Consumer Affairs Act (Cap. 378), article 106A

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 Cou rt 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 orderi ng 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 Sec ond 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 effectiv e, proportionate and dissuasi ve: Provided that the Civil Court shall, when determining penalties with regard to infringements of this Act or any regul ations made thereunder, where appropria te take into account the follow ing non-exhaustive and indicative criteria, unless a different crit eria is 70 CAP. 378.] CONSUMER AFF AIRS prescribed for specific regulations: (a) the nature, gravity, scale and duration of the infringement; (b) any action taken by the seller, trader or supplier to mitigate or remedy the damage suffered by consumers; (c) any previous infringements by the seller, trader or supplier; (d) the financial benefits gained or losses avoided by the seller, trader or supplier du e to the infringement, if the relevant data are available; (e) penalties imposed on the seller, trader or supplier for the same infringement in other Member States in cross- border cases where information about such penalties is available through the mechanism established by the Consumer Protection Co-operation Regulation; (f) any other aggravating or mitigating factors applicable to the circumstances of the case: S.L. 378.17. Provided further that for infringements to Part VII and Part VIII of this Act, and the Consumer Rights Regulations, when pen alties are to be imposed in accordance with Article 21 of the Consumer Protection Co-operation Regulation , the Civil Court shall impose a penalty up to a maximum of four percent (4%) of the seller’s, t rader's or supplier’s annual turnover in t he Member State or Member Sta tes concerned: Provided further that where a penalty is imposed in accordance with the preceding proviso, but information on the s eller’s, trader's or supplier’s annual turnover is not available, the Ci vil Court shall impose a penalty up to a maximum of two million euro (€2 million). Court order. Added by: XXVI. 2000.15.