What changed, Directive 2009/22/EC

+ ### Article 1 — Scope
− ### art_1
− Article 1
− 
+ ### Article 2 — Actions for an injunction
− ### art_2
− Article 2
− 
+ (a) an order with all due expediency, where appropriate by way of summary procedure, requiring the cessation or prohibition of any infringement;
− | (a) | an order with all due expediency, where appropriate by way of summary procedure, requiring the cessation or prohibition of any infringement; |
− | --- | --- |
+ (b) where appropriate, measures such as the publication of the decision, in full or in part, in such form as deemed adequate and/or the publication of a corrective statement with a view to eliminating the continuing effects of the infringement;
− | (b) | where appropriate, measures such as the publication of the decision, in full or in part, in such form as deemed adequate and/or the publication of a corrective statement with a view to eliminating the continuing effects of the infringement; |
− | --- | --- |
+ (c) in so far as the legal system of the Member State concerned so permits, an order against the losing defendant for payments into the public purse or to any beneficiary designated in or under national legislation, in the event of failure to comply with the decision within a time limit specified by…
− | (c) | in so far as the legal system of the Member State concerned so permits, an order against the losing defendant for payments into the public purse or to any beneficiary designated in or under national legislation, in the event of failure to comply with the decision within a time limit specifie…
− | --- | --- |
+ ### Article 3 — Entities qualified to bring an action
− ### art_3
− 
− Article 3
− 
− | (a) | one or more independent public bodies, specifically responsible for protecting the interests referred to in Article 1, in Member States in which such bodies exist; and/or |
− | --- | --- |
+ (a) one or more independent public bodies, specifically responsible for protecting the interests referred to in Article 1, in Member States in which such bodies exist; and/or
− | (b) | organisations whose purpose is to protect the interests referred to in Article 1, in accordance with the criteria laid down by the national law. |
− | --- | --- |
+ (b) organisations whose purpose is to protect the interests referred to in Article 1, in accordance with the criteria laid down by the national law.
− ### art_4
+ ### Article 4 — Intra-Community infringements
− Article 4
+ 3. The Commission shall draw up a list of the qualified entities referred to in paragraph 2, with the specification of their purpose. This list shall be published in the *Official Journal of the European Union*; changes to this list shall be published without delay and the updated list shall be publ…
− 3. The Commission shall draw up a list of the qualified entities referred to in paragraph 2, with the specification of their purpose. This list shall be published in the Official Journal of the European Union; changes to this list shall be published without delay and the updated list shall be publis…
+ ### Article 5 — Prior consultation
− ### art_5
− 
− Article 5
+ 2. The rules governing prior consultation adopted by Member States shall be notified to the Commission and shall be published in the *Official Journal of the European Union*.
− 2. The rules governing prior consultation adopted by Member States shall be notified to the Commission and shall be published in the Official Journal of the European Union.
+ ### Article 6 — Reports
− ### art_6
− 
− Article 6
+ (a) the scope of this Directive in relation to the protection of the collective interests of persons exercising a commercial, industrial, craft or professional activity;
− | (a) | the scope of this Directive in relation to the protection of the collective interests of persons exercising a commercial, industrial, craft or professional activity; |
− | --- | --- |
+ (b) the scope of this Directive as determined by the Directives listed in Annex I;
− | (b) | the scope of this Directive as determined by the Directives listed in Annex I; |
− | --- | --- |
+ (c) whether the prior consultation provided for in Article 5 has contributed to the effective protection of consumers.
− | (c) | whether the prior consultation provided for in Article 5 has contributed to the effective protection of consumers. |
− | --- | --- |
+ ### Article 7 — Provisions for wider action
− ### art_7
− Article 7
− 
+ ### Article 8 — Implementation
− ### art_8
− Article 8
− 
+ ### Article 9 — Repeal
− ### art_9
− Article 9
− 
+ 
+ ### Article 10 — Entry into force
+ 
+ This Directive shall enter into force on 29 December 2009.
+ 
+ ### Article 11 — Addressees
+ 
+ This Directive is addressed to the Member States.
+ 
+ ### ANNEX I
+ 
+ **LIST OF DIRECTIVES REFERRED TO IN ARTICLE 1** (5)
+ 
+ 1. Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ L 372, 31.12.1985, p. 31).
+ 
+ 2. Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (OJ L 42, 12.2.1987, p. 48) (6).
+ 
+ 3. Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 (OJ L 298, 17.10.1989, p. 23).
+ 
+ 4. Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158, 23.6.1990, p. 59).
+ 5. Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
+ 
+ 6. Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ L 144, 4.6.1997, p. 19).
+ 
+ 7. Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).
+ 
+ 8. Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects on information society services, in particular electronic commerce, in the internal market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1).
+ 
+ 9. Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use: Articles 86 to 100 (OJ L 311, 28.11.2001, p. 67).
+ 
+ 10. Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (OJ L 271, 9.10.2002, p. 16).
+ 
+ 11. Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (OJ L 149, 11.6.2005, p. 22).
+ 
+ 12. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
+ 
+ 13. Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (OJ L 33, 3.2.2009, p. 10).
+ 
+ 14. Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes (OJ L 165, 18.6.2013, p. 63): Article 13.
+ 
+ ### ANNEX II
+ 
+ **PART A**
+ 
+ **Repealed Directive and its amendments**
+ 
+ (referred to in Article 9)
+ 
+ | Directive 98/27/EC of the European Parliament and of the Council(OJ L 166, 11.6.1998, p. 51). |  |
+ | --- | --- |
+ | Directive 1999/44/EC of the European Parliament and of the Council(OJ L 171, 7.7.1999, p. 12). | Article 10 only |
+ | Directive 2000/31/EC of the European Parliament and of the Council(OJ L 178, 17.7.2000, p. 1). | Article 18(2) only |
+ | Directive 2002/65/EC of the European Parliament and of the Council(OJ L 271, 9.10.2002, p. 16). | Article 19 only |
+ | Directive 2005/29/EC of the European Parliament and of the Council(OJ L 149, 11.6.2005, p. 22). | Article 16(1) only |
+ | Directive 2006/123/EC of the European Parliament and of the Council(OJ L 376, 27.12.2006, p. 36). | Article 42 only |
+ 
+ **PART B**
+ 
+ **List of time limits for transposition into national law and application**
+ 
+ (referred to in Article 9)
+ 
+ | Directive | Time limit for transposition | Date of application |
+ | --- | --- | --- |
+ | 98/27/EC | 1 January 2001 | — |
+ | 1999/44/EC | 1 January 2002 | — |
+ | 2000/31/EC | 16 January 2002 | — |
+ | 2002/65/EC | 9 October 2004 | — |
+ | 2005/29/EC | 12 June 2007 | 12 December 2007 |
+ | 2006/123/EC | 28 December 2009 | — |
+ 
+ ### ANNEX III
+ 
+ **CORRELATION TABLE**
+ 
+ | Directive 98/27/EC | This Directive |
+ | --- | --- |
+ | Articles 1 to 5 | Articles 1 to 5 |
+ | Article 6(1) | Article 6(1) |
+ | Article 6(2), first subparagraph, first indent | Article 6(2), first subparagraph, point (a) |
+ | Article 6(2), first subparagraph, second indent | Article 6(2), first subparagraph, point (b) |
+ | Article 6(2), first subparagraph, third indent | Article 6(2), first subparagraph, point (c) |
+ | Article 6(2), second subparagraph | Article 6(2), second subparagraph |
+ | Article 7 | Article 7 |
+ | Article 8(1) | — |
+ | Article 8(2) | Article 8 |
+ | — | Article 9 |
+ | Article 9 | Article 10 |
+ | Article 10 | Article 11 |
+ | Annex | Annex I |
+ | — | Annex II |
+ | — | Annex III |
+ 
+ (1) OJ C 161, 13.7.2007, p. 39.
− ### art_10
+ (2) Opinion of the European Parliament of 19 June 2007 (OJ C 146 E, 12.6.2008, p. 73) and Council Decision of 23 March 2009.
− Article 10
+ (3) OJ L 166, 11.6.1998, p. 51.
− This Directive shall enter into force on 29 December 2009.
+ (4) See Annex II, Part A.
− ### art_11
+ (5) The Directives referred to in points 5, 6, 9 and 11 contain specific provisions concerning injunctions.
− Article 11
+ (6) The said Directive was repealed and replaced, with effect from 12 May 2010, by Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers (OJ L 133, 22.5.2008, p. 66).
− This Directive is addressed to the Member States.