of the guarantor, and
clearly state the permanent address of the place oftrade or business and the name of the person who issupplying the consumer with the commercialguarantee;
(c) clearly state the contents of the guarantee including its
territorial scope if this is limited as well as theduration of the guarantee from the date of purchase
 52        CAP. 378. ]                          CONSUMER   AFF AIRS  
and different periods may be stipulated for different
components of any goods;
(d) clearly specify the manner how a consumer is to
proceed to make a claim and to obtain execution of the
commercial guarantee, the person authorised toexecute the commercial guarantee and an address inMalta where claims may be sent. If a person who insupplying a commercial guarantee, fails to provide theconsumer with the information required under thisparagraph he shall then be responsible for theexecution of the commercial guarantee at his expense;
(e) clearly state whether the commercial guarantee may be
transferred to others. Unless otherwise stipulated thecommercial guarantee may also be availed of by anysubsequent owners of the goods to which thecommercial guarantee refers:
    Provided that unless the commercial guarantee
specifically states otherwise, it shall be assumed thatin the case of goods, the commercial guarantee coversany defects that may result during the period ofguarantee;
(f) provide a clear description of the goods or services
covered under the commercial guarantee;
(g) clearly stipulate what the guarantor undertakes to do if
there is a defect in the goods covered by thecommercial guarantee or if the services covered by theguarantee are not properly carried out; and
(h) state clearly that the consumer enjoys certain rights at
law in relation to the sale of goods to consumers andthat those rights are not adversely affected by theguarantee.
(2) At the request of the consumer, the trader shall make
available to the consumer the commercial guarantee in writing o r in
another durable medium accessible and available to the consumer .
(3) Where a commercial guarantee does not comply with the
requirements set out in this article, the validity of the guara ntee
shall not be affected and the consumer shall remain entitled toclaim under it and require that it be honoured.
Liability under a 
commercial guarantee.
Added by:
XXVI. 2000.15.84. Where a trader or any other person gives a commercial
guarantee to a consumer, irrespective of when or how it is give n,
then that trader or other person shall be liable to the consume r for
the observance of the terms and execution of the commercialguarantee as if he were the guarantor, unless that trader or ot her
person, as the case may be, proves that he had expressly and cl early
informed the consumer to the contrary at the time of the delive ry of
the goods or performance of the service.
                        CONSUMER   AFF AIRS               [CAP. 378.       53
Commercial 
guarantee shall not exclude rights under other laws.
Added by:
XXVI. 2000.15.
Amended by:
II. 2008.39.85. A commercial guarantee and any rights granted to a
consumer under the guarantee shall not in any way, whetherdirectly or indirectly, exclude or limit the rights of a consum er
under this Act or under any other law. Any such exclusion orlimitation stipulated in violation of this prohibition shall be  null
and ineffective.
Guarantor may ask 
only for charges as stipulated.
Added by:
XXVI. 2000.15.86. A guarantor may not, when performing or executing a
commercial guarantee, request a consumer to pay any fee or anycharge however designated, unless this had been expressly andclearly stipulated in the commercial guarantee.
Cost of carriage.
Added by:
XXVI. 2000.15.87. The guarantor shall assume the cost of any carriage
incurred in respect of the performance of a commercial guarante e
unless otherwise stipulated in the commercial guarantee.
Extension of 
commercial guarantee.
Added by:
XXVI. 2000.15.88. The duration of a commercial guarantee shall be
automatically extended for a period equal to the time during wh ich
the guarantor had the goods or part of the goods in his possess ion in
order to perform or execute the commercial guarantee or as a re sult
of the recall of the goods or part thereof by the manufacturer.
Guarantee by a 
third person.
Added by:
XXVI. 2000.15.89. The designation by the guarantor of a third person to
execute a commercial guarantee does not free the guarantor fromthe obligation towards the consumer pursuant to the commercialguarantee given to the consumer.
Commercial 
guarantee stated in advertisement.
Added by:
XXVI. 2000.15.90. A commercial guarantee whether about goods or services
that is mentioned in a statement or advertisement by any personshall be binding on that person even if such a commercial guara ntee
is not specifically mentioned in the contract of sale.
Rights of action 
under commercial guarantee.
Added by:
XXVI. 2000.15.
Amended by:
L.N. 425 of 2007;VI. 2011.100.91. (1) Without prejudice to any other remedies at law, a
consumer may institute civil proceedings against a guarantor wh o
fails to observe any of the terms or undertakings stipulated in  a
commercial guarantee.
(2) The court may in any civil proceedings instituted under this
Part -
(a) order the guarantor to take such remedial action as
may be necessary to observe the terms of theguarantee, or
(b) order the guarantor to perform his obligations under
the commercial guarantee to its satisfaction withinsuch period as the court may establish. In doing so thecourt may order the guarantor to pay to the consumer asum not exceeding one hundred and twenty euro(€120) for each day of default in case of non-compliance after the lapse of the period established bythe court.
Provisions to 
prevail over other laws.
Added by:
XXVI. 2000.15.92. The provisions of this Part where they are more favourable
to the consumer, shall prevail over the provisions of any other  law.
 54        CAP. 378. ]                          CONSUMER   AFF AIRS  
Replacement parts, 
repair service where goods require maintenance.
Added by:
XXVI. 2000.15.93. (1) If the goods being the object of a contract of sale to a
consumer, are of a nature that may require maintenance, or poss ible
replacement of parts, then replacement parts and appropriate re pair
service must be made available for a reasonable time from the d ate
of the delivery of the goods by the trader to the consumer.
(2) The trader or the producer may release himself from this
obligation by specifically and expressly warning the consumer i n
writing, before the contract is entered into, that he does not supply
replacement parts or repair service.
Protection in case 
of a contract applying the law of a non-Member State.
Added by:
II. 2008.40.93A. The provisions of this Part shall apply notwithstanding any
clause in a contract for the sale of goods to a consumer whichapplies or purports to apply the  law of a non-Member State, if the
contract is concluded in or has a close connection with the ter ritory
of any Member State or such other country or group of countries  as
the Minister may from time to time designate for the purpose of  this
provision by notice published in the Gazette.
Purpose of this 
Part.
Added by:
II. 2008.40.93B. The purpose of this Part is to implement the provisions of
Directive 1999/44/EC of the European Parliament and of the
Council of the 25th May 1999 on certain aspects of the sale ofconsumer goods and associated guarantees and the provisions ofthis Part shall be applied and interpreted accordingly.
Added by:
XXVI. 2000.15.
Amended by:
II. 2008.25.PART XI
Compliance orders
Issue of 
compliance orders.
Added by:
XXVI. 2000.15.
Amended by:
II. 2008.41;
VI. 2011.75;VI. 2011.101.94. Deleted by XVI.2019. 21.
Discretion of 
Director General to issue a compliance order.
Added by:
XXVI. 2000.15.
Amended by:
II. 2008.42;VI. 2011.75, 102.95. Deleted by XVI.2019. 21.
Compliance order 
to take immediate 
effect.
Added by:
XXVI. 2000.15.96. Deleted by XVI.2019. 21.
Application for 
revocation of a compliance order.
Added by:
XXVI. 2000.15.
Amended by:
II. 2008.43;VI. 2011.75, 103.97. Deleted by XVI.2019. 21.
                        CONSUMER   AFF AIRS               [CAP. 378.       55
Cases to be heard 
and determined with urgency.
Added by:
XXVI. 2000.15.Substituted by:II. 2008.44.
Amended by:
VI. 2011.104.98. Deleted by XVI.2019. 21.
No need to prove 
actual loss, etc.
Added by:
XXVI. 2000.15.
Amended by:
VI. 2011.75.99. Deleted by XVI.2019. 21.
Director General to 
seek voluntary compliance.
Added by:
XXVI. 2000.15.
Amended by:
VI. 2011.75.100. Deleted by XVI.2019. 21.
Director General 
may require publication.
Added by:
XXVI. 2000.15.Substituted by:II. 2008.45.
Amended by:
VI. 2011.75.101. Deleted by XVI.2019. 21.
 Added by:
XXVI. 2000.15.
Amended by:
II. 2008.25.Substituted by:XVI.2019.22.PART XII
Investigative powers
Production of 
written authorisation.
Added by:
XXVI. 2000.15.
Amended by:
XV . 2006.9;II. 2008.5, 46;VI. 2011.75.102. (1) The Director General may in writing authorise a
public officer, or with the consent of the Minister, any other person
employed by a body corporate established by law, to perform anyof his functions or exercise any power granted to him under thi s
Act. Any such officer or person shall, when required, produce t he
written authorisation signed by the Director General.
(2) Where there is an exchange of officials from competent
authorities in terms of the 
Consumer Protection Co-operation
Regulation, the Director General may in writing authorise such
officials to perform, in full or in part, any of the functions or
exercise any of the powers granted to him under this Part.
Entry of 
inspection.
Added by:
XXVI. 2000.15.
Amended by:
VI. 2011.75.103. (1) For the purpose of discharging his functions under
this Act, the Director General may -
(a) enter and search any premises other than premises
used exclusively as a place of residence;
(b) make any inspection, conduct any test and on paying
or making tender therefor, take any goods; and
(c) take any books, documents or records however kept or
stored.
No entry and search shall be effected between seven in the
evening and seven in the morning, unless the Director General h as
 56        CAP. 378. ]                          CONSUMER   AFF AIRS  
reason to believe that delay could cause the loss of necessary
information.
(2) Where the Director General takes any book, document or
record under this article, he may retain that book, document orrecord -
(a) for as long as it is necessary to enable it to be
inspected and copies of extracts from it to be made ortaken, or
(b) if it is required as evidence in proceedings for an
offence under this Act or any regulations madethereunder.
(3) The Director General shall give to the person from whom
anything has been taken, a receipt for what has been taken.
(4) If the Director General keeps the original of any book,
document or record, he shall allow the owner thereof to havereasonable access thereto or to a copy thereof as soon aspracticable.
Cap. 9.(5) Nothing in this Part shall be deemed to detract from the
powers of the Police under the Criminal Code  or any other law.
(6) In the course of any entry and search under this Part, the
Director General may request the assistance of the Police.
Obtaining 
information.
Added by:
XXVI. 2000.15.
Amended by:
VI. 2011.75.104. (1) The Director General may, for the purpose of
discharging his functions under this Act, require any person toprovide any information in any manner, including:
(a) by answering any questions, orally or in writing; or
(b) by producing any books, documents or other records as
the Director General may consider to be necessary.
(2) A person shall not be required to answer any question if the
answer may subject him to criminal proceedings.
Mutual assistance 
with other authorities.
Added by:
XV . 2006.10.
Amended by:
II. 2008.5;VI. 2011.75.Cap. 586.104A.  (1) Notwithstanding anything contained in this Act, the
Director General may, in order to carry out his function ascompetent authority under the  
Consumer Protection Co-operation
Regulation, request, receive, disclose and exchange information in
matters of mutual assistance with other competent authorities i n
terms of the  Consumer Protection Co-operation Regulation  and the
Data Protection Act. 
(2) Notwithstanding the provisions of any other law, the
Director General may produce as evidence before any court ortribunal any such information, including documents, findings,statements, certified true copies or intelligence received fromcompetent authorities in terms of subarticle (1).
                        CONSUMER   AFF AIRS               [CAP. 378.       57
Obstruction of 
Director General.
Added by:
XXVI. 2000.15.
Amended by:
II. 2008.47;VI. 2011.75;XVI.2019.23.105. Any person who -
(a) wilfully obstructs, assaults, threatens, resists or
interferes with the Director General or a public officeror an authorised person in the exercise of his dutiesunder this Part, or attempts so to do; or 
(b) uses threatening, abusive or insulting language to the
Director General or a public officer or an authorisedperson in the course of his duties under this Part; or
(c)  provides false or misleading information,
shall on conviction be guilty of an offence against this Act.
Added by:
XVI.2019.24.PART XIIA
Offences, Penalties and related provisions
Offences.
Added by:
XXVI. 2000.15.
Amended by:
L.N. 425 of 2007;II. 2008.48;VI. 2011.105.106. A person found guilty of an offence against this Act or of any
regulation made thereunder shall, unless a different punishment  is
prescribed therefor, on conviction be liable to a fine ( multa ) of not less
than four hundred and seventy euro (€470) and not more than for ty-
seven thousand euro (€47,000).
Administrative 
fines.
Added by:
II. 2008.49.
Amended by:
VI. 2011.75, 106.106A.  (1)  The Civil Court shall impose a penalty upon any
person who is found to have infringed a provision of this Act o r of any
regulation made thereunder for each infringement.
(2) A penalty imposed for an infringement under sub-article (1)
shall not be less than four hundred and seventy euro (€470) and  not
more than forty-seven thousand euro (€47,000):
Provided that in the case of non-compliance with a
compliance order, the Civil Court shall also impose a daily pen alty of
not less than one hundred and twenty euro (€120) and of not mor e than
two hundred and thirty euro (€230) for each day of non-complian ce:
Provided further that in the case of non-compliance with the
decree of the Civil Court ordering an interim measure, the Civi l Court
shall also impose a daily penalty of not less than one hundred and
twenty euro (€120) and of not more than two hundred and thirty euro
(€230) for each day of non-compliance.
(3) Without prejudice to the rules that the Civil Court shall a pply
when determining the penalties in respect of infringements of t he
articles referred to in the Second Schedule, in determining the  amount
of a penalty in respect of infringements of any other provision  of this
Act, of infringements of regulations made under this Act and of
infringements of provisions of other laws administered by the D irector
General, the Civil Court shall in exercising its discretion ens ure that
the penalties imposed are effective, proportionate and dissuasi ve.
Court order.
Added by:
XXVI. 2000.15.107. Deleted by XVI.2019. 21.
 58        CAP. 378. ]                          CONSUMER   AFF AIRS  
Order by the 
Director General.
Added by:
II. 2008.50.
Amended by:
VI. 2011.75.107A.  Deleted by XVI.2019. 21.
Refund of monies 
paid.
Added by:
II. 2008.50.
Amended by:
VI. 2014.8.107B.  Participants, other than those who establish, operate or
promote a pyramid promotional scheme in terms of rule 14 of theFirst Schedule shall be entitled not later than two years from the
date on which they have made the last payment to institute anaction before the ordinary courts to demand a full refund of an y
monies paid by them into the scheme.
Prescription for 
offences and administrative infringements.
Added by:
XXVI. 2000.15.Substituted by:II. 2008.51.108. Deleted by XVI.2019. 21.
Exemption from 
liability.
Added by:
XXVI. 2000.15.
Amended by:
II. 2008.52.Substituted by:VI. 2011.107.109. Deleted by XVI.2019. 21.
Service of orders 
or notices under this Act.
Added by:
XXVI. 2000.15.
Amended by:
II. 2008.53.110. (Deleted by Act VI.2011.108 )
Consumer Affairs 
Appeals Board.
Added by:
II. 2008.54.110A.  (Deleted by Act VI.2011.110 )
Appeal from 
decisions or orders other than the imposition of an administrative fine of the Director General.
Added by:
II. 2008.54.
Amended by:
VI. 2011.75, 111.110B.  Deleted by XVI.2019. 21.
Appeals against an 
administrative fine imposed by the Director General.
Added by:
II. 2008.54.
Amended by:
VI. 2011.75, 112.110C.  Deleted by XVI.2019. 21.
Decisions of the 
Appeals Tribunal.
Added by:
II. 2008.54.
Amended by:
VI. 2011.113.110D.  Deleted by XVI.2019. 21.
                        CONSUMER   AFF AIRS               [CAP. 378.       59
Procedure of the 
Appeals Tribunal.
Added by:
II. 2008.54.
Amended by:
VI. 2011.75, 114.110E.  Deleted by XVI.2019. 21.
Appeal to the 
Court of Appeal.
Added by:
II. 2008.54.
Amended by:
VI. 2011.75, 115.110F.  Deleted by XVI.2019. 21.
Status of decision, 
order or measure pending an appeal before the Appeals 
Tribunal or the 
Court of Appeal.
Added by:
II. 2008.54.
Amended by:
VI. 2011.75, 116.110G.  Deleted by XVI.2019. 21.
Notification and 
publication of decisions.
Added by:
VI. 2011.118.Cap. 510.110H.  Deleted by XVI.2019. 21.
Amended by:
XXVI. 2000.14.II. 2008.25;VI. 2011.118.Deleted by:VI. 2014.9.PART XIII
Miscellaneous
Prime Minister 
may extend operation of articles 10, 12, 12A and Parts IIA, IIB, XII and XIIA to other laws.
Amended by: 
XIX.1996.10;XXVI. 2000.14;VI. 2011.75.Substituted by:XVI.2019.26.111. The Prime Minister may, by order in the Gazette, direct that
the provisions of articles 10, 12, 12A and Parts IIA, IIB, XII and XIIA
shall apply to offences and, or infringements under any other l aw
administered by the Director General, or under any law wherebymaximum prices for goods or services are fixed, or whereby mini mum
standards are fixed for goods or services.
Refund of monies 
paid.112. Participants, other than those who establish, operate or
promote a pyramid promotional scheme in terms of rule 14 of the  First
Schedule, shall be entitled not later than two years from the d ate on
which they have made the last payment to institute an action be fore the
ordinary courts to demand a full refund of any monies paid by t hem
into the scheme.
Exemption from 
liability.113. No action shall lie against the Director General, or any of
his officers or any authorised person acting under his discreti on or
control, or against any member of the Council, for any act or o mission
in connection with this Act or any regulations made thereunder,  unless
such act or omission was done in bad faith.
 60        CAP. 378. ]                          CONSUMER   AFF AIRS  
Prescription for 
judicial proceedings and for offences.114. The institution of judicial proceedings and the prosecution
of an offence under this Act or any regulations made thereunder , shall
be prescribed by the lapse of five years from the date on which  the
infringement or the offence is alleged to have been committed.
No precautionary 
warrant.
Cap. 510.115. No precautionary warrant or other order under any other law
shall be issued by any court or tribunal restraining or restric ting the
Director General in the exercise of his functions under this Ac t and
under the Malta Competition and Consumer Affairs Authority Act.
                        CONSUMER   AFF AIRS               [CAP. 378.       61
 62        CAP. 378. ]                          CONSUMER   AFF AIRS  
Commercial Practices which are ipso jure  unfair
Misleading commercial practices
1. Claiming to be a signatory to a code of conduct when the trad er is not.
2. Displaying a trust mark, quality mark or equivalent without h aving obtained
the necessary authorisation.
3. Claiming that a code of conduct has an endorsement from a pub lic or other
body which it does not have.
4. Claiming that a trader, including his commercial practices, o r a product has
been approved, endorsed or authorised by a public or private bo dy when he has not,
or making such a claim without complying with the terms of the approval,
endorsement or authorisation.
5. Making an invitation to purchase products at a specified pric e without
disclosing the existence of any reasonable grounds the trader m ay have for believing
that he will not be able to offer for supply or to procure anot her trader to supply,
those products or equivalent products at that price for a perio d that is, and in
quantities that are, reasonable having regard to the product, t he scale of advertising
of the product and the price offered (bait advertising).
6. Making an invitation to purchase products at a specified pric e and then:
(a) refusing to show the advertised item to consumers; or
(b) refusing to take orders for it or deliver it within a reasonab le time; or
(c) demonstrating a defective sample of it, with the intention of promoting
a different product (bait and switch).
7. Falsely stating that a product will only be available for a v ery limited time,
or that it will only be available on particular terms for a ver y limited time, in order to
elicit an immediate decision and deprive consumers of sufficien t opportunity or time
to make an informed choice.
8. Undertaking to provide after-sales service to consumers with whom the
trader has communicated prior to a transaction in a language wh ich is not an official
language of the Member State where the trader is located and th en making such
service available only in another language without clearly disc losing this to the
consumer before the consumer is committed to the transaction.
9. Stating or otherwise creating the impression that a product c an legally be
sold when it cannot.
10. Presenting rights given to consumers by law as a distinctive  feature of the
trader’s offer.
11. Without prejudice to the provisions of the Broadcasting Act (Cap. 350) and
any regulations made thereunder, using editorial content in the  media to promote a
product where a trader has paid for the promotion without makin g that clear in the
content or by images or sounds clearly identifiable by the cons umer (advertorial).
12. Making a materially inaccurate claim concerning the nature a nd extent of the
risk to the personal safety or security of the consumer or his family if the consumerAdded by:
II. 2008.55.
Amended by:
VI. 2014.10;XVI.2019.27.FIRST SCHEDULE
(Article 51B(4))
                        CONSUMER   AFF AIRS               [CAP. 378.       63
does not purchase the product.
13. Promoting a product similar to a product made by a particula r manufacturer
in such a manner as deliberately to mislead the consumer into b elieving that the
product is made by that same manufacturer when it is not.
14. Establishing, operating or promoting a pyramid promotional s cheme where a
consumer gives consideration for the opportunity to receive com pensation that is
derived primarily from the introduction of other consumers into  the scheme rather
than from the sale or consumption of products.
15. Claiming that the trader is about to cease trading or move p remises when he
is not.
16. Claiming that products are able to facilitate winning in gam es of chance.
17. Falsely claiming that a product is able to cure illnesses, d ysfunction or
malformations.
18. Passing on materially inaccurate information on market condi tions or on the
possibility of finding the product, with the intention of induc ing the consumer to
acquire the product at conditions less favourable than normal m arket conditions.
19. Claiming in a commercial practice to offer a competition or prize promotion
without awarding the prizes described or a reasonable equivalen t.
20. Describing a product as "gratis", "free", "without charge" o r similar if the
consumer has to pay anything other than the unavoidable cost of  responding to the
commercial practice and collecting or paying for delivery of th e item.
21. Including in marketing material an invoice or similar docume nt seeking
payment which gives the consumer the impression that he has alr eady ordered the
marketed product when he has not.
22. Falsely claiming or creating the impression that the trader is not acting for
purposes relating to his trade, business, craft or profession, or falsely representing
oneself as a consumer.
23. Creating the false impression that after-sales service in re lation to a product
is available in a Member State other than the one in which the product is sold.
Aggressive commercial practices
24. Creating the impression that the consumer cannot leave the p remises until a
contract is formed.
25. Conducting personal visits to the consumer’s home ignoring t he consumer’s
request to leave or not to return except in circumstances and t o the extent justified,
under national law, to enforce a contractual obligation.
26. Making persistent and unwanted solicitations by telephone, f ax, e-mail or
other remote media except in circumstances and to the extent ju stified under national
law to enforce a contractual obligation. This is without prejud ice to the Data
Protection Act (Cap. 586) and the Processing of Personal Data (Electronic
Communications Sector) Regulations  (S.L. 586.01).
27. Requiring a consumer who wishes to claim on an insurance pol icy to
produce documents which could not reasonably be considered rele vant in
determining whether the claim was valid, or failing systematica lly to respond to
pertinent correspondence, in order to dissuade a consumer from exercising his
contractual rights.
28. Including in an advertisement a direct exhortation to childr en to buy
 64        CAP. 378. ]                          CONSUMER   AFF AIRS  
advertised products or persuade their parents or other adults t o buy advertised
products for them. This provision is without prejudice to rule 6 of the Broadcasting
Code for the Protection of Minors  (S.L. 350.05).
29. Demanding immediate or deferred payment for, or the return o r safekeeping
of, products supplied by the trader, but not solicited by the c onsumer (inertia
selling).
30. Explicitly informing a consumer that if he does not buy the product or
service, the trader’s job or livelihood will be in jeopardy.
31. Creating the false impression that the consumer has already won, will win,
or will on doing a particular act win, a prize or other equival ent benefit, when in fact
either:
- there is no prize or other equivalent benefit, or
- taking any action in relation to claiming the prize or other e quivalent
benefit is subject to the consumer paying money or incurring a cost.
SECOND SCHEDULE
(Article 106A(3))
Penalties
1. In determining the amount of the penalty specified in article  106A, in respect
of the infringements of the articles referred to in this Schedu le, and without
prejudice to the provisions of article 106A(3), the Civil Court  shall also be
guided by the following considerations.
Infringements under article 51F
2. For each infringement under article 51F, the basic amount of the penalty shall
be two thousand three hundred and fifty euro (€2,350):
Provided that the Civil Court may, in establishing the penalty,  take into
account circumstances that may lead to an increase or decrease in the basic
amount:
Provided further that the Civil Court shall do so on the basis of an overall
assessment which takes into account all the relevant circumstan ces.
3. The Civil Court may impose a higher penalty than the basic am ount where
there are aggravating circumstances, having regard to the gravi ty and duration
of the infringement and, or the amount of gains improperly made  as a result ofAdded by:
II. 2008.56.
Amended by:
VI. 2011.75, 119;VI. 2014.11.Substituted by:XVI.2019.28.SECOND SCHEDULE
(Article 106A(3))
                        CONSUMER   AFF AIRS               [CAP. 378.       65
the infringement.
4. Without prejudice to the generality of rule 3, the following shall in all cases be
deemed as aggravating circumstances:
- where the infringement is an unfair commercial practice listed  i n
the First Schedule, the basic amount shall be increased by a su m
not less than one thousand seven hundred and fifty euro (€1,750 )
and not more than four thousand six hundred and fifty euro(€4,650);
-  in the case of a second or subsequent infringement, the basic
amount shall be increased by two thousand three hundred and fif ty
euro (€2,350) for each and every subsequent infringement;
- where the practice or scheme constituting the infringement is  the
principal means by which the trader runs or operates his busine ss,
the basic amount shall be increased by a sum not less than onethousand seven hundred and fifty euro (€1,750) and not more tha n
four thousand six hundred and fifty euro (€4,650);
- where the practice or scheme constituting the infringement is
specifically targeting vulnerable consumers, the basic amount s hall
be increased by two thousand three hundred and fifty euro(€2,350);
- where the unfair commercial practice is accompanied by any of the
factors listed in article 51E(2) of the Act, the basic amount s hall be
increased by a sum not less than one thousand seven hundred andfifty euro (€1,750) and not more than four thousand six hundredand fifty euro (€4,650).
5. The basic amount of the penalty may be decreased where the Ci vil Court finds
that there are mitigating circumstances, in particular:
-  where the defendant provides evidence that he terminated the
unfair commercial practice constituting the infringement as soo n as
the Director General commenced investigations under article 12,the basic amount shall be decreased by not more than twenty per
centum ;
-  where the defendant provides evidence that he has taken adequ ate
steps to reduce the negative effects of the infringements, the basic
amount shall be decreased by not more than ten per centum .
6. The final amount of the penalty for each and every infringeme nt, shall not, in
any event, exceed forty-seven thousand euro (€47,000) or be low er than four
hundred and seventy euro (€470).
Infringements under article 12A
 66        CAP. 378. ]                          CONSUMER   AFF AIRS  
7. For the infringement referred to in article 12A, the amount o f the penalty shall
not be less than four thousand six hundred and fifty euro (€4,6 50) and not more
than eleven thousand six hundred and fifty euro (€11,650).
Infringements under article 12E
8. For the infringement referred to in article 12E, the amount o f the penalty shall
not be less than four thousand six hundred and fifty euro (€4,6 50) and not more
than eleven thousand six hundred and fifty euro (€11,650):
Provided that in the case of non-compliance with the decree of the Civil Court
ordering an interim measure, the Civil Court shall also impose a daily penalty
of not less than one hundred and twenty euro (€120) and of not more than two
hundred and thirty euro (€230) for each day of non-compliance.
Infringements under article 12G
9. For the infringement referred to in article 12G, the amount o f the penalty shall
not be less than four thousand six hundred and fifty euro (€4,6 50) and not more
than twenty-three thousand three hundred euro (€23,300):
Provided that in the case of non-compliance with a compliance o rder, the Civil
Court shall also impose a daily penalty of not less than one hu ndred and twenty euro
(€120) and of not more than two hundred and thirty euro (€230) for each day of non-
compliance.
In accordance with the provisions of article 43C, the following  public entity is
being designated to perform the functions of a residual ADR ent ity: 
The Complaints and Conciliation Directorate established under t he Fourth
Schedule of the Malta Competition and Consumer Affairs Act (Cap . 510).Added by:
XXX. 2015.6.THIRD SCHEDULE
(Article 43C)