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The Law On The Procedure For Cross-Border Ban

Original Language Title: Laki rajat ylittävästä kieltomenettelystä

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Law on the cross-border linguistic procedure

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1 (27.8.2010/753)
Scope

This law provides for:

(1) the right of a foreign authority and organisation to initiate in Finland Directive 2009 /22/EC of the European Parliament and of the Council on injunctions for the protection of consumers' interests, hereinafter referred to as: The Prohibition Directive , for an injunction, if the activities of Finland are contrary to the Directives referred to in Article 2 (2) or to the articles of the Directives as implemented at national level in the future law;

(2) the right of the Finnish authority and association to initiate an injunction in another Member State of the European Economic Area (hereinafter referred to as: EEA State , where the activities of this State are contrary to the Directives referred to in paragraph 2 or to the articles of the Directives as they have been implemented at national level in the future law.

The Directives and the Directives referred to in paragraph 1 are:

(1) unfair business-to-consumer commercial practices in the internal market and Council Directive 84 /450/EEC, Directives 97 /7/EC, 98 /27/EC and 2002 /65/EC of the European Parliament and of the Council and of the European Parliament And Directive 2005 /29/ec of the European Parliament and of the Council amending Council Regulation (EC) No 2006/2004 (Unfair Commercial Practices Directive);

(2) Council Directive 85 /577/eec on consumer protection in respect of contracts negotiated away from business premises;

3) Directive 2008 /48/EC of the European Parliament and of the Council on credit agreements for consumers and repealing Council Directive 87 /102/EEC;

(4) Articles 19 to 26 of Council Directive 89 /552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as set out in Directive 2007 /65/EC;

(5) Council Directive 90 /314/EC on package travel, package holidays and package tours;

(6) Articles 86 to 100 of Directive 2001 /83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use;

7) Council Directive 93 /13/EEC on unfair terms in consumer contracts;

(8) Directive 2008 /122/EC of the European Parliament and of the Council concerning the protection of consumers in respect of certain aspects of timeshare, long-term holiday products, resale and exchange contracts; (11.3.2011/228)

(9) Directive 97 /7/EC of the European Parliament and of the Council on consumer protection in distance contracts;

(10) Directive 1999 /44/ECof the European Parliament and of the Council on certain aspects of the sale of consumer goods and associated guarantees;

(11) Directive 2000 /31/EC of the European Parliament and of the Council on certain legal aspects of information society services, in particular electronic commerce, in the internal market ("Directive on electronic commerce");

(12) Directive 2002/65/EC of the European Parliament and of the Council amending Council Directive 90 /619/EEC and amending Council Directive 90 /619/EEC and Directives 97 /7/EC and 98 /27/EC;

(13) Directive 2006 /123/EC of the European Parliament and of the Council on services in the internal market.

ARTICLE 2
Access to justice of the foreign authority and organisation in Finland

The foreign authority and organisation listed in Article 4 (3) of the Prohibition Directive shall be entitled to require a prohibition of the activities referred to in Article 1 (1) (1) where the activities of the authority or organisation infringe the Protected consumers' general interests.

The requirement referred to in paragraph 1 shall be dealt with by market law. However, pursuant to Article 1 (2) (4) of the Directive, the prohibition of action against the directive referred to in Article 21 of the Directive, as referred to in Article 21 (6) of the Directive, shall, however, deal with the safety and development centre of the pharmaceutical sector, as in the (185/1987) And Article 7 of the Directive on the prohibition of action against Article 7 of the Directive, as set out in the Act on the Suppression of Manufactures (139/2008) Provides. (30.11.2012/679)

The Consumer Ombudsman may act as a lawyer or assistant to a foreign authority or organisation for the purposes of paragraph 1 when dealing with market law. (2001/1533)

ARTICLE 3 (2001/1533)
Determination of the prohibition and correction

Market law may, upon application by a foreign authority or an organisation, prohibit, where it is necessary for consumer protection, the trader from continuing the activities referred to in Article 1 (1) (1), or renewing it or Comparable activities. The prohibition shall be made more effective by periodic penalty payments, unless it is unnecessary. A prohibition may, if there is a particular reason, also apply to the trader's service or to another which acts on his behalf.

The prohibition may also be imposed on a temporary basis, in which case the prohibition shall remain in force until the matter has been definitively resolved.

When imposing a ban on the market, the prohibition may impose an obligation on the trader to correct the unlawful conduct if it is necessary, in view of the obvious harm caused to the consumer. This provision can be made more effective by periodic penalty payments.

The conduct of the proceedings in market law is governed by the law on the conduct of court proceedings (100/2013) . (31.1.2013/135)

§ 4
Access to justice in another EEA State

The Consumer Ombudsman, the Agency for the Safety and Development of the Medicines Agency, the Social and Health Authorisation and Control Agency, the Competition and Consumer Agency, the Communications Office and the Financial Supervisory Authority are entitled to exercise their powers of control To require a prohibition of the activities referred to in Article 1 (1) (2), where the operation is an infringement of the general interests of consumers protected by the Authority in Finland. (30.11.2012/679)

If a consumer ombudsman in the case of a supervisory authority refuses to initiate the case, the right of access to the initiation shall be by a Finnish registered association acting in order to control the interests of consumers.

§ 5
Notification obligation

The Ministry of Justice shall notify the authorities referred to in Article 4 and the associations referred to therein and their tasks to the Commission of the European Communities for the list referred to in Article 4 (3) of the Injunctions Directive.

ARTICLE 6
Entry into force

This Act shall enter into force on 1 January 2001.

THEY 178/2000 , TaVM 36/2000, EV 183/2000, European Parliament and Council Directive 98 /27/EC (31998L0027); OJ L 166, 11.6.1998, p. 51

Entry into force and application of amending acts:

28.12.2001/15:

This Act shall enter into force on 1 March 2002.

Before the law enters into force, measures may be taken to implement the law.

THEY 105/2001 , LaVM 23/2001, EV 191/2001

21.1.2005/31:

This Act shall enter into force on 1 April 2005.

THEY 122/2004 , TaVM 20/2004, EV 166/2004, Directive 2002/65/EC of the European Parliament and of the Council (32002L0065); OJ L 271, 9.10.2002, p. 16

16.10.2009/78:

This Act shall enter into force on 1 November 2009.

Before the law enters into force, measures may be taken to implement the law.

THEY 166/2009 , StVM 28/2009, EV 122/2009

22.12.2009/1167

This Act shall enter into force on 28 December 2009.

THEY 216/2009 , TaVM 22/2009, EV 213/2009, Directive 2006 /123/EC of the European Parliament and of the Council (32006L0123); OJ L 376, 27.12.2006, p. 36

27.8.2010/75:

This Act shall enter into force on 1 December 2010.

THEY 24/2010 , TaVM 10/2010, EV 89/2010, European Parliament and Council Directive 2008 /48/EC (308L0048); OJ L 133, 22.5.2008, p. 66, European Parliament and Council Directive 2009 /22/EC (309L0022); OJ L 110, 1.5.2009, p. 30

11.3.2011/228:

This Act shall enter into force on 15 June 2011.

THEY 220/2010 , TaVM 39/2010, EV 289/2010, Directive 2008 /122/EC of the European Parliament and of the Council (32008L0122); OJ L 33, 3.2.2009, p. 10

30.11.2012/679:

This Act shall enter into force on 1 January 2013.

THEY 108/2012 , TaVM 9/2012, EV 98/2012

31.1.2013/135:

This Act shall enter into force on 1 September 2013.

Before the law enters into force, action can be taken to enforce the law.

THEY 124/2012 , LaVM 15/2012, EV 158/2012