Second Schedule — CONSUMER AFFAIRS ACT

Added by

II. 2008.56.

(Article 106A(3))

Amended by

VI. 2011.75, 119;

VI. 2014.11.

Penalties

Substituted by

XVI.2019.28.

Amended by

XLIV.2021.18.

1. In determining the amount of the penalty specified in article 106A, in respect

of the infringements of the articles referred to in this Schedule, and without

prejudice to the provisions of article 106A(3), the Civil Court shall also be

guided by the following considerations.

Infringements under article 51F

2. For each infringement under article 51F, the basic amount of the penalty shall

be two thousand three hundred and fifty euro (€2,350)

Provided that the Civil Court may, in establishing the penalty, take into

account circumstances that may lead to an increase or decrease in the basic

Provided further that the Civil Court shall do so on the basis of an overall

assessment which takes into account all the relevant circumstances.

3. The Civil Court may impose a higher penalty than the basic amount where

there are aggravating circumstances, having regard to the gravity and duration

of the infringement and, or the amount of gains improperly made as a result of

the infringement.

4. Without prejudice to the generality of rule 3, the following shall in all cases be

deemed as aggravating circumstances

where the infringement is an unfair commercial practice listed in

the First Schedule, the basic amount shall be increased by a sum

not less than one thousand seven hundred and fifty euro (€1,750)

and not more than four thousand six hundred and fifty euro

(€4,650);

in the case of a second or subsequent infringement, the basic

amount shall be increased by two thousand three hundred and fifty

euro (€2,350) for each and every subsequent infringement;

where the practice or scheme constituting the infringement is the

principal means by which the trader runs or operates his business,

the basic amount shall be increased by a sum not less than one

thousand seven hundred and fifty euro (€1,750) and not more than

four thousand six hundred and fifty euro (€4,650);

where the practice or scheme constituting the infringement is

specifically targeting vulnerable consumers, the basic amount shall

be increased by two thousand three hundred and fifty euro

(€2,350);

where the unfair commercial practice is accompanied by any of the

factors listed in article 51E(2) of the Act, the basic amount shall be

increased by a sum not less than one thousand seven hundred and

fifty euro (€1,750) and not more than four thousand six hundred

and fifty euro (€4,650).

5. The basic amount of the penalty may be decreased where the Civil Court finds

that there are mitigating circumstances, in particular

where the person concerned provides evidence that he terminated

the unfair commercial practice constituting the infringement as

soon as the Director General commenced investigations under

article 12, the basic amount shall be decreased by not more than

twenty per centum;

CONSUMER AFFAIRS

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where the person concerned provides evidence that he has taken

adequate steps to reduce the negative effects of the infringements,

the basic amount shall be decreased by not more than ten per

centum.

6. The final amount of the penalty for each and every infringement, shall not, in

any event, exceed forty-seven thousand euro (€47,000) or be lower than four

hundred and seventy euro (€470).

Infringements under article 12A

7. For the infringement referred to in article 12A, the amount of the penalty shall

not be less than four thousand six hundred and fifty euro (€4,650) and not more

than forty-seven thousand euro (€47,000)

Infringements under article 12E

8. For the infringement referred to in article 12E, the amount of the penalty shall

not be less than four thousand six hundred and fifty euro (€4,650) and not more

than eleven thousand six hundred and fifty euro (€11,650)

Provided that in the case of non-compliance with the decree of the Civil Court

ordering an interim measure, the Civil 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.

Infringements under article 12G

9. For the infringement referred to in article 12G, the amount of the penalty shall

not be less than four thousand six hundred and fifty euro (€4,650) and not more

than twenty-three thousand three hundred euro (€23,300)

Provided that in the case of non-compliance with a compliance order, the Civil

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.

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