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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

18 October 2012 [shall come into force from 26 October 2012];
6 March 2014 [shall come into force from 3 April 2014].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima1 has adopted and
the President has proclaimed the following Law:

Unfair Commercial Practices Prohibition Law

Chapter I
General Provisions

Section 1. Terms Used in this Law

(1) The following terms are used in this Law:

1) performer of commercial practices - any natural or legal person who within the framework of its economic or professional activities performs commercial practices, as well as any other natural or legal person who acts in the name of or under assignment of the performer of commercial practices;

2) commercial practices - an act (course of conduct, representation, commercial communication, marketing) or failure to act (omission) that is directly related to the promotion of trade, sale of goods (physical or non-physical objects) or provision of a service to a consumer.

(2) Other terms and concepts of this Law are used within the meaning of the Consumer Rights Protection Law.

[6 March 2014]

Section 2. Purpose of this Law

The purpose of this Law is to ensure the protection of the rights and economic interests of the consumers by prohibiting the performers of commercial practices from using unfair business-to-consumer commercial practices.

Section 3. Scope of Application of this Law

(1) This Law defines unfair commercial practices, as well as regulates the competence of the supervisory institutions.

(2) The provisions of this Law apply to commercial practices that are implemented in relation to a consumer prior to entering into a contract, during entering into a contract, as well as after entering into a contract.

(3) The provisions of this Law do not affect:

1) contractual relations, particularly the validity of, entering into and consequences of a contract, provisions regarding harmlessness and safety requirements for goods and services, as well as jurisdiction of a dispute to a court;

2) the conditions for performing economic activities or issuing special permits (licences), as well as codes of conduct attributed to regulated professions or other provisions, the purpose of which is to maintain higher professional ethical standards;

3) assaying of precious metal articles.

[6 March 2014]

Section 4. Prohibition of Unfair Commercial Practices and Features of Unfair Commercial Practices

(1) Unfair commercial practices are prohibited.

(2) A commercial practice shall be unfair, if at least one of the following conditions has set in:

1) it does not conform to professional diligence and has a substantial negative effect or may have a substantial negative effect on the economic actions of such average consumer or an average representative of such group of consumers in relation to goods or services, to whom the commercial practice is addressed or whom it concerns;

2) it is misleading;

3) it is aggressive.

[6 March 2014]

Section 4.1 Compensation for Damage

A person who has suffered damage as a result of unfair commercial practices is entitled to bring a claim to a court in accordance with the procedures laid down in law.

[6 March 2014]

Section 5. Good Practice Code

(1) In order to promote the protection of the consumer's rights and economic interests and the conformity with the conditions of this Law, the performers of economic or professional activity or professional associations established thereof may draw up a good practice code.

(2) A good practice code shall be a voluntary agreement of the performers of economic or a professional activity or an aggregate of provisions, which is not governed in the laws and regulations, and shall regulate the behaviour of such performers of commercial practices, who have undertaken to fulfil the commitments specified in the good practice code in one or several types of commercial practices, as well as in one or several fields of economic or professional activity. It is prohibited to promote unfair commercial practices in the good practice code.

(3) Guidelines of fair commercial practice and professional diligence criteria may be included in the good practice code, which conform to generally recognised fair market practice and principle of good faith in the relevant field of economic or professional activity.

(4) The supervisory authorities referred to in Section 14 of this Law are entitled, upon their initiative or upon request of a professional association established by a performer or performers of economic or professional activity, to evaluate the good practice code and to provide a recommendatory opinion in relation thereto and recommendations regarding the good practice code to the responsible person.

(5) Within the meaning of this Law a person responsible for the good practice code is a performer of economic or professional activity or a professional association of performers of such activity, which draws up and reviews the good practice code and supervises the conformity with the provisions included therein.

[6 March 2014]

Chapter II
Commercial Practices Non-conforming with Professional Diligence, and Negative Influence on a Consumer's Economic Activity

Section 6. Commercial Practices Non-conforming with Professional Diligence

Commercial practices shall be considered as non-conforming with the professional diligence, if they are not performed with proficiency and diligence of such level, which the consumer may justifiably expect and that conforms to generally recognised goods market practice and principle of good faith of the relevant field of economic or professional activity.

Section 7. Negative Influence on a Consumer's Economic Activity

(1) Such commercial practices shall be considered as having a substantial negative effect on a consumer's economic activity, which substantially limit the possibility of the consumer to take a decision based on information and in the result of which the consumer may take such decision on the entering into a contract, which he or she would not have taken otherwise.

(2) A decision taken by a consumer on an action in relation to a transaction, in any case, shall be considered the decision of the consumer:

1) to purchase a product or to receive a service, or to refrain from such action;

2) regarding the way and conditions to purchase a product or to receive a service;

3) to pay the price of a product or service in parts or in whole;

4) to keep the product, to accept a service or to use a possibility to exercise the legal or contractual consumer rights thereof.

[6 March 2014]

Section 8. Negative Influence on a Consumer Group's Economic Activity

(1) If commercial practices may have a substantial negative effect only on a specifically definable consumer group's economic activity, which the performer of commercial practices might reasonably expect, taking into account the fact that these consumers are especially unprotected against the relevant practices, product or service due to the mental or physical state thereof, age or unreasonable trust (also due to the lack of experience or knowledge), then such commercial practices shall be assessed from the point of view of an average representative of the relevant consumer group.

(2) That specified in Paragraph one of this Section shall not apply to the rights of the performer of commercial practices to use in an advertisement exaggerated statements or statements which are not meant to be taken literally.

[6 March 2014]

Chapter III
Misleading Commercial Practices

Section 9. Misleading Actions

(1) Commercial practices shall be regarded as misleading if, taking into account all the circumstances, the consumer, under the influence thereof, takes or may take such decision on action in relation to a transaction, which he or she would not have taken otherwise. Commercial practices shall be regarded as misleading in the following cases:

1) misleading information is provided within the framework thereof or this information in any manner, including general presentation, misleads or may mislead the average consumer, even if it is factually correct;

2) the performer of commercial practices uses the promotion measures of the trade of goods or services, including comparative advertising, in such a way that causes confusion regarding the goods or a service, trademark, trade name, the name (firm name) of the manufacturer of goods or the provider of the service or other distinguishing mark;

3) the performer of commercial practices does not observe the obligations provided for in the good practice code, even though he or she has undertaken to fulfil them and has indicated that he or she is bound by the good practice code.

(2) The following shall be taken into account when assessing the conformity of commercial practices:

1) the existence, nature and main characteristics of goods or a service, for example, the accessibility of the goods or service; the benefits of the goods or service; the risks related to the goods or service; the activity, composition, accessories, after-sale customer assistance and the procedures for the complaint handling in relation to the goods or service; the method and date of manufacture and delivery; the conditions of delivery of the goods or service; the intention, use, quantity, specification, geographical or commercial origin of the goods or service; the results to be expected from the use of the goods or service; the results of tests or checks of the goods or service;

2) the extent of the commitments of the performer of commercial practices, the motives for the relevant commercial practice and the nature of the sales process of the goods or service, any statement or symbol in relation to direct or indirect sponsorship or approval of the performer of commercial practices or of the goods or service;

3) the price or the manner in which the price is calculated, or the existence of discounts;

4) the need for a service, part replacement or repair of the goods;

5) the nature, characteristic features and rights of the performer of commercial practices, for example, identity and good qualities, qualification, status, reputation, membership of or relation to some association, industrial, commercial or intellectual property rights or awards and prizes received by the performer of commercial practices;

6) the consumer's rights, including the right to claim in relation to the provisions of the contract or goods or a service non-conforming with the safety requirements.

[6 March 2014]

Section 10. Misleading Omissions

(1) Commercial practices shall be regarded as misleading if, taking into account their features and circumstances, as well as the limitations of the communication medium, the following may be concluded:

1) significant information is being omitted, which is necessary for an average consumer in order to take a decision, based on the information, and under the influence of commercial practices the consumer takes or may take such decision on action relating to a transaction, which he or she would not have taken otherwise;

2) the performer of commercial practices hides significant information or provides it in an unclear, unintelligible, ambiguous or untimely manner, or fails to identify the commercial intent of the commercial practice, if not already apparent from the context, and as a result of it an average consumer takes or may take such decision on action relating to a transaction, which he or she would not have taken otherwise.

(2) If the communication medium used in the commercial practices imposes limitations of space or time, then the limitations of a communication medium and measures, carried out by the performer of commercial practices, for the informing of consumers with other means shall be taken into account when assessing whether the information has been omitted.

(3) If the performer of commercial practices offers a consumer, in a manner appropriate for the used commercial communication medium, to purchase goods or to receive a service and specifies the features and price of the goods or service, thus giving the consumer an opportunity to make purchase (hereinafter - invitation to make purchase), the following information shall be considered as significant if not already apparent from the context:

1) the main characteristics of the goods or service, appropriate for the communication medium used and the particular goods or service;

2) the address and identity of the performer of commercial practices and, if the performer of commercial practices acts on behalf of another performer - then also the address and identity of this other performer of commercial practices;

3) the price (inclusive of taxes) or (where the nature of the product or service means that the price cannot reasonably be calculated in advance) the manner in which the price is calculated, as well as all additional charges (freight, delivery or postal), if any, or, (where these charges cannot reasonably be calculated in advance) the fact that such additional charges may be charged by the performer of commercial practices;

4) the arrangements for payment, delivery, performance of the contract and the complaint handling policy, if they depart from the requirements of professional diligence;

5) the right of withdrawal and other rights of terminating a contract.

(4) The requirements, which have been laid down for the provision of information in the Community legal acts governing the protection of consumer rights or the sale of goods and the provision of services or national laws and regulation, the norms of which arise from the Community legal acts, especially the information regarding the distance contract, distance financial service contract, contract on the right of long-term use of holiday accommodations, long-term contract on holiday products, contract on the resale of the right of long-term use of holiday accommodations or holiday products and contract for exchange of the long-term right to holiday accommodations, contract regarding consumer credit, regarding package tourist services, regarding the indicators of the prices of goods and services, regarding medicinal products, regarding information society services to be provided, regarding private pension funds and regarding the insurance contract shall be also regarded as significant information.

[6 March 2014]

Section 11. Misleading Commercial Practices in all Circumstances

Commercial practices shall be considered as misleading in all circumstances, if the performer of commercial practices:

1) claims to be the signatory of the good practice code, but it is not true;

2) uses the trust marks, quality marks or equivalent marks without having obtained the necessary authorisation;

3) provides false information regarding the fact that the good practice code has been approved by the State administration institution or by a private legal entity;

4) provides false information regarding the fact that conformity has been certified in relation to his or her activity in a specific field or in relation to the goods or service; that such activity, goods or service has been recommended or allowed by the State administration institution or by a private legal entity, or when providing such information, does not observe the conditions on which the conformity was certified, or the specific recommendation was given or the utilisation authorisation was assigned;

5) makes an invitation to purchase goods or receive services at a specified price without informing the consumer of the reasons due to which it may be foreseen that the performer of commercial activities will not be able to offer such or equivalent goods or services, supply or procure from the supplier at that price for a period that is, and in quantities that are, reasonable having regard to the product or service, the scale of advertising and the price offered;

6) makes an invitation to purchase goods or to receive services at a definite price, but refuses to show the offered item to consumers or refuses to take orders for it or deliver it within a reasonable time, or demonstrates goods or items with defects in order to promote the sale of another goods or service;

7) falsely states that goods or service will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, thereby stimulating the consumer to take a decision immediately on action relating to a transactionand without providing him or her with a possibility or sufficient period of time to take a decision based on the information;

8) in providing an after-sale service, in communication with a consumer uses the language, which is the official language in the European Union Member State where he or she is located, or in another state, but this language was not used in communication with the consumer prior to entering into a transaction and the performer of commercial practices has not clearly warned the consumer thereof beforehand;

9) states or otherwise creates the impression that the product can be sold legally or the service may be provided when it is not true;

10) presents the legal rights given to a consumer as a distinctive feature of the offer of the performer of commercial practices;

11) uses the editorial content of mass media (advertising) for the purpose of promoting the sale of goods or the provision of service, for which the performer of commercial practices has paid, without making it clear in the content or by images or sounds clearly identifiable by the consumer;

12) falsely claims that the personal security of a consumer or his or her family shall be at risk or provides false information regarding the degree of the possible risk in such case, if the consumer does not purchase the relevant product or does not use the relevant service;

13) implements measures for the promotion of the trade in relation to goods or service similar to the goods or service of a specific manufacturer or service provider in such a way as to create thereby a misleading impression to the consumer that the relevant goods have been manufactured or service has been provided by the particular manufacturer or service provider, but it is not true;

14) establishes or supports a pyramid promotional scheme where a consumer gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other consumers into the scheme rather than from the sale or utilisation of the goods or the provision of services;

15) provides false information regarding the fact that it is planned to cease trading or move to other premises;

16) claims that a product or service is able to facilitate winning in games of chance, raffles or lotteries;

17) provides false information regarding the fact that a product or service is able to cure illnesses, prevent dysfunction or physical malformations;

18) provides false information of significance regarding the situation in the market or the possibilities to purchase a product or to receive a service, thereby stimulating the consumer to purchase the product or to receive the service on such conditions that are less favourable than normal market conditions;

19) offers a competition and claims to provide prizes, but without awarding the prizes described or a reasonable equivalent;

20) describes goods or service as 'gratis', 'free', 'without charge' or similar, but the consumer has to pay more than the unavoidable costs that occur when responding to the commercial practices and receiving the goods or service or paying for the delivery of goods;

21) includes in the marketing material an invoice or similar document seeking payment which gives the consumer a false impression that he or she has already ordered the marketed product when he or she has not;

22) provides false information or creates a false impression regarding the fact that he or she is acting for purposes not related to the economic or professional activities, or represents oneself as a consumer;

23) creates a false impression that after-sale service of goods or service is available only in another European Economic Area Member State other than the one in which the good are sold or the service is provided.

[6 March 2014]

Chapter IV
Aggressive Commercial Practices

Section 12. Aggressive and Persistent Deeds, Coercion and Use of Undue Influence

(1) A commercial practice shall be regarded as aggressive if, taking into account all its features and all circumstances, it may be concluded that by harassment, coercion, including the use of physical force, or undue influence, it has a substantial negative effect or may have a substantial negative effect on the average consumer's freedom of choice or conduct with regard to the goods or service and as a result the consumer takes or may take a decision on action relating to a transaction, which he or she would not have taken otherwise.

(2) The use of positions of authority against the consumer and putting pressure upon the consumer even in such conditions when physical force has not been applied and the application thereof has not been threatened, however, the possibility of the consumer to take a decision based on the information is significantly limited shall be considered as undue influence.

(3) The following shall be taken into account in order to determine whether persistent deeds, coercion or undue influence is applied in the commercial practices:

1) the time, place, character or duration of the event;

2) whether threats or offences with words or by action have been used;

3) whether the performer of commercial practices has intentionally used a specific misfortune or such serious circumstances that impair the consumer's ability to reason in order to influence the decision of the consumer on action relating to a transaction;

4) any onerous or disproportionate non-contractual barriers imposed by the performer of commercial practices where a consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another trader of a product or service provider;

5) any threat to take unlawfull actions.

[6 March 2014]

Section 13. Aggressive Commercial Practices in any Circumstances

A commercial practice shall be regarded as aggressive in any circumstances if the performer of commercial practices:

1) creates an impression that the consumer will not be able to leave the relevant room before he or she has entered into a contract;

2) arrives at the consumer's home, ignoring his or her request to leave the house or not return to it, except the case when the performer of commercial practices arrives in order to fulfil his or her contractual obligations in accordance with laws and regulations;

3) delivers persistent and undesirable offers to the consumer by a telephone, fax, e-mail or other communication medium, except the case when the performer of commercial practices carries out the latter in order to fulfil his or her contractual obligations in accordance with laws and regulations and observes the restrictions of the use of a distance communication medium laid down in other laws and regulations;

4) requires from the consumer who wishes to submit an application regarding the receipt of insurance reimbursement according to the entered into insurance contract to submit the documents that judiciously may not be recognised as such that would justify such request, or systematically evades from the answer to the respective correspondence in order to prevent the consumer from the exercising the contractual rights;

5) includes in an advertisement a direct invitation to children to purchase a product or to receive a service, or to persuade the parents or other adults to purchase the product or to receive the service;

6) requests an immediate or deferred payment for the supplied goods or for the provided services that have not been ordered by the consumer, or requests to give such product or item back or to store it, except the case when an equivalent good has been supplied or a service has been provided in accordance with the laws and regulations regarding the distance contract;

7) clearly informs the consumer that in case he or she does not purchase a product or does not use a service, the job or livelihood of the performer of commercial practices will be in jeopardy;

8) creates a false impression that the consumer has already won, will win, or will on doing a particular act win, a prize or other advantage, when in fact there is no prize or other advantage, or a consumer is given an opportunity to win a prize or other advantage after paying money or incurring personal expenses.

[6 March 2014]

Chapter V
Supervision

Section 14. Supervisory Authorities

(1) Conformity with this Law shall be supervised, according to the competence, by the Consumer Rights Protection Centre, in the field of medicinal products - the Health Inspectorate (hereinafter - the Supervisory Authority).

(2) The Supervisory Authority is entitled to request that the State administration institutions, which are responsible for State control and supervision in relation to certain goods or services, examine the conformity of a specific product or service with the information utilised in the commercial practices or that they perform other activities that are necessary for the assessment of commercial practices.

[6 March 2014]

Section 15. Rights of the Supervisory Authority

(1) The Supervisory Authority shall carry out the supervision of commercial practices according to the supervisory priorities stipulated by the authority, assessing the impact of the potential violation on the collective interests of consumers, as well as ensuring balanced supervision of activities of persons implementing commercial practices:

1) upon initiative thereof, including on the basis of a submission of a person in accordance with the Consumer Rights Protection Law;

2) on the basis of information provided by such authority, the competence of which includes the supervision and control of the relevant field;

3) on the basis of a submission submitted by an institution of a European Union Member State, which has been included in the list of such institutions of Member States published in the Official Journal of the European Union, which are entitled to render an adjudication in relation to a submission of the competent authority regarding a violation of the consumer rights committed in the European Union.

(2) The Supervisory Authority, evaluating the conformity of commercial practices with the requirements of this Law, is entitled to request and to receive from the performer of commercial practices all information, documents and other evidence regarding the veracity of the information used in commercial practices, the conformity of the activity with the requirements of this Law, as well as to determine the time period for the submission of the documents and evidence necessary for the clarification of the case.

(3) If the performer of commercial practices does not provide the requested information in accordance with Paragraph two of this Section or if it is incomplete, the Supervisory Authority is entitled to consider that the information used in the commercial practices is imprecise or false.

(4) The Supervisory Authority, upon evaluating the character and nature of commercial practices, as well as other aspects, is entitled to propose that the performer of commercial practices:

1) within a specified time period would ensure the conformity of commercial practices with the requirements of laws and regulations;

2) commits in writing to eliminate the determined violation within a specified time period.

(5) The rights referred to in Paragraph four of this Section shall not forbid the Supervisory Authority to take the decisions referred to in Paragraph eight of this Section.

(6) If within the time period specified in accordance with Paragraph four, Clause 1 of this Section, the conformity of commercial practices with the requirements of laws and regulations is not ensured, the Supervisory Authority shall take one or several of the decisions referred to in Paragraph eight of this Section.

(7) If, in accordance with Paragraph four, Clause 2 of this Section, the performer of commercial practices commits in writing to eliminate the violation within a specified time period, the Supervisory Authority shall not take the decisions referred to in Paragraph eight of this Section. Upon signing the commitment in writing, the performer of commercial practices has acknowledged his or her guilt in the determined violation. If the commitment has not been fulfilled, the Supervisory Authority shall be entitled to take one or several of the decisions referred to in Paragraph eight of this Section and the performer of commercial practices shall be held liable in accordance with laws and regulations.

(8) If the Supervisory Authority acknowledges commercial practices as unfair, it is entitled to take one or several decisions with which:

1) the performer of commercial practices has to fulfil the duty to provide in a conforming manner additional information that is necessary in order to ensure the conformity of commercial practices with the requirements of this Law;

2) the performer of commercial practices has to fulfil the duty to terminate the unfair commercial practice;

3) the unfair commercial practice is prohibited, if it has not been commenced yet, but is expected;

4) the performer of commercial practices has the duty to publish a notice in the media conforming with the relevant commercial practices, in which the corrected information shall be specified by withdrawing the unfair commercial practices;

5) the administrative sanctions are applied in accordance with the procedures laid down in the Law.

(9) The Supervisory Authority is entitled to take the decisions referred to in Paragraph eight of this Section also if it has no evidence regarding the losses caused by the performer of commercial activities.

(10) The Supervisory Authority shall not commence the evaluation of the conformity of commercial practices with the requirements of laws and regulations or shall suspend the evaluation, if a decision to terminate the investigation of the case has been taken or, if one of the following decisions to prohibit the specific unfair commercial practice violation has been already taken:

1) one of the decisions referred to in Paragraph eight of this Section;

2) one of the decisions referred to in Section 15, Paragraph four of the Advertising Law.

(11) In order to reduce the negative consequences caused as a result of the non-conformity with the prohibition of an unfair commercial practice, the Supervisory Authority is entitled to place the information regarding the undertaking referred to in Section 15, Paragraph four, Clause 2 of this Law on its website, but the decision - to place it partly or completely on its website and to publish it in the newspaper Latvijas Vēstnesis [the official Gazette of the Government of the Republic of Latvia] (the expenses related to the publishing shall be covered by the performer of commercial practices).

[18 October 2012]

Section 15.1 Written Commitment

(1) A written commitment is a document, which upon proposal of the Supervisory Authority is signed by the performer of commercial practices, committing to eliminate the detected violation within a specified time period. A written commitment may include the commitment of the performer of commercial activities:

1) not to perform specific activities;

2) to perform specific activities, also to provide additional information necessary in order to ensure the conformity of commercial practices with the requirements of this Law, to publish a notification in a communication medium conforming to the respective commercial practices, in which unfair commercial practices are withdrawn;

3) to reimburse the losses caused to consumers.

(2) Upon signing a written commitment in which the violation, as well as the way and time period for elimination thereof is indicated, the performer of commercial practices acknowledges that he or she has committed the violation detected. The written commitment shall be deemed received (enter into effect) from the moment when the Supervisory Authority has approved its acceptance, certifying in writing to the performer of commercial activities that the relevant measures are sufficient for elimination of the violation and its impact. The Supervisory Authority shall notify acceptance of the written commitment in accordance with the procedures laid down in the Law On Notification. The time period for elimination of the violation shall not exceed the time period necessary for the performer of commercial practices to take the intended measures and to ensure the conformity with the interests of consumers, and usually may not be longer than three months, except cases when the nature of the intended measures justifies a longer time period.

(3) If the performer of commercial practices commits, in accordance with Section 15, Paragraph five, Clause 2 of this Law, to eliminate the detected violation and the written commitment has entered into effect, the Supervisory Authority shall not take the decisions referred to in Section 15, Paragraph eight of this Law and shall terminate the administrative record-keeping in the part regarding the violation, which the performer of commercial activities is committing to eliminate. If the Supervisory Authority detects that the written commitment is not being carried out, it is entitled to take one or several of the decisions referred to in Section 15, Paragraph eight of this Law.

(4) The performer of commercial practices shall, without delay but not later than within three working days after the end of the time period laid down in Paragraph three of this Section, inform the Supervisory Authority regarding carrying out, adding proof certifying the carrying out.

[6 March 2014]

Section 16. Appeal of a Decision of the Supervisory Authority

The decision of the Supervisory Authority may be appealed to a court in accordance with the procedures laid down in laws and regulations. The appeal of a decision shall not suspend the application thereof.

Section 17. Decision of the Supervisory Authority on Provisional Regulation

(1) If the Supervisory Authority has grounds for considering that the prohibition of unfair commercial practices has been violated and it may cause an immediate and significant harm to the economic interests of a specific group of consumers, it is entitled to take the decision referred to in Section 15, Paragraph eight, Clause 2 or 3 of this Law as a provisional regulation.

(2) The decision on provisional regulation shall be in effect from the moment of the announcement thereof until the moment when it is revoked with a decision of the Supervisory Authority or is changed, or when the final decision of the Supervisory Authority enters into effect.

(3) The decision of the Supervisory Authority on provisional regulation may be appealed to an administrative district court within 10 days from the day of the entering into effect thereof. The appeal of the decision shall not suspend the application thereof.

(4) The court shall adjudicate by written procedure the application regarding the decision of the Supervisory Authority on provisional regulation within 14 days.

(5) The decision by a court regarding the decision referred to in Paragraph four of this Section may not be appealed and shall enter into effect at the moment of taking thereof.

Transitional Provision

[6 March 2014]

The new wording of Section 15, Paragraphs two, three, four, five, six, seven, eight, nine, ten and eleven of this Law, Paragraphs twelve, thirteen and fourteen, Section 15.2, the new wording of Sections 16 and 17, as well as Sections 18 and 19 (regarding the right of the Supervisory Authority to impose a fine for commercial practices not conforming to the requirements of laws and regulations and to examine the respective cases of violation in accordance with the procedures laid down in the Administrative Procedure Law) shall come into force concurrently with the respective amendments to the Latvian Administrative Violations Code.

(The abovementioned amendments will be included in the wording of the Law from the day of coming into force of respective amendments to the Latvian Administrative Violations Code)

Informative Reference to European Union Directive

[18 October 2012]

The Law contains legal norms arising from:

1) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council;

2) Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests;

3) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on Electronic Commerce).

This Law shall come into force on 1 January 2008.

This Law has been adopted by the Saeima on 22 November 2007.

President V. Zatlers

Riga, 12 December 2007

 


1 The Parliament of the Republic of Latvia

Translation © 2015 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 22.11.2007.Entry into force: 01.01.2008.Theme:  Commercial rights; Consumer rightsPublication: Latvijas Vēstnesis, 199, 12.12.2007.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1, 10.01.2008.
Language:
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