S.L. 549.134 Art. 35Civil action by the licensed operator.       Cap. 12.

(1) Where the licensed operator has suffered damage caused by a producer, distributor, retailer or catering undertaking acting in contravention of these regulations the operator shall be entitled to claim and to obtain full compensation for that damage from the respective producer, distributor, retailer or catering undertaking, which action shall be instituted in accordance with the provisions of the Code of Organization and Civil Procedure.

(2) Full compensation shall place the operator in the position in which it would have been had the infringement of these regulations not been committed. It shall therefore cover the right to compensation for actual loss and for loss of earnings as well as the payment of interest from the time the damage occurred until the capital sum awarded is actually paid:

Provided that full compensation under this regulation shall in no case lead to over-compensation of the operator where the court has ordered the offender to make restitution or compensation in terms of sub-regulation (6) of regulation 31.

(3) An infringement of these regulations found by a final decision of the competent court shall be deemed to be irrefutably established for the purposes of an action for damages brought pursuant to this regulation.

(4) An action for damages pursuant to this regulation is prescribed by the lapse of five (5) years. The period of prescription shall begin to run from the date when the infringement of these regulations has ceased, and the operator became aware, or can reasonably be expected to have become aware:

(a) of the behaviour in question;

(b) of the fact that the infringement of these regulations caused it harm; and

(c) the identity of the offender.

(5) The period of prescription in sub-regulation (4) shall be suspended where the Agency takes action for the purpose of investigating the infringement of these regulations to which the action for damages relates or where there are criminal proceedings in front of the Court of Magistrates in respect of the infringement of these regulations to which the action for damages relates.

Part VII Various Provisions