S.L. 378.12 Art. 23Investigations, judicial proceedings, penalties and the right of appeal.

(1) The Director General shall proceed according to article 12, and where, upon the conclusion of an investigation, it appears to the Director General, that an infringement of prima facie these regulations has occurred, the Director General shall institute judicial proceedings against the person concerned before the Civil

Court by means of a sworn application and the provisions of Part IIA shall apply to these judicial proceedings.

(2) Subject to the provisions of Part IIA, the Civil Court, in its judgement, shall impose a penalty and issue such order, or take such measure as it may deem appropriate in terms of the Act, upon any person who contravenes or fails to comply with any of the provisions of these regulations.

(3) Any person who contravenes any provision of these regulations shall be guilty of an infringement punishable by a penalty of not less than one thousand euro (€1,000) and not exceeding forty-five thousand euro (€45,000).

(4) 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 thirty euro (€130) and not more than two hundred and thirty euro (€230) for each day of non-compliance.

(5) In determining the amount of the penalty specified in this regulation, the Civil Court shall be guided by the following considerations:

(a) for infringements under these regulations, the basic amount of the penalty shall be twenty thousand euro (€20,000):

Provided that the Civil Court may, in setting the penalty, take into account circumstances that may lead to an increase or decrease in the basic amount:

Provided further that the Civil Court shall do so on the basis of an overall assessment which takes into account all the relevant circumstances, including the value of the credit under the credit agreement and the turnover of the creditor;

(b) the Civil Court may impose a higher penalty than the basic amount where there are aggravating circumstances, having regard, in particular, to the gravity and duration of the infringement and, or to the amount of gains improperly made as a result of the infringement;

(c) without prejudice to the generality of paragraph (b), the following shall in all cases be deemed as aggravating circumstances:

(i) a second or subsequent infringement;

(ii) where the infringement constitutes an unfair commercial practice in terms of the Act; and

(d) the basic amount may be decreased where the Civil Court finds that there are mitigating circumstances in particular:

(i) where the creditor or the credit intermediary, as the case may be, provides evidence that he terminated the infringement concerned prior to or as soon as the Director General commenced an investigation;

(ii) where the creditor or the credit intermediary, as the case may be, provides evidence that he has taken adequate steps to reduce the negative effects of the infringement.

(6) In discharging his functions under these regulations, the

Director General shall have the same powers as prescribed under the Act except where competences are assigned to the Civil Court by the Act and by the Malta Competition and Consumer Affairs Authority Act.

(7) Any person who feels aggrieved by a judgement, order, penalty or measure issued by the Civil Court, may appeal before the Court of Appeal, on any point of law and, or of fact, by means of an application filed in the registry of the Court of Appeal within twenty days from the date of the judgment of the Civil Court:

Provided that the Court of Appeal shall appoint the case for hearing by not later than six months from the judgement of the Civil Court.