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

12H. (1) Proceedings before the Civil Court shall be held in public with due regard to the protection of confidential inform ation or of business secrets: Provided that the person concer ned, or the Director General, 24 CAP. 378.] CONSUMER AFF AIRS or the complainant may request the Civil Court to be heard behi nd closed doors where the submissions to be made or the evidence t o be produced is of a confidential natu re or contains business secre ts: Provided further that for the purposes of this provision a confidential and a non-confidential version of any written obse rvations and documentary evidence shall be produced and the Civil Court shall verify the confidentiality or ot herwise of the information subm itted. (2) Before giving its judgment, the Civil Court may have recourse to the judgments of the Court of Justice of the Europe an Union, to the relevant decisions and, or statements of the Euro pean Commission, including interpretations of the European Regulatio ns and Directives relative to consumer protection and may also ref er to its decisions and to the decisions of the Competition and Consumer Appeals Tribunal. (3) Where the Civil Court has in its judgment found the person concerned liable of an infringem ent or of infringements of this Act or of any regulations made thereu nder, it shall impose a penalty according to article 106A for each infringement. (4) Subject to the right of appeal established in article 12I, the judgments of the Civil Court shall be final and binding. Cap. 12. (5) Subject to the provisions of this Act, the provisions of th e Code of Organization and Civil Procedure shall, mutatis mutandis, apply to all judicial proceedings instituted according to this Act, before the Civil Court and the C ourt of Appeal and to the enfor cement of judgements. (6) When publishing judgements and decrees, the Civil Court shall have regard to the legitima te interest of the person conc erned in the protection of his business secrets or other confidential in formation. The Civil Court may give the parties concerned the opportunity to specify the confidential parts of the judgement or decree which they want to be excluded from publication: Provided that the Civil Court shall ultimately decide about which version shall be published: Provided further that the Director General shall also publish on the website of the Authority the judgement de livered by the Civil Court. (7) The Director General shall also publish on the website of the Authority a notice whereby it is stated that a sworn applic ation has been filed according to article 12C having regard to the legiti mate interest of the person concerned in the protection of his busin ess secrets and other confidential in formation. The publication may contain the name of the person concerned against whom the Direc tor CONSUMER AFF AIRS [CAP. 378. 25 General has filed a sworn application and a brief description o f the type of the alleged infringement as well as the affected busine ss sector. Appeals to the Court of Appeal and publication of judgements. Added by: XVI.2019.13. Amended by: XIII.2022.3