S.L. 117.42 Art. 11Proceedings and damages.

(1) Without prejudice to sub-regulation (7), if the

Board determines that an unfair trading practice falling within the scope of the Directive is in place to the detriment of a supplier, it may draw up a report on the facts relevant to the complaint and, or investigation, and the findings thereof, and said report shall include a description of the relevant unfair trading practices and a quantification, by way of estimate, of the damages suffered and to be suffered by the suppliers up to the cessation of the unfair trading practice.

(2) For the purposes of sub-regulation (1) the Board may invite the parties concerned to a mediation procedure in front of the Board so as to come to an agreed report and a quantification of damages.

(3) If the parties concerned agree with the conclusions of the report referred in this regulation and the damages therein estimated, they may come to a written agreement approved, witnessed and signed by a duly authorised representative of the Board, and by which said damages are liquidated in satisfaction of all claims related to the unfair trading practices between the concerned parties:

Provided that said agreement shall allow for partial payments to be made as may be agreed and approved according to this regulation:

Provided further that said agreement may provide for daily penalties for events of default:

Provided further that upon the expiry of any term provided in said agreement or in default of any payment therein agreed, the agreement shall be considered as an executive title for all intents and purposes at law.

(4) Any mediation procedure or agreement according to this regulation shall be subject to a temporary cessation of the practice determined as being an unfair trading practice while the mediation is underway and during the relevant period of the agreement reached.

(5) Should the parties concerned agree as provided according to sub-regulation (3), and should the unfair trading practice concerned have been definitely ended, no further action of any nature whatsoever, inclusive of proceedings according to regulation 12 or any other law, shall lie against the party otherwise liable.

(6) In the absence of any agreement according to the preceding sub-regulations, the Board shall proceed to finalise its report and provide it to the concerned parties and anything done according to these regulations shall be without prejudice to any right pertaining to the concerned parties.

(7) The supplier and, or the buyer, may contest the finding, or lack thereof, of an unfair trading practice by the Board by application to the Administrative Review Tribunal within twenty (20) days from said finding being final according to these regulations, and for such purposes the Administrative Review Tribunal shall be deemed to have jurisdiction according to law:

Provided that if the Administrative Review Tribunal determines that an unfair trading practice has occurred, it shall also liquidate the damages suffered by the supplier, with interest according to law.