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Legislation covered by Part 8 of the Enterprise Act - community infringements

A Community infringement is an act or omission which:

  • harms the collective interests of consumers, and which:

  • contravenes a Directive listed in Schedule 13 of the Act given effect by legislation or other provisions in the UK or any other EEA state, or

  • contravenes such legislation or other provisions which provide additional permitted protections. These are consumer protection provisions that are provided in addition to the minimum protections required by the relevant Directives, but which are also permitted by those Directives.

The Secretary of State has by Statutory Instrument specified the UK laws which give effect to the listed Directives and that which provide additional permitted protections.

The OFT takes the view that, as regards UK law, the scope of the Community legislation covered includes any provision which directly implements provisions in the Directives listed in the Injunctions Directive or provides.




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