Representative Actions for the Protection of the Collective Interests of Consumers Act 2023
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Redress measures | ||
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26. (1) A qualified entity bringing a representative action in accordance with section 19 may seek a redress measure specified in subsection (2). | ||
(2) Without prejudice to a discretionary power the Court may have in relation to redress, the Court may, in respect of a representative action before it, require a trader who is a defendant in the action to provide a consumer with one or more of the following remedies (each of which in this Act shall be referred to as a “redress measure”) as may be available by or under and in accordance with a relevant enactment to which the representative action relates, namely: | ||
(a) compensation; | ||
(b) repair; | ||
(c) replacement; | ||
(d) price reduction; | ||
(e) contract termination; | ||
(f) reimbursement of price paid. | ||
(3) A consumer shall not be entitled to receive compensation more than once arising from the same cause of action against the same trader. | ||
(4) A qualified entity shall gather, and provide the Court with, information concerning the class or classes of consumers entitled to benefit from redress measures ordered in the representative action concerned. | ||
(5) A qualified entity shall, in such form as may be prescribed, inform consumers who are represented by it in a representative action for redress of the particulars of any redress measures ordered by the Court in the action concerned and how those consumers can benefit from any such redress measures. | ||
(6) It shall not be necessary for an individual consumer to bring a separate action to benefit from the redress measures referred to in subsection (2). | ||
(7) The Court shall determine the period within which an individual consumer shall be entitled to avail of the redress measure ordered by the Court under this section. | ||
(8) Where the Court has ordered a redress measure and the order does not specify the individual consumers entitled to benefit from remedies provided by the redress measure, the Court shall identify and include in the order concerned the class or classes of consumers entitled to benefit from those remedies. | ||
(9) A qualified entity shall be entitled to bring a representative action for redress measures under this section without it being necessary for the Court or a court or administrative authority in another Member State to have previously established a finding of an infringement in separate proceedings to those before the Court. | ||
(10) The redress measures that may be ordered in a representative action shall be without prejudice to any additional remedies available to consumers under any enactment or European acts which were not the subject of that representative action. |