Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 409.2 · Protection Of Consumers (Timeshare, (S.L. 409.2)

S.L. 409.2 Art. 13Offences and penalties. [ Cap. 9.

In KraftAmtlicher Text

(1) Any person who contravenes the provisions of regulations 5, 6, 7 and 9 shall be guilty of an offence, and shall, on conviction, be liable to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro (€2,329) in respect of any contravention, provided that in the case of contravention of regulation 9, in addition to the penalty related to that offence, the person shall be ordered to refund the consumer the advance payments, the provision of guarantees, the reservation of money on account and the explicit acknowledgment of debt or any other consideration made as a result of such offences.

(2) In any prosecution against a person charged with one of the offences listed in sub-regulation (1), it shall be sufficient for the prosecution to produce the relevant documentation duly authenticated and shall not be required to produce the consumer.

(3) Where an offence under these regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of any director, manager, secretary or other similar officer of such body or of any person who was purporting to act in any such capacity, that person, as well as such body, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first mentioned offence. S.L.409.02 AND EXCHANGE CONTRACTS)

(4) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal in the Court of the Criminal Appeal from any judgment given in proceedings arising out of these regulations.