The translation of this document is outdated.
Translation validity: 03.04.2014.–01.03.2023.
Amendments not included:
09.02.2023.
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)