Regulation 4 Injunctions to secure compliance with Regulation 2019/1150

(1)

This regulation applies where a qualifying organisation or association considers that there has been or is likely to be—

(a)

a breach by a provider of online intermediation services of an obligation to comply with any of the following provisions of Regulation 2019/1150—

(i)

any provision referred to in regulation 3(1);

(ii)

Article 5 (ranking);

(iii)

Article 6 (ancillary goods or services);

(iv)

Article 7 (differentiated treatment);

(v)

Article 9 (access to data);

(vi)

Article 10 (restrictions to offer different conditions through other means);

(vii)

Article 11 (internal complaint-handling system);

(viii)

Article 12 (mediation);

(b)

a breach by a provider of an online search engine of an obligation to comply with any of the following provisions of Regulation 2019/1150—

(i)

Article 5 (ranking);

(ii)

Article 7 (differentiated treatment).

(2)

Where this regulation applies, a qualifying organisation or association may, if it thinks it is appropriate to do so, bring proceedings against the provider of online intermediation services or provider of an online search engine for an appropriate remedy.

(3)

For the purposes of this regulation and regulation 5—

(a)

“an appropriate remedy” means—

(i)

an injunction (including an interim injunction);

(ii)

in Scotland, an interdict or specific performance of a statutory duty under section 45 of the Court of Session Act 1988^f1; or

(iii)

any other appropriate remedy or relief;

(b)

a “qualifying organisation or association” is an organisation or association that has the right set out in Article 14(1) of Regulation 2019/1150 (judicial proceedings).

Annotations

Footnotes

f1: 1988 c. 36.