LAW OF THE REPUBLIC OF MOLDOVA

of April 17, 2025 No. 80

About representative claims for protection of collective consumer interests

The parliament adopts this organic law.

This law partially shifts the Directive of the European parliament and Council (EC) 2020/1828 of November 25, 2020 about the representative actions directed to protection of collective consumer interests and also about cancellation of the Directive 2009/22/EU, L409 published in the Official magazine of the European Union of December 4, 2020, CELEX: 32020L1828, with the changes made by Regulations of the European parliament and Council (EC) 2024/1781 of June 13, 2024.

Chapter I. General provisions

Article 1. Subject and purpose of the law

(1) This law establishes the regulatory base for implementation of representative claims for protection of collective consumer interests for the purpose of ensuring high level of their protection and proper functioning of the market.

(2) This law is aimed at improvement of access for consumers to justice and establishes the corresponding guarantees according to the prevention of abuse of procedural law.

(3) This law provides the procedural mechanism of protection of collective consumer interests allowing qualified organizations to submit representative claims for the purpose of receipt of both measures for the termination, and recovery measures.

(4) Enforcement of this law is not the basis for decrease in level of consumer protection in the areas regulated by the regulations specified in appendix.

(5) Qualified organizations have the right to choose any procedural mechanism, available according to the legislation, for the purpose of ensuring protection of collective consumer interests.

Article 2. Scope

(1) This law is applied to the representative claims submitted concerning violation by businessmen of provisions of the regulations specified in appendix which cause or can cause damage to collective consumer interests.

(2) This law does not mention the regulations specified in appendix.

(3) This law is applied to violation of provisions of regulations of national and cross-border levels, including in cases when the corresponding violation stopped before submission of the representative claim, and in cases when the corresponding violation stopped before completion of the representative claim.

(4) This law does not mention the regulations establishing the contractual and non-contractual methods of settlement available to consumers in case of the violations specified in parts (1) - (3).

(5) This law does not mention precepts of law of private international law, in particular those which concern judicial competence, recognition and carrying out of judgments on civil and trade cases, and also the legal statuses concerning the right applicable to contractual and non-contractual commitments.

(6) Without prejudice to other laws of civil procedure rule are applied in the appropriate order to representative claims for protection of collective consumer interests, except as specified, when this law provides other.

Article 3. Concepts

For the purposes of this law the following basic concepts are used:

1) the representative claim for protection of collective consumer interests (the representative claim) - the claim for ensuring protection of collective consumer interests submitted by qualified organization as the claimant on behalf of consumers for the purpose of receipt of certain measures for the termination and/or certain recovery measures;

2) the national representative claim - the representative claim submitted by qualified organization in the state in which this organization was appointed as qualified organization;

3) the cross-border representative claim - the representative claim submitted by qualified organization in the state other than the state in which the qualified organization was appointed as qualified organization;

4) the businessman - in the value determined by Article 1 of the Marine life protection act of the rights of consumers No. 105/2003;

5) conflict of interest - contradictory situation between own interests of qualified organization and consumer interests when qualified organization, his representative or the financing subject have interests which can influence in an inadequate way accomplishment of the obligations and obligations assumed as the consumer spokesman, or decision path, contradicting consumer interests or the fact that qualified organization, his representative or the financing subject are the defendant businessman's competitor;

6) the consumer - in the value determined by Article 1 of the Marine life protection act of the rights of consumers No. 105/2003;

7) the final decision - the decision of degree of jurisdiction or body of the public power which is not subject or is not subject to appeal any more;

8) qualified organization - the non-profit organization or body of the public power representing consumer interests and appointed as the representative claims qualified for giving according to this law or according to the legislation of the state in which the relevant qualified organization was appointed;

9) collective consumer interests - in the value determined by Article 1 of the Marine life protection act of the rights of consumers No. 105/2003;

10) recovery measure - the measure obliging the businessman to provide to consumers access to settlement methods, such as compensation, repair, replacement, reduction of price, cancellation of the agreement or cost recovery of product/service;

11) practice - any action or failure to act of the businessman.

Chapter II. Representative claims

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