Consumer Affairs Act (Cap. 378), article 12C

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 made thereunder; (b) include the request of the Director General for a declaration of the Civil Court th at the person concerned, again st whom the judicial proceedings are instituted, has infringed the provisions of this Act and of the regulations made thereunder and 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 person concerned according to article 106A for each infringement: Provided that the Director General may also indicate a specific amount of the penalty either in his sworn application or by a note presented in Court during the judicial CONSUMER AFF AIRS [CAP. 378. 19 proceedings; and, or (ii) any other remedy as contemplated in this Act; and, or (iii) any other relevant order, including a compliance order or any other order, that may be necessary according to the circumstances of the case including, where appropriate, and where no other effective means are available to bring about the cessation or the prohibition of an infringement under this Act and of any other regulations made thereunder, and in order to avoid the risk of serious harm to the collective interests of consumers: - to remove content or to restrict access to an online interface or to order the explicit display of a warning to consumers when they access an online interface; - to order a hosting service provider to remove, disable or restrict access to an online interface; or - where appropriate, to order domain registries or registrars to delete a fully qualified domain name and to allow the competent authority concerned to register it: including by ordering a third party or other public authority to imple ment such measures: 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 (2) Repealed by Act XVII.2023. 29. 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. 20 CAP. 378.] CONSUMER AFF AIRS Cap. 510. (4) During the judicial proceedings the person concerned in receipt of a sworn application shall be entitled, upon a reques t to this effect in his sworn reply, to have access to the file of the in vestigation concerning his case, without prejudice to the non-disclosure of information or documents identified by the Director General as containing business secrets or other confidential information, or of internal documents of the Director General or of the Consumer Protection Authorities of other Member States, and without prejudice to the provisions containe d in Part VIII of the Malta Competition and Consumer Affairs Authority Act . The Director General shall provide such access to the file of the i nvestigation at any time prior to the conclusion of his evidence. Specific powers of the Civil Court. Added by: XVI.2019.13.