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S.L. 399.49 · Online Intermediation Services For (S.L. 399.49)

S.L. 399.49 Art. 6Powers ofthe Civil Court.   Cap. 12.

In KraftAmtlicher Text

(1) The Civil Court on receipt of an application under regulations 4 or 5, shall order the notification of the application onto the person against whom the application is filed and who is allegedly acting in infringement of Regulation (EU) 2019/1150, which person shall be entitled to reply within twenty (20) days or such lesser period as the Court may consider appropriate in the circumstances, which period shall commence as from the date of notification upon that person.

(2) The Civil Court may in determining any action brought before it in accordance with these regulations, grant any appropriate remedy on such terms as it may consider necessary to secure compliance with the requirements of Regulation (EU) 2019/1150. In doing so the Court shall have regard to all the interests involved in particular the public interest.

(3) The Civil Court may in determining any action brought before it in accordance with these regulations, also require that any provider of online intermediation services or provider of an online search engine publishes in such form and manner and to such extent as the Court considers appropriate for the purpose of eliminating any continuing effects of non-compliance:

(a) a copy of the court decision; and, or

(b) a corrective statement as may be determined by the Court.

(4) Unless provided otherwise in these regulations, the provisions of the Code of Organization and Civil Procedure for the hearing and determination of cases and of any appeal therefrom shall apply in relation to any actions brought under these regulations:

Provided that there shall be a right of appeal from a decision of the Civil Court on a point of law to the Court of Appeal (Superior).