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Application to court for declaration or injunction
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137. (1) On an application by an authorised body for a declaration that a term of a consumer contract is unfair, the court may make an order—
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(a) declaring that the term of the consumer contract is unfair,
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(b) prohibiting the use or continued use in any consumer contract of such a term or similar terms of like object or effect, and
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(c) imposing such other conditions as it considers appropriate, including in particular—
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(i) a requirement that the trader publish a corrective statement, at the trader’s own expense and in any manner the court considers appropriate, in respect of the matter which is the subject of the order, or
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(ii) a requirement that the trader provide to each consumer who is party to the contract to which the order relates an amended contract which does not contain the term which has been declared to be unfair.
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(2) On an application by an authorised body for a declaration as to the proper interpretation of a term drawn up for general use as a term of a consumer contract, the court may make such a declaration.
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(3) Before making an application under subsection (1) or (2), an authorised body shall cause to be published—
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(a) in Iris Oifigiúil and at least two national newspapers, and
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(b) in such other manner as the court may direct,
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notice of intention to apply to the court for a declaration under the subsection concerned.
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(4) An authorised body may apply for an injunction (including an interim injunction) against any trader using, or recommending the use of, a term which the authorised body considers to be an unfair term.
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(5) Where an application is made under subsection (4), the court may grant an injunction on such terms, including conditions referred to in subsection (1)(c), as it considers appropriate.
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(6) An injunction granted pursuant to subsection (4) may relate not only to the use of a particular contract term but to any similar term, or a term having like effect, used or recommended for use by any trader.
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(7) In the exercise of its jurisdiction under subsection (1), (2) or (5) the court shall take account of all the interests involved and in particular the public interest in the protection of consumers.
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(8) Every person claiming to have an interest in an application under subsection (1) or (2) shall be entitled to appear before and to be heard by the court on the hearing of the application.
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(9) An application under subsection (1), (2) or (4) by an authorised body, other than the Competition and Consumer Protection Commission, shall be on notice to the Commission.
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(10) On any application under subsection (1), (2) or (4) it shall not be necessary for an authorised body to prove—
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(a) probable loss or damage,
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(b) actual loss or damage, or
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(c) recklessness or negligence on the part of the trader.
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(11) Subsections (1), (2) and (4) are without prejudice to the right of a consumer to rely upon the provisions of this Part in any case before a court of competent jurisdiction.
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(12) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the trader is ordinarily resident or carries on any profession, trade or business.
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(13) In this section, “court” means—
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(a) the High Court, or
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(b) the Circuit Court.
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