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26 MAI 2002. - Consumer Interest Protection Act (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
It aims to transpose Directive 98/27/EC of the European Parliament and the Council of 19 May 1998 on end-of-service consumer protection actions.
Art. 2. For the purposes of this Act:
1st offence: any act that infringes the collective interests of consumers and that is contrary to:
(a) the provisions listed in the annex to this Act;
(b) the provisions of a Member State of the European Union having transposed the directives referred to in the annex to the directive referred to in Article 1^er;
2° Qualified entity: any organization constituted in accordance with the right of a Member State of the European Union, having a legitimate interest in bringing an action to a cessation of an offence in order to protect the collective interests of consumers, under the criteria established by the law of that Member State;
3° liberal profession: any independent professional activity of service delivery or supply of goods, which does not constitute an act of trade or craft activity referred to in the Act of 18 March 1965 on the register of handicrafts and which is not covered by the Act of 14 July 1991 on trade practices and information and consumer protection, excluding agricultural and livestock activities;
4° the Minister: the Minister or Ministers having the protection of consumers in his or her powers.
Art. 3. This Act does not apply to liberal professions.
Art. 4. In the event of an offence originating in Belgium and having effects in another Member State of the European Union, any qualified entity of that other Member State may bring an action on cessation before the President of the Brussels Commercial Court to stop or prohibit the offence if the following conditions are met:
1° the interests protected by this qualified entity are adversely affected by the offence;
2° the said entity is on the list of qualified entities established by the European Commission and published in the Official Journal of the European Communities.
Art. 5. The qualified entities of Belgium are associations whose purpose is to defend the collective interests of consumers, who enjoy civil personality and who are represented on the Consumption Council or are approved by the Minister according to criteria determined by deliberate decree in the Council of Ministers.
At the request of the qualified entities of Belgium, the Minister communicates the list of them to the European Commission, as well as their purpose and name.
Art. 6. The president of the Brussels Commercial Court notes the existence and orders the cessation of an offence.
Art. 7. The President of the Brussels Commercial Court accepts the list of qualified entities referred to in Article 4 as evidence of the ability to act as a qualified entity, without prejudice to its right to examine if the purpose of the qualified entity justifies the fact that it is bringing an action in a particular case.
By derogation from sections 17 and 18 of the Judiciary Code, qualified entities may sue for the purpose of defending the collective interests of consumers, provided that the conditions set out in section 4 are met.
Art. 8. When the facts are the subject of a cessation action, it can only be ruled on criminal action after a decision cast in force as to the action in cessation.
Art. 9. Cessation action is formed and instructed according to the forms of the referee.
It can be filed by request. It is filed or transmitted by registered letter in four copies to the Registry of the Brussels Commercial Court.
The Registrar of the Brussels Commercial Court shall call without delay and by judicial fold, the opposing party to appear in a period between three and eight days from the date of sending this fold, to which is attached a copy of the introductory request. In case of invalidity, the request contains:
1° its full date (day, month and year);
2° the name or name of the applicant and his domicile;
3° the name or name and address of the natural or legal person against whom the action is formed;
4° the object and presentation of the means of the action;
5° the signature of the applicant or his representative.
The judgment is enforceable by provision, notwithstanding any appeal and without bail.
A copy of any decision relating to an action based on section 4 is, in the eighties, and the diligence of the Clerk transmitted to the Minister.
Art. 10. The President of the Brussels Trade Tribunal may order the publication of his judgment or the summary that he prepares by press, posting or otherwise at the expense of the offender.
It may also, under the same conditions, order the publication of a rectificative declaration.
Art. 11. Those who do not comply with the orders referred to in Article 10, paragraph 1^er and 2, are punished with a fine of EUR 1,000 to EUR 20,000.
Art. 12. Section 589 of the Judicial Code, as amended by the Acts of 4 December 1990, 12 June 1991 and 11 April 1999, is supplemented by the following provision:
"7° to section 4 of the Act of 26 May 2002 on intra-community cessation shares in consumer interests protection. »
Art. 13. Section 627 of the Judicial Code, last amended by the Act of 22 April 1999, is supplemented by the following provision:
"16° the president of the Brussels Commercial Court when it is an application under section 4 of the Act of 26 May 2002 on intra-community cessation actions in the protection of consumer interests. »
Art. 14. The King may adapt the provisions listed in the Schedule to this Act to take into account any amendments to the Schedule to the directive referred to in section 1^er.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 26 May 2002.
ALBERT
By the King:
Minister of Consumer Protection,
Ms. M. AELVOET
Minister of Justice,
Mr. VERWILGHEN
Minister of Economy,
Ch. PICQUE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 2001/2002.
House of Representatives.
Parliamentary documents. - Bill, 50-1479 - No. 1. - Report of the Commission on Economics, Scientific Policy, Education, National Scientific and Cultural Institutions, Average Classes and Agriculture, 50-1479 - No. 2. - Text adopted by the Commission on Economics, Scientific Policy, Education, Scientific and Cultural Institutions, Average Classes and Agriculture, 50-1479 - No. 3. - Text adopted in plenary and transmitted to the Senate, 50-1479 - No. 4. - Coordinated text, 50-1479 - No. 5.
Annales parliamentarians. - Full report of 7 March 2002.
Senate.
Documents of the Senate. - Project not referred to by the Senate, No. 2-1067/1.