1.
Member States shall ensure that adequate and effective means exist to ensure compliance with this Regulation in the interest of consumers. Such means shall include legal provisions under which persons or organisations regarded under national law as having a legitimate interest in combating unfair commercial practices, including competitors, may:
(a)
take legal action against such unfair commercial practices;
and/or
(b)
bring such unfair commercial practices before an administrative authority competent either to decide on complaints or to initiate appropriate legal proceedings.
Each Member State shall decide which of the means referred to in the second subparagraph shall be available and whether to enable the courts or administrative authorities to require prior recourse to other established means of dealing with complaints, including those referred to in Article 31. Those means shall be available regardless of whether the consumers affected are in the territory of the Member State where the trader is located or in another Member State.
Each Member State shall decide whether the means referred to in the second subparagraph may be directed:
(a)
separately or jointly against a number of traders from the same economic sector;
(b)
against a code owner where the relevant code promotes non-compliance with legal requirements.
2.
Under the legal provisions referred to in paragraph 1, second subparagraph, national courts or administrative authorities shall have powers enabling them, in cases where they deem such measures to be necessary taking into account all the interests involved and in particular the public interest:
(a)
to order the cessation of, or to institute appropriate legal proceedings for an order for the cessation of, unfair commercial practices; or
(b)
if the unfair commercial practice has not yet been carried out but is imminent, to order the prohibition of the practice, or to institute appropriate legal proceedings for an order for the prohibition of the practice,
even without proof of actual loss or damage or of intention or negligence on the part of the trader. Member States shall also make provision for the measures referred to in the first subparagraph to be taken under an accelerated procedure:
(a)
either with interim effect; or
(b)
with definitive effect,
on the understanding that it is for each Member State to decide which of the two options to select. Furthermore, Member States may confer upon the courts or administrative authorities powers enabling them, with a view to eliminating the continuing effects of unfair commercial practices the cessation of which has been ordered by a final decision:
(a)
to require publication of that decision in full or in part and in such form as they deem adequate;
(b)
to require in addition the publication of a corrective statement.
3.
The administrative authorities referred to in paragraph 1 shall:
(a)
be composed so as not to cast doubt on their impartiality;
(b)
have adequate powers, where they decide on complaints, to monitor and enforce the observance of their decisions effectively;
(c)
normally give reasons for their decisions.
Where the powers referred to in paragraph 2 are exercised exclusively by an administrative authority:
(a)
reasons for its decisions shall always be given;
(b)
provision shall be made for procedures whereby improper or unreasonable exercise of its powers by the administrative authority or improper or unreasonable failure to exercise the said powers can be the subject of judicial review.
4.
The Commission shall have powers to investigate and enforce compliance with this Regulation with regards to widespread infringements with a Union dimension as defined in Regulation (EU) [New CPC Regulation] in accordance with Chapter III of that Regulation, except in respect of the matters referred to in Article 2(3), (4), (7), and (8) and Article 28(3) of this Regulation.
5.
By way of derogation from paragraph 1, third subparagraph, the enforcement and supervision of Articles 14(2), 15(3), 16 of this Regulation shall be carried out by competent authorities designated under Article 34 of Regulation (EU) [EU KIDS Act] for traders within the scope of that Regulation under the conditions stipulated in that Article. For that purpose, any references in Chapter IV of Regulation (EU) 2022/2065 to compliance or non-compliance with the relevant provisions of Regulation (EU) 2022/2065 and Chapter IX of Regulation (EU) 2024/1689 to compliance or non-compliance with the relevant provisions of Regulation (EU) 2024/1689 shall be deemed to include Articles 14(2), 15(3), and 16 of this Regulation. By way of derogation from paragraph 1, third subparagraph, the enforcement and supervision of Article 17(1) of this Regulation shall be carried out by the authorities designated in accordance with Chapter IV of Regulation (EU) 2022/2065 for traders that are providers of online platforms pursuant to Regulation (EU) 2022/2065 and by authorities designated pursuant to Articles 70, 74 and 75 of Regulation (EU) 2024/1689 for traders that are providers or deployers of AI systems within the scope of Regulation (EU) 2024/1689. For that purpose, Chapter IV of Regulation (EU) 2022/2065 and Chapter IX of Regulation (EU) 2024/1689 shall apply and any references therein to compliance with the relevant provisions of Regulation (EU) 2022/2065 and Regulation (EU) 2024/1689 shall be deemed to include Article 17(1) of this Regulation. Enforcement under this paragraph should be without prejudice to the possibility for Member States to enable persons or organisations regarded under national law as having a legitimate interest in combating unfair commercial practices, including competitors, to take legal action against such unfair commercial practices.
6.
Member States shall ensure that authorities designated by them in accordance with Article 49 of Regulation (EU) 2022/2065 and Articles 70 and 74 of Regulation (EU) 2024/1689 are competent to supervise and enforce Articles 14(2), 15(3), 16 and 17(1) of this Regulation in respect of traders specified in paragraph 5 that are within the competence of the national competent authorities.
7.
To the extent that powers are conferred on the Commission under Section 4 of Chapter IV of Regulation (EU) 2022/2065 and Chapter IX of Regulation (EU) 2024/1689, those powers shall also cover the supervision, investigation, enforcement and monitoring of compliance with Articles 14(2), 15(3), 16 and 17(1) of this Regulation.
8.
When a national administrative authority referred to in paragraph 1 or a competent authority referred to in paragraph 5 of this Article takes a decision on a matter which is already the subject matter of a decision adopted by the Commission in accordance with Articles 14(2), 15(3) and 16 of this Regulation or relating to the subject-matter regulated in Article 17 of this Regulation, the authority shall not take any decision which runs counter to that Commission decision.