Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
This law provides for the powers of market law, the outcome of the proceedings and the treatment of market law, as well as the appeal to a solution of market law.
The quorum and functioning of market law are governed by the Law on Market Law (99/2013) .
Market law deals with Competition and control issues Matters which are laid down within its competence:
1) in competition law (198/2011) ;
(2) electricity market (19/08/2013) ; (9.8.2010)
(3) natural gas market (508/2000) ;
(3a) the Law on the supervision of the electricity and natural gas markets; (18/04/2013) ; (9.8.2010)
(4) railway law (204/2011) ;
(5) the law on airport networks and charges; (210/2011) ;
(6) carbon capture and storage legislation; (416/2012) ;
7) Financial supervision law (878/2008) ; (17/04/2013)
(8) the law of authorised industrial ombudsmen (22/2014) . (17/04/2013)
As regards competition and supervision, the market law shall also cover the following:
(1) communications market (393/2003) Matters concerning the imposition of a penalty fee referred to in Article 122;
(2) television and radio (18/04/1998) Cases concerning the imposition of a penalty fee referred to in Article 36a;
(3) the law on the balance between electricity production and consumption (2006) Complaints pursuant to Article 21 (3) concerning decisions of the Energy Market Agency.
Market law deals with Procurement matters Matters which are laid down within its competence:
(1) Law on public procurement (168/2007) ;
(2) Law on the procurement of entities operating in the water, energy, transport and postal services sectors; (169/2007) ;
(3) the law on electronic auctions and the dynamic purchasing system; (2006) ;
(4) public defence and security procurement law; (191/2011) ;
(5) public transport (869/2009) ;
(6) law on the taking into account of the energy and environmental impact of vehicles in public procurement (13/09/2011) .
The market law also deals with complaints concerning the decisions of the Energy Market Agency in accordance with Article 21 (2) of the Law on the equilibrium between electricity production and consumption, as laid down in its competence.
Market law deals with Intellectual property rights Matters which are laid down within its competence:
1) in patent law (550/1967) ;
2) the law on the right to inventions by an employee; (656/1967) ;
(3) the law on the right to work in universities; (169/2006) ;
4) by law on inventions relevant to the defence of land (551/1967) ;
5) Law on utility model law; (1988 TO 1991) ;
(6) Law on the exclusive right to an integrated circuit model (1999) ;
(7) trademark law (1997) ;
(8) in the Common Marker (795/1980) ;
(9) model rights law; (20,1971) ;
(10) Operator (128/1979) ;
(11) trade register (129/1979) ;
12) in the Act on the Government of patents and registries (175/1992) ;
13) by law on plant variety rights; (1279/2009) ;
14) in the domain name law (2003) ;
(15) copyright law (104/1961) .
As regards intellectual property rights, the market law is also dealt with by the law on unfair business practices (18/01/1978) The disputes which fall within its competence.
The market right shall, in addition to intellectual property rights, deal with matters falling within its competence In Chapter 7 of the Court of Justice And the law on the protection of evidence in disputes relating to intellectual property rights (344/2000) .
L on a patent and registration board 575/1992 Has been repealed by L 578/2013 . See. L-Patents and registries 578/2013 Articles 6 and 7. Network code: 228/2003 Has been repealed by the Information Society 917/2014 . See. Information Society Island 917/2014 21 .
In the event of a dispute within the meaning of Article 4 (1) (1) to (10), (13) or (15) or (2), the market law may also examine any other dispute if the claimant raises the same defendant or different Against the defendants and the actions are essentially the result of the same criterion. For specific reasons, the market law may examine that other dispute, even if the application for which it refers has not been brought together. This should be raised before the preparation is In Chapter 5 of the Court of Justice In accordance with Article 28 (1), or before In Chapter 5 of the Court of Justice The period laid down in accordance with Article 22 has expired if such a period is set for the party concerned.
In the event of a dispute within the meaning of Article 4 (1) (1), (1), (13) or (15) or (2), the market law may also examine, in the event of a dispute falling within its competence, a counterclaim against the defendant, if it relates to: The same or the same connection as the original action.
The provisions of paragraphs 1 and 2 shall, however, be subject to the absence of any agreement between the parties to the jurisdiction of the parties or the exclusive jurisdiction of the court.
The market law shall remain competent to examine the matter referred to in paragraphs 1 and 2, even if, in the circumstances of the establishment of the powers, there is a change after the initiation.
Market law deals with In matters of market law Matters which are laid down within its competence:
1) Consumer protection (38/1978) ;
2) The Act on Competition and Consumer Protection (24/01/2012) ;
(3) Law on the provision of services (18/06/2009) ;
(4) the law on the recovery of claims (513/1999) ;
5) in the payment service (190/2010) ;
6) in the raffle law (1047/2001) ;
(7) in the cooperative (1488/2001) ;
(8) Law on the regulation of contractual terms between traders (18/02/1993) ;
(9) Law on the conditions of payment of commercial contracts (30/2013) ;
(10) Law on cross-border linguistic arrangements (189/2000) ;
(11) alcoholic beverages (1143/1994) ;
(12) tobacco products (693/1976) .
The market law shall also deal in matters of market law with the following provisions:
(1) cases concerning the imposition of a prohibition as referred to in Article 6 of the Act on unfair practices;
(2) matters relating to the prohibition decisions of the Communications Office referred to in Article 121a of the Communications Market Act and the matters relating to the decisions of the consumer ombudsman referred to in Article 121b or the closure of the service;
(3) The matters covered by the consumer ombudsman's supervision in accordance with Article 36 of the Broadcasting Act.
Cooperative L 1488/2001 Has been repealed by Cooperative L 42/2013 . Communication market L 393/2003 And L for television and radio 744/1998 Have been repealed by the Information Society 917/2014 .
Articles 10 and 11 and Article 14 of Chapter 4 provide for the submission of the preparatory session and the oral procedure in the field of competition and control.
Otherwise, in so far as the laws referred to in Article 2 of Chapter 1 do not provide otherwise, competition and control issues shall be dealt with in market law, as in the case of administrative law (18/06/1996) Provides.
Article 4 (10) and (11) and Article 14 of Chapter 4 provide for the submission of the preparatory session and the oral procedure for procurement.
Otherwise, in so far as the laws mentioned in Article 3 of Chapter 1 do not provide otherwise, the procurement matters shall be dealt with in market law as provided for in the Administrative Law.
In the laws referred to in Article 4 (1) (1) and (5) to (14) of Chapter 1 ( Complaint box ), in which the Patents and Registration Board or other competent authority ( The registration authority ) , shall be dealt with in market law as provided for in Articles 2 to 16.
In accordance with Article 4 (1) (1) to (10), (13) and (15) and in the laws referred to in Article 4 (1) (2), the dispute or application dossier ( An intellectual property dispute or an application ) And the dispute referred to in Article 5 of that Chapter shall be governed by market law as provided for in Articles 17 to 24.
The complaint concerning the decision of the Authority shall be dealt with and settled on the basis of a complaint in market law, on the basis of a complaint, the contested decision and any other written procedural material.
The handling of the complaint may be supplemented by a preparatory session, an oral hearing or a review.
The appeal against the decision of the registry authority and of the appellants and of the appeal shall be governed by the laws referred to in Article 4 (1) (1) and (5) to (14).
The preparation of a complaint in market law begins when the appeal comes to market law.
The market law may, separately, prepare a separate part of the complaint or a question of trial.
The quality of the preparation shall be based on:
(1) where the decision of the registration authority is sought;
(2) what requirements are set out in market law and what criteria are invoked in support of the requirements;
(3) the dispute between the parties to the proceedings in relation to market law; and
(4) what evidence is presented in market law and what is to be proven in each case.
In the case of a deficiency complaint, the provisions of Article 28 of the Law on Administrative Law apply.
For specific reasons, the market law can be reserved for the appellant, whose appeal is still incomplete, and a further opportunity to complete the appeal in the period prescribed by the market law.
If the appellant fails to comply with the request and the complaint is so incomplete that it does not serve as a basis for legal proceedings in market law, the appeal is inadmissible. In calling for the appellant to complete its appeal, the market law must at the same time indicate the penalty for failure to act.
The market law shall invite the party to the appellant to give a written reply to the complaint in the period prescribed by market law. In the request, the market law may determine which question to be answered in particular. In addition, in the context of the request, the market law must inform the party concerned of the complaint and the accompanying documents.
The market law may resolve the matter, even if the respondent's opposing party has not given a reply within the prescribed period. At the same time, when calling on the complainant to issue a reply, the market law must at the same time indicate what the penalty may be for non-compliance.
However, the reply does not need to be requested if the appeal is inadmissible or rejected immediately or if the request for an answer is manifestly unnecessary.
A statement of objection which is addressed to a market law shall be notified:
1) the case in which the answer is given;
(2) the applicant's understanding of the appellant's requirements and the reasons therefor;
(3) the criteria on which the respondent relies;
4) the evidence which the respondent intends to present and what each evidence is intended to prove.
In addition, the information provided in the statement of objection and the signature of it shall be subject to the provisions of Article 24 of the Law on Administrative Law. The statement of reply shall be accompanied by the documents relied on by the person lodging the reply, unless they have already been forwarded to the registry authority.
Where appropriate, the market law may reserve the opportunity for an answer to supplement the reply within the time prescribed by market law.
The market law shall require the registration authority to deliver an opinion on the complaint in the period prescribed by the market law. In the request, the market law may determine which issue to be addressed in particular.
The market law may resolve the matter, even if the registry authority has not provided the requested opinion within the deadline. In order to request the registration authority to issue an opinion, the market law must at the same time indicate the penalty for failure to give an opinion.
However, there is no need to request a statement if it is unnecessary.
In its opinion, the registry authority shall state its views on the requirements set out in the complaint and the reasons therefor. At the request of a market law, the registry authority shall forward to market law the documents on which the contested decision was based and the other necessary documents.
The market law may invite the party or the registration authority to submit a written statement to market law within the period prescribed by the market law. In such a case, the market law shall determine the question on which the party to the proceedings must speak.
The market law can resolve the matter, even if the party to the proceedings has not given a statement by the deadline. At the same time, when calling on the parties to the proceedings to make a statement, the market law must at the same time indicate the penalty for failure to make a statement.
In preparation for the preparation of the objectives referred to in Article 4 of the preparatory session, the market law may be submitted.
The preparatory session may also be held by telephone or other appropriate means of communication, where, in view of the nature and extent of the issues to be discussed at the hearing, the participants shall communicate with each other.
The market law shall be invited to the preparatory session and, at the risk of a representative of the registries authority, that absence shall not prevent the proceedings.
The invitation to the communication and the minutes of the preparatory session shall be subject to the provisions of Article 43 (3) and Article 45 of the Administrative Law.
The market right may decide on the acquisition of an expert's opinion, the presentation of a document or an article, the submission of a review or any other measure necessary.
The market right may also decide on the submission of an oral hearing and whether the parties should be individually consulted, as well as who witnesses, experts and other persons to be interviewed for the purposes of the oral procedure Shall be consulted.
The market law shall, during the preparation of the preparation, provide a written summary of the requirements set out in the case and on the basis of the evidence and of the evidence and of the evidence to be proven in each case if it is considered to be conducive to the preparation. An opportunity to comment on the summary shall be given to the parties concerned and the registration authority.
In order to prevent any delay or other legitimate reasons, the market law may, within the time limit set by the party concerned:
1) to present their claims and their criteria;
2) indicate all the evidence that he intends to present and what he intends to prove in each of the evidence;
3) to present all the written evidence to which he refers.
The request referred to in paragraph 1 shall be subject to the condition that the party must not, after the time limit, rely on a new request or evidence, or to indicate a new evidence, unless it is likely that his procedure is due to a valid reason.
If, after the expiry of the period referred to in paragraph 1, the party wishes to rely on a new request or evidence, or to indicate a new evidence, he shall, without delay, bring the matter to the attention of the market law and, at the same time, provide an explanation of why He has not complied with the call of market law.
The submission of the oral procedure shall be governed by the provisions of Articles 37 and 38 of the Administrative Law.
The hearing at the hearing shall be subject to the provisions of Articles 39, 40 and 43 to 50 of the Administrative Law. However, the market right may, with the agreement of the party or the registry authority, issue a witness and an expert and other evidence for the purposes of the certificate to the party to the proceedings concerned, If the market law considers that there are grounds for it.
Market law shall immediately inform the relevant competent registry authority of the outcome of the appeal. However, Article 5 (1) (1) of Chapter 1 of Chapter 1 of Chapter 1 of Chapter 1 of Article 4 (1) and Article 5 (1) of the Law on the Government of Patents and Registration of the Patent and Registration Government, does not need to be notified of the outcome of the notification. As regards the complaints referred to in paragraph 6.
The market law shall send to the competent registry authority concerned a copy of the appeal decision and, at the same time, indicate whether the decision has obtained the legal force.
To the extent that neither the law nor Article 4 (1) (1) (1) (1) or (1) (1) or (14) of Chapter 1 of the Act provides otherwise, the case-law of the Board of Appeal shall be governed by the provisions of the Law on Administrative Law.
Subject to Article 4 (1), (13), (15), (2), (2), (13), (15), (13), (15) and (2) of Chapter 1, Article 4 (1), points 1 to 10, 13, 15 and 2 of Chapter 1, In the case of disputes and applications and the handling of disputes referred to in Article 5 of that Chapter shall apply mutatis mutandis to proceedings before the Court of Justice in the course of proceedings. Provides for the treatment of disputes and applications in the district court.
In addition to the provisions laid down in Article 4 (1) (1) to (10) and (13) of Chapter 1, the dispute and application cases referred to in Article 1 (1) (1) and (13) shall apply, mutatis mutandis, in respect of the following: This chapter provides for.
Any intention to bring an action under Article 4 (1) (1), (1), (5) to (9) or (13) of Chapter 1, for the annulment, loss or annulment of the registration of the registered industrial or industrial property referred to in Article 4 (1), The right to transfer or grant a compulsory licence shall be notified to the competent registration authority concerned and shall also be informed of any licence or right to be entered in the register; To the holder. If the holder of the licence intends to bring an action under Article 4 (1) (1), (1), (5) to (9) or (13) of Chapter 1, an infringement of an exclusive right conferred by an industrial right under the law referred to in the law referred to in Article 4 (1), he shall, accordingly, provide information on: To the holder of that right.
The reporting obligation referred to in paragraph 1 shall be deemed to have been fulfilled when the notification is sent by registered post at the address indicated in the relevant industrial property register.
If, when an action is brought, it is not shown that the notification or notification has been made in accordance with paragraphs 1 and 2, the market law must give the applicant the necessary time to do so. If the applicant fails to comply with the deadline, the action shall not be admissible.
In the event of an infringement of the exclusive right of the industrial property referred to in Article 4 (1) (1) (1), (7) to (10) or (13) of Chapter 1, the claim for annulment of the registration of the registered industrial or industrial property In the event of a declaration, forfeiture or abrogation, the market law shall, in the absence of an application for that purpose, set a period within which the action must be instituted at the risk of not being investigated. However, the requirement for the confiscation of plant breeders' rights must be made to Eviva.
The market law shall deal with and resolve the infringement action referred to in paragraph 1 and the counter-action in the same proceedings. However, the market law may, for a specific reason, suspend the proceedings until such time as the response has been definitively settled.
Paragraphs 1 and 2 shall apply to the industrial property rights referred to in the laws referred to in Article 4 (1) (1) (1) (1), (7) to (10) and (13) of Chapter 1, including, where applicable, a utility model and an integrated circuit model. However, the requirement to declare invalid registration of the utility model and the integrated circuit model must be made to the Patents and Registration Board.
Paragraphs 1 and 2 shall apply mutatis mutandis where, in the case of an infringement of the exclusive right produced by the established trade mark, a claim is made that the trade mark should be declared forfeited.
Paragraph 19 provides for the holder of an authorisation to bring an action for infringement of an industrial right under Article 4 (1) (1), (1), (5) to (9) or (13) of Chapter 1, where applicable, In addition, a case in which an action for confirmation is brought about whether the exclusive right enjoyed by the said industrial property exists or whether the claimant enjoys protection against another in the light of that exclusive right.
Article 20 (1) and (2), as provided for in Chapter 1, Article 4 (1) (1), (1), (7) to (10) and (13), shall apply mutatis mutandis to a case in which a confirmatory application is made whether: The exclusive right enjoyed by the said industrial property, or whether the claimant enjoys protection against another. However, the requirement for the confiscation of plant breeders' rights must be made to Eviva. As regards the industrial property rights referred to in the laws referred to in paragraphs 1, 7 to 10 and 13 of Chapter 1, Article 4 (1) shall apply mutatis mutandis to the utility model and to the circle model of the integrated circuit. However, the requirement to declare invalid registration of the utility model and the integrated circuit model must be made to the Patents and Registration Board.
Article 20 (4) provides for an infringement of the exclusive right conferred by the established trade mark, including, where applicable, an application for confirmation of the existence or enjoyment of an exclusive right On the basis of that exclusive right, protection against another.
The market law may, in a dispute or application within the jurisdiction of the market law referred to in Article 4 (1) (1) to (10) and (13) of Chapter 1, request the opinion of the relevant competent registrant.
In the request for a statement, the market law should identify the questions for which the opinion is requested.
The market law shall send to the relevant competent registry authority a copy of the settlement of the dispute referred to in paragraphs 1 to 10 and 13 of Article 4 (1) of Chapter 1 and, at the same time, state whether a solution has been obtained Legal force.
The obligation of market access to notify the dispute referred to in paragraph 1 by means of an indication of the outcome of the dispute in the case of a decision-making and decision-making system of the national judicial system, or by providing the information For the purposes of conveying them to the Centre Party, the relevant competent registration authorities shall be provided, where appropriate, by a decree of the Ministry of Justice. The adoption of labelling and the provision of information shall be governed by the law of the national judicial system (192/2010) And is provided for.
For the purposes of this Chapter, which provides for the treatment of a patent dispute or an application for a patent in market law, the issue of the European patent referred to in Article 70f of the patent law shall also apply. Articles 19, 22 and 23 provide for the relevant competent registration authority, apply to the Government of Patents and Registration.
Council Regulation (EC) No 6/2002 and Council Regulation (EC) No 6/2002 on Community designs and the Community trade mark Regulation (EC) No 207/2009. In addition, the cases referred to in Articles 17, 18 and 20 and Article 21 (2) shall apply mutatis mutandis to the processing of such cases.
Council Regulation (EC) No 2100/94 on Community plant variety rights is governed by Council Regulation (EC) No 2100/94 on Community plant variety rights. In addition, the cases referred to in Articles 17, 18 and 20 and Article 21 (2) shall apply mutatis mutandis to the processing of such cases.
The market law case shall be initiated by a written application to the market law.
The application referred to in Article 1 may be submitted by:
(1) in matters relating to consumer protection, the consumer ombudsman, except in cases under Article 18 of Chapter 2 of that law, the trader;
2. Consumer ombudsmen in the context of the Act on Competition and Consumer Protection;
(3) in the cases referred to in Article 13 (1) of the Law on the recovery of claims by the consumer ombudsman or the trader to which the prohibition imposed by the consumer ombudsman is imposed, and the trader to which the The proceedings against Articles 4, 4a, 4b or 7, or a registered association to control the interests of traders;
(4) in the field of payment services, consumer ombudsmen;
(5) a chartered accountant, or a registered association, of which at least half of its members are members, within the meaning of the cooperative law;
(6) in matters governed by the law on the regulation of contractual terms between traders, a registered association in order to control the interests of the traders, or the trader or the contracting entity to which the use of the contract is used; or The application of contract practice is applied;
(7) any foreign organisation or authority in matters governed by the law on cross-border linguistic arrangements, as specified in that law.
In cases concerning the imposition of a prohibition under Article 6 of the Act on unfair practices, the application referred to in Article 1 of this Chapter may be made by the trader to which the procedure referred to in Articles 1 to 3 of that law Or whose activities it may harm, or whose business secrets, technical specimens or technical guidelines are contrary to the use or expression laid down by Article 4 of that law, or A non-profit-registered association.
The application referred to in Article 121a and 121b of the Communications Market Act, or in matters relating to the closure of a number or service, the application referred to in Article 1 of this Chapter may be made by the telecommunications company to which the Communication Office or the Consumer Ombudsman The decision is addressed, as well as in the case of the number or closure of the service provided for in Article 121b, including the service provider whose use has been blocked.
In cases under Article 36 of the Television and Broadcasting Act, the application referred to in Article 1 of this Chapter may be made by a consumer ombudsman.
However, an application to be made liable for the imposition of a periodic penalty payment may be made:
(1) in the cases covered by Article 18 of Chapter 2 of the Consumer Protection Act, consumer ombudsmen;
(2) in matters relating to the periodic penalty payment imposed by Article 13 (1) of the Consumer Ombudsman's claims, the consumer ombudsman;
(3) In matters relating to the periodic penalty payment imposed by the Communications Office in the communications market, the Office of Communications and, respectively, the consumer ombudsman in matters relating to the periodic penalty payment imposed by the Consumer Ombudsman.
In the case of matters relating to the Arpative Act, the Law on Alcohol and Tobacco, the right of access shall be laid down separately.
Communication market L 393/2003 Has been repealed by the Information Society 917/2014 . See. Information Society Island 917/2014, Chapter 336 .
If the Consumer Ombudsman refuses to refer the matter to market law, Article 13 (1) of the Law on the Protection of Competition and Consumer Protection, Article 13 (1) of the Law on the Recovery of claims, or Article 36 of the Broadcasting Act, , the application referred to in Article 1 may be made by a registered association in order to control the interests of employees and consumers.
L television and radio activities 744/1998 Has been repealed by the Information Society 917/2014 . See. Information Society Island 917/2014 42 Chapter 330 .
The application shall indicate:
(1) the requirement identified by the applicant;
(2) the criteria on which the requirement is based;
(3) where possible, the evidence which the applicant intends to substantiate in support of his application, and what he intends to prove in each case;
(4) In the case of the imposition of the prohibition laid down in Article 6 of the Law on unfair conduct, the applicant considers it appropriate.
If the case is brought after a decision of the Authority, the application shall also be accompanied by a decision in the form of the original or a copy of the decision and a certificate from the date of its notification.
The application shall include the names and seats of the parties and the contact details of their legal representative or agent, as well as the postal address and any other address to which the relevant invitations, requests and notifications may be sent ( Process address ). The telephone number and other contact details of the parties shall also be communicated in an appropriate manner to market law. If any information changes later, the applicant shall immediately inform the market law thereof.
The application shall be signed by the author of the application or, failing that, by the author. At the same time, the author must indicate his occupation and place of residence.
The preparation of the case begins when the application comes to market law. Preparation may be written or oral.
The preparation shall include:
(1) the requirements of the parties and their criteria;
(2) where the parties disagree;
3) what evidence will be presented and what each evidence will prove.
The market law shall be notified to the trader or to any other person subject to the claim. Where the application concerns a decision or order of the authority, the application shall also be notified to the authority whose decision or order is subject to the application.
The market law shall invite the addressee to reply in writing to the application within a time limit. The answer shall be:
1) to pronounce on the applicant's request;
(2) state the facts on which the answer is based;
(3) indicate, as far as possible, the evidence which the addressee intends to substantiate in support of his reply and what he intends to prove in each case;
(4) in the case where the addressee considers it appropriate, the claim for reimbursement of costs in the case of the imposition of the prohibition laid down in Article 6 of the Law on unfair practices.
In addition, the market law may invite the addressee to comment on a particular issue.
In the notification, the addressee shall be invited to indicate the contact details of his or her legal representative or agent, including the postal address and any other address to which the relevant invitations, requests and notifications may be sent ( Process address ). The notification shall state that the document may be communicated to the party concerned by sending it to the process address indicated in his reply. The consignee shall also indicate his own telephone number and other contact details in a manner appropriate to market law. If any information changes later, the consignee shall inform the market right without delay.
The notification shall also indicate that the reply is the party to the party or, if it has not been drawn up by him, the author and that the author must declare his occupation and place of residence.
Service shall be provided in accordance with The Court of Justice, Chapter 11, Articles 3, 3b and 4, Article 5 (1) and Articles 7 to 10 provide.
The market law shall communicate the application referred to in Article 2 (2) to the Consumer Ombudsman.
The application for information by the association referred to in Article 2 (1) (5) shall be served by the market law to the auditor of the cooperative inspecting cooperative.
The market law shall make an application by a foreign organisation or authority referred to in Article 2 (1) (7) to the Consumer Ombudsman, the Office for Social Security and Health, or to the Communications Agency for each supervisory authority, In the famous case. The appropriate authority shall be given an opportunity to be heard, unless such consultation is unnecessarily delayed.
The requirement to impose a temporary ban can be considered in the written procedure.
The Consumer Ombudsman's requirement to impose a temporary prohibition on the imposition of a temporary ban in accordance with Article 13 (1) of the Law on the Protection of Consumers, Competition and Consumer Protection, Article 13 (1) of the Law on the Recovery of claims and Article 36 of the Broadcasting Act May be resolved, even if it has not been notified to the addressee of the claim.
Market law must be delivered in a market law case.
However, the sitting does not need to be submitted to the extent that the matter is inadmissible or whether or not it is settled. The court or tribunal may also decide not to submit a hearing if the case is of such a nature that it does not require the holding of a sitting and none of the parties objects to a written procedure.
The market right may decide that, after preparation, the case shall be continued as follows: In Chapter 6 of the Court of Justice The main proceedings of the dispute are laid down. Otherwise, the sitting may be dealt with solely in order to clarify some or some of the questions. In this case, after the sitting, the proceedings may be resumed in the office or at the new hearing.
The court of market law shall be invited by the applicant and his party, as well as other persons and supervisory authorities concerned. Chapter 2 of Consumer Protection For the purposes of Article 18, the Supervisory Authority shall be a consumer ombudsman.
If the applicant is left out of the session, the matter will remain. If the other side is excluded, the case may be settled.
An invitation to the sitting shall be served as The Court of Justice, Chapter 11, Articles 3, 3a, 3b and 4, Article 5 (1) and Articles 7 to 10 provide.
The market law may seek clarification on its own initiative and oblige the trader to provide the information necessary to clarify the case. However, trade or professional secrecy may not be required to express, unless there are specific reasons. A periodic penalty payment may be imposed as a result of the obligation.
Where the application concerns a decision or order of an authority, the market law may, when it is necessary, before the application is resolved, that the decision or order of the authority to date shall not be implemented or enforced. Continue.
The issue of a prohibition or suspension of implementation referred to in paragraph 1 may be dealt with in a written procedure.
A market law solution in the case referred to in this Chapter is a decision. The decision to be drawn up as a separate document shall be:
(1) the name of the court and the date of issue or delivery;
(2) the names of the parties;
(3) a description of the requirements and answers to the parties;
(4) a list of persons and other evidence presented for the purposes of the licence;
5. Justification;
(6) resolution;
(7) the names and the status of the members of the case, as well as an indication of whether the decision has been put to the vote.
If the decision has been put to the vote, it shall be accompanied by the opinions of the Members who disagree.
Where a decision contains a prohibition or an order for the purpose of carrying out a corrective action, the decision shall specify the obligation to specify and specify the date from which the prohibition or order must be respected.
As a witness or expert in market law, the hearing is carried out in accordance with Article 13 (1) of the Law on the Rules for the Protection of Consumers, Competition and Consumer Protection, the Law on the Transboundary Prohibition, and In the case of Article 36 of the Broadcasting Act, compensation from State resources in accordance with the law on the cost of proof of State resources (666/1972) Provides.
In its decision, the market law may require the foreign authority concerned, as referred to in Article 2 (1) (7), and Article 2 (1) (7), to compensate the State for the costs referred to in paragraph 1.
The parties themselves shall bear their own costs in market law in the case referred to in this Chapter. However, in matters relating to the imposition of the prohibition laid down in Article 6 of the Act on unfair practices, the provisions relating to reimbursement of costs incurred by the Court of Justice shall apply.
The charges for the market law shall be laid down separately. Acquisitions and decisions of the minutes shall not be charged to the parties and invited to be heard.
In so far as the laws referred to in this Act or Article 6 of Chapter 1 do not provide otherwise, the market law matters referred to in this Chapter shall otherwise be dealt with in market law, mutatis mutandis, in the same way as the court proceedings Provides.
Article 4 (1), (1), (1), (13), (15) and (15) and (2) of Chapter 1 of Chapter 1 between the parties concerned may be dealt with in the same proceedings if it contributes to the To find out.
Market law may, if necessary, dismiss the items referred to in paragraph 1 in separate cases.
The dispute referred to in Article 4 (1), (1), (1), (13), (15) or (2) of Chapter 1 and the dispute referred to in Article 5 of that Chapter must be dealt with in the same proceedings.
Where the action referred to in Article 5 (2) (2) of Chapter 1 is lodged after the preparation of a dispute within the meaning of Article 4 (1), (1), (13) or (15) or (2) of that Chapter, In Chapter 5 of the Court of Justice In accordance with Article 28 (1), the market entitlement may be dealt with separately in the case of disputes in the event of a failure to deal with them in the same proceedings. Similarly, the action may also be taken when the action referred to in Article 5 (2) of Chapter 1 is brought before the party concerned In Chapter 5 of the Court of Justice The period laid down in Article 22 has elapsed.
Article 4 (1) (1) (1), (1), (13), (13), (15) or (2) of Chapter 1, in the event of a dispute and a market-law matter falling within the jurisdiction of the market-law, may be dealt with in the same proceedings if there is a link between: And dealing with them together comes without prejudice.
Processing of the cases referred to in the first paragraph of the market law in the same proceedings shall be pursued in the order of the proceedings. Nevertheless, Article 5 (2) and (3), Article 6 (1) and Articles 7 to 9, 13, 15 and 16 of Chapter 5 apply.
Market law may, if necessary, dismiss the items referred to in paragraph 1 in separate cases.
Market law matters between the same or different parties may be dealt with in the same proceedings if it helps to clarify matters.
Market law may, if necessary, dismiss the items referred to in paragraph 1 in separate cases.
Public access to market law in the fields of competition, control, acquisition and appeal is governed by the law of the administrative courts (2011) . Otherwise, the public law of the proceedings will provide for the publicity of the proceedings before the general courts (190/2007) .
Cases shall be dealt with in market law without undue delay within a reasonable time.
Unless otherwise specified, the cases shall be dealt with in accordance with the order of the entry into force of the market law, unless it is necessary to derogate from it, taking into account, in particular, the length of the proceedings, the nature and relevance of the case to the party concerned.
The market right may, on written application by a party to the proceedings, decide on the urgency of the matter if, before any other matters are concerned, there is a particularly weighty reason, taking into account the length of the proceedings, the nature and importance of the case. The party concerned and any other grounds for urgency. The application for urgent prescription and its treatment in market law shall apply mutatis mutandis: In Chapter 19 of the Court of Justice Provides. However, Article 18 of the Law on Market Law is governed by Article 18 of the Law on Market Law. A change in the market right for a matter of urgency shall not be subject to an appeal.
In matters of competition and control, in procurement matters and in matters of appeal, the decision of the market law shall be adopted at the end of the closing date.
Notwithstanding the provisions of paragraph 1, the decision may, notwithstanding the provisions of paragraph 1, be declared at the end of the closing date. Where the declaration of a decision as a whole is not necessary, the decision shall state its reasons and the outcome thereof. In so doing, the arguments of the parties can only be given a general outline. If the decision has been put to the vote, it shall be notified in the event of a declaration.
The final decision shall be adopted within 30 days of the end of the oral procedure. If, for specific reasons, the decision cannot be adopted within the specified time limit, it shall be given as soon as possible. When an oral hearing is not submitted, the decision shall be given without delay.
The notification of the decision shall be subject to the provisions of Article 55 of the Administrative Law.
In the cases covered by Article 4 (1), (1), (1), (13) and (15) and (2) of Chapter 1, in the cases of dispute and application falling within the jurisdiction of the market law, in the cases referred to in Article 5 of that Chapter, and in the market, In matters of market law, the decision is declared at the end of the closing date or is given in the office of market law. The declared solution for the date of delivery and the solution given in the office for the day on which it is available to the parties.
Where the declaration of a decision as a whole is not necessary, the decision shall state its reasons and the judgment or resolution. In so doing, the arguments of the parties can only be given a general outline. If a solution has been put to the vote, it shall be notified in the event of a declaration.
The judgment and the final decision shall be adopted within 30 days of the end of the main hearing or session. If, for specific reasons, the solution cannot be adopted within the specified time limit, it shall be given as soon as possible. When a decision is not submitted without a hearing or a sitting, the solution must be given without delay.
The market law must send a copy of its solution to all concerned. A copy of the solution may be sent by post, unless otherwise specified.
The decision to review the market law in the competition or control case or in the procurement case is lodged by the appeal to the Supreme Administrative Court as laid down in the laws referred to in Articles 2 and 3 of Chapter 1.
Appeal against the decision of the Supreme Administrative Court to appeal against the decision of the Board of Appeal only if the Supreme Administrative Court granted the right to appeal. The appeal shall be made within 30 days of the notification of the market law decision.
Where, in the case referred to in paragraph 1, a change is not made due to a legal obstacle or for any other acceptable reason, the market right shall, on application, set a new deadline for the appeal. The new deadline shall be requested before the expiry of the original deadline by a written application. The application shall be accompanied by a statement of the impediments to the applicant or any other reason justifying the application.
The lodging of a complaint shall otherwise be subject to the provisions of the Administrative Loan Act.
The case referred to in Article 2 above shall apply mutatis mutandis to the provisions of Article 13 and Article 15 (2) of Chapter 4.
In accordance with Article 4 (1) (1), (1), (13) and (15) and (2) of Chapter 1, a solution to the market law in the case of dispute and application within the meaning of Article 5 of Chapter 1, in the dispute referred to in Article 5 of Chapter 1, and Appeal against the Supreme Court if the Supreme Court Chapter 30 of the Court of Justice Under Article 3, an appeal is granted.
The appeal, which must include an application for authorisation and a complaint, must be submitted, together with a market law, to the Registry of the Market Court. For the purposes of applying for an appeal, the procedure shall otherwise apply Chapter 30 of the Court of Justice Provisions on appeal in the second instance of the court of appeal.
A solution to the market law will be implemented in the manner prescribed by the enforcement of the judgment. However, the Supreme Court may order that the solution should not be implemented for the time being, or that the implementation should not be continued.
The additional appeal referred to in this Article shall apply mutatis mutandis to disputes concerning Chapter 31 of the Court of Justice , however, so that a complaint must also be made to the Supreme Court.
Article 20, Article 21 (2) and (3) and Articles 22 to 24 of that Chapter shall apply mutatis mutandis to the proceedings of the dispute or application referred to in Article 18 of Chapter 4.
This Act shall enter into force on 1 September 2013.
This law repeals the Law on the Processing of Certain Market Legal Affairs (1528/2001) .
Where any other law or regulation refers to a law on the handling of certain market-law matters, the corresponding provision of this law shall apply.
The case brought before the entry into force of this Act before the entry into force of this Act shall be treated in accordance with the provisions in force at the time of entry into force of this Act.
Before the law enters into force, action can be taken to enforce the law.
THEY 124/2012 , LaVM 15/2012, EV 158/2012This Act shall enter into force on 1 September 2013.
FROM 20/2013 , TaVM 17/2013, YmVL 7/2013, EV 88/2013, Regulation (EC) No 714/2009 of the European Parliament and of the Council (32009R0714); OJ L 211, 14.8.2009, p. Regulation (EC) No 715/2009 of the European Parliament and of the Council (32009R0715); OJ L 211, 14.8.2009, p. Directive 2009 /72/EC of the European Parliament and of the Council (32009L0072); OJ L 211, 14.8.2009, p. Directive 2009 /73/EC of the European Parliament and of the Council (32009L0073); OJ L 211, 14.8.2009, p. 94
This Act shall enter into force on 1 July 2014.
THEY 89/2013 , TaVM 26/2013, EV 133/2013
