REPUBLIC OF LITHUANIA LAW ON CONSUMER PROTECTION
10 November 1994 No I-657
(As last amended on 30 September 2021 – No XIV-550)
Vilnius
SECTION ONE
GENERAL PROVISIONS
Article 1. Purpose and scope of the Law
1. This Law shall define consumer rights and areas of consumer protection; establish an institutional framework for consumer protection and the competences of consumer protection authorities; and govern consumer awareness raising, relations between consumers, sellers, and service providers, the procedure for the protection of consumer rights out of court, and the liability for violations of the legal acts governing consumer protection.
2. This Law shall seek to ensure the application of the legal acts of the European Union referred to in the Annex to this Law.
3. This Law shall not apply to educational and social services financed from state and municipal budgets, to personal and public health care services, the costs of which by law are covered/reimbursed from the Compulsory Health Insurance Fund and state or municipal budgets, to the provision of medicinal products, as well as to the enforcement of court judgements.
4. In cases where the Law on Payments applies, the provisions of Articles 13 and 20 of this Law shall apply in place of the information requirements provided for in Article 36(5) to (9) of this Law, except for points 3 to 8 of Article 36(7), points 1, 4 and 5 of Article 36(8), and Article 36(9)(2).
Article 2. Definitions
1. ‘Producer’ means a person operating/established in accordance with the procedure laid down by legal acts in the Republic of Lithuania or any other state of the European Economic Area, who:
1) has produced a product or made a public statement to that effect by marking the product under his own name, trademark or some other distinctive sign;
2) acts as a representative of the producer, when the producer is not established in a state of the European Economic Area or imports the product when there is no representative of the producer who is established in a state of the European Economic Area;
2. ‘Financial service’ means any service of an insurance and pension funding nature as well as the financial services referred to in the Law on Financial Institutions.
3. ‘Financial services contract concluded by means of communication’ means any contract for the supply of financial services concluded between the supplier and the consumer with the exclusive use of one or more means of communication.
6. ‘Sales price’ means the final price of goods or services expressed in monetary terms, including the value added tax and all other taxes, or, where it is impossible to indicate an exact price, the example of its calculation on the basis of which the consumer can verify it.
7. ‘Service’ means any remunerated activity and/or its result, the provision of which meets or is intended to meet the specific need of a consumer.
8. ‘Service provider’ means any trader who offers and renders services to consumers for consideration.
9. ‘Durable medium’ means any instrument which enables the consumer or the seller to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored (i.e. paper-based/printed documents, USB flash drives, CD-ROM drives (CD-ROM), digital video disks (DVD), memory cards or PC hard drives, e-mails, and other instruments).
10. ‘Initial financial service contract’ means any contract concluded between a consumer and a financial service provider which does not cover successive future transactions of the same type and carried out in sequence or individually.
11. ‘Goods’ means any item offered for sale or being sold to a consumer. Heat and electricity, water and natural gas shall also be regarded as goods, unless other laws provide otherwise.
12. ‘Means of communication’ refer to any means which may be used without the simultaneous physical presence of the service provider and the consumer for the conclusion of a contract between the service provider and the consumer.
13. ‘Cross-border consumer dispute’ means a consumer dispute where, at the time a consumer orders the goods or services, the consumer is resident in a Member State other than that in which the seller or service provider is established.
14. ‘Shelf life’ means the period upon the expiry of which the goods are considered to be no longer suitable for their intended use, i.e. the characteristics of the goods which the consumer could have expected prior to the expiry of the period are or may be worse than those provided for in the technical regulation applicable to the goods and/or in the producer’s documents (declarations, statements).
15. ‘Member State’ means a Member State of the European Union or a country of the European Economic Area (Iceland, Liechtenstein and Norway).
16. ‘Consumer dispute’ means any disagreement arising out of a consumer contract between a consumer and a seller or a service provider over factual and/or legal matters.
17. ‘Out-of-court consumer dispute settlement procedure’ means the resolution of consumer disputes out of court, where a consumer dispute is settled in accordance with the requirements provided for in Articles 222 to 225of this Law by an out-of-court consumer dispute settlement entity.
18. ‘Out-of-court consumer dispute settlement entity’ means the consumer dispute settlement authority referred to in Article 22(1) of this Law or other entity settling consumer disputes out of court referred to in Article 222 of this Law, resolving consumer disputes under the out-of-court consumer dispute settlement procedure and entered in the list of out-of-court consumer dispute settlement entities under Article 292 of this Law.
19. ‘Consumer’ means any natural person who seeks to conclude or concludes contracts for purposes which are outside his trade, business, craft or profession (for consumption purposes).
20. ‘Consumer information’ means provision and dissemination of knowledge related to meeting consumer needs and the protection of consumer rights.
21. ‘Consumer consultation’ means advice and practical assistance to consumers on matters pertaining to the protection of consumer rights.
23. ‘Consumer education’ means a process focused on the awareness of the consumer rights, development of critical thinking, decision-making and ability to receive information, and covering formal education (primary, basic and secondary education, vocational training as well as post-secondary and higher education) and non-formal education (pre-school, pre-primary and other non-formal education of children and adults).
24. ‘Trader’ means any natural person or a any legal person or another organisation, or a branch thereof, seeking to conclude or concluding, including through any other person acting in his name or on his behalf, contracts for purposes relating to his trade, business, craft or profession. A legal person may be considered as a trader regardless of the legal form of its participants.
Article 3. Consumer rights
1. Consumers shall be entitled to:
1) acquire and use goods or services at their own discretion (to choose a seller and service provider);
3) receive correct and full information in the official language on the goods sold or services supplied;
Article 4. Specificities of consumer contracts
Specificities of consumer contracts shall be established by the Civil Code.
Article 5. Provision of information to consumers
1. The producer, seller and service provider must provide consumers, in the official language, with the information defined in the Civil Code and other legal acts and mark goods in the manner prescribed by legal acts. Other laws may impose an obligation on the producer, seller or service provider to furnish consumers with the information provided for in the Civil Code and other legal acts in the official language and other language.
2. The official language shall be obligatory in all public external and internal inscriptions of trade and service supply premises intended for consumers, including the names of trade and service supply premises.
3. Websites offering goods and services to consumers shall indicate clearly and legibly at the latest at the beginning of the ordering process whether any delivery restrictions apply and which means of payment are accepted.
4. The website of a seller or a service provider, where available, must contain the information on out-of-court consumer dispute settlement entities competent to settle consumer disputes, including the business name of the entity (forename and surname), address and website address. This information shall be provided in a clear, comprehensible and easily accessible manner.
5. The information referred to in paragraph 4 of this Article shall also be provided in the standard terms of the seller’s or service provider’s contracts, where applicable.
6. Within the framework of implementing EU legislation, other laws may lay down requirements for providing information to consumers on out-of-court consumer dispute settlement procedures other than those referred to in paragraphs 4 and 5 of this Article. In such a case, paragraphs 4 and 5 of this Article shall apply to the extent other laws do not provide otherwise.
Article 6. Principle of fair business practice
While offering for purchase and supplying goods and services to consumers, sellers and service providers must adhere to fair business practice. Goods and services shall be offered in such a way that a consumer is aware of the commercial character of an offer.
Article 7. Enforcement of consumer protection
Protection of consumer rights shall be enforced:
1) through preventive measures (consumer awareness-raising, information and consultation, research, market surveillance and other measures);
Article 8. Areas of consumer protection
The areas of consumer protection shall be the sale and purchase of goods and services relating thereto and all services for consideration where goods are acquired or services are supplied to consumers.
Article 9. Institutional framework for consumer protection
The protection of consumer rights shall be guaranteed in the Republic of Lithuania by:
Article 10. Competence of state and municipal institutions in the area of consumer protection
1. In the area of consumer protection, the Government shall:
1) approve measures in the area of ensuring consumer protection in the national development programmes;
4) approve or authorise state institutions and agencies to approve rules for the supply of individual types of services;
2. In the area of consumer protection, the Ministry of Justice of the Republic of Lithuania (hereinafter: ‘the Ministry of Justice’) shall:
2) organise, coordinate and control the implementation of the national policy in the area of consumer protection;
21) develop measures in the area of ensuring consumer protection and/or coordinate the development thereof, and organise, coordinate and control their implementation;
3. To ensure the implementation of the functions assigned to the Ministry of Justice in the area of consumer protection, the State Consumer Rights Protection Board (hereinafter: ‘the Board’) shall be set up. The Board shall be a collegial advisory body functioning on a voluntary basis.
4. The Board shall consist of representatives from state institutions responsible for consumer protection, consumer dispute settlement authorities and consumer associations as well as a representative of the Association of Local Authorities in Lithuania. The regulations and composition of the Board shall be approved by the Minister of Justice of the Republic of Lithuania (hereinafter: the ‘Minister of Justice’). The Board shall be headed by the representative of the Ministry of Justice.
5. The Board shall:
1) submit proposals concerning the implementation and improvement of the consumer protection policy;
2) analyse information obtained from consumer protection authorities about their activities and submit proposals concerning their activities;
6. In the area of consumer protection, the Ministry of Science and Education shall:
1) coordinate consumer education and integrate consumer awareness-raising into formal education (primary, basic and secondary education, vocational training, post-secondary and higher education) and non-formal education (pre-school, pre-primary and other non-formal education of children and adults);
Article 11. State Consumer Rights Protection Authority
1. The State Consumer Rights Protection Authority shall be a public body under the Ministry of Justice implementing the national policy in the area of consumer protection and ensuring the protection of consumer rights.
2. The State Consumer Rights Protection Authority shall be a legal person. It shall have its bank accounts and the seal with the Coat of Arms of the State of Lithuania and its name.
4. The State Consumer Rights Protection Authority shall be headed by its director. The director of the State Consumer Rights Protection Authority shall be appointed to this position by the Minister for Justice in accordance with the procedure laid down by the Law on Civil Service.
Article 12. Functions and rights of the State Consumer Rights Protection Authority
1. The State Consumer Rights Protection Authority shall perform the following functions:
1) supervise compliance of traders with the consumer protection requirements provided for in this Law and the Civil Code, and compliance of non-food products placed on the market with the requirements of legal acts governing safety, quality and labelling of non-food products;
2) coordinate the activities of consumer protection authorities responsible for the regulation of a certain consumption area in the field of consumer protection (analyse the information obtained periodically from state and municipal institutions in relation to the protection of consumer rights; submit proposals for improvement of consumer protection);
4) submit conclusions and proposals for draft laws and other legal acts relating to consumer protection;
8) defend the public interests of consumers in accordance with the procedure provided for in Section Seven of this Law;
9) organise consumer awareness-raising, coordinate activities of other state and municipal institutions and consumer associations relating to the organisation of consumer awareness-raising; provide sellers and service providers with information about consumer rights;
11) organise and carry out, in conjunction with other state institutions, the exchange of information with the European Commission and Member States through the RAPEX system in accordance with the procedure laid down by EU legislation, also publish on its website information about dangerous non-food products, produced in the Republic of Lithuania or supplied from EU Member States or other countries whose placement on the market has been prohibited by the State Consumer Rights Protection Authority;
13) represent the Republic of Lithuania in international organisations in the area of consumer protection;
14) organise surveys of consumer opinions, behaviour, prices of goods and services, and other surveys;
2. The State Consumer Rights Protection Authority shall have the right to:
1) obtain information relating to consumer protection from state and municipal institutions responsible for the relevant area of administration;
2) obtain from state and municipal institutions as well as from agencies, financial market participants, providers of electronic communications services, other legal and natural persons the information, data and documents required to investigate infringements of laws the supervision of compliance whereof is the responsibility of the State Consumer Rights Protection Authority, regardless of the storage medium or place of storage of information, data and documents, including the information subject to bank secrecy or equivalent secrecy (the fact that a person is a client of a bank or of other financial market participant, that financial services are provided to him, and numbers of accounts held by the client) as well as the information held by providers of electronic communications services about subscribers or registered users of electronic communications services, as well as to seize documents or objects of evidentiary value;
3) carry out necessary inspections of activities of sellers and service providers, including the use of electronic interfaces;
4) request that producers, importers, sellers and service providers or their representatives appear before the State Consumer Rights Protection Authority and provide oral or written explanations;
5) carry out test purchase of goods and services; In test purchasing, a copy of the decision to conduct an unscheduled inspection must be served with the trader immediately after the test purchase was carried out. Test purchase may be video and/or audio recorded. Where no indications of infringement are found in the course of the test purchase of goods, the money paid during the test purchase shall be returned to the State Consumer Rights Protection Authority while the goods shall be returned to the trader. The Minister of Justice shall set the procedure for test purchase;
6) issue binding instructions specified in Article 491 of this Law to deny access to information by blocking an Internet domain name identifying a website;
8) set up commissions or working groups for drawing up legislation or addressing other issues falling within the remit of the State Consumer Rights Protection Authority and include specialists from other institutions (upon co-ordination with their heads) in the said commissions or groups;
3. In performing the functions specified in point 5 to 8 of paragraph 1 of this Article, the State Consumer Rights Protection Authority shall have the right to obtain from registers, state information systems, natural or legal persons, other organisations or divisions thereof the information, documents and data, including personal data, required for the performance of these functions.
Article 121. Consumer Rights Information System
A consumer rights information system shall be a state information system enabling consumers to submit requests and complaints electronically, while state and municipal institutions exercising their functions in the area of consumer protection shall, in accordance with the procedure laid down by the Government, accept these requests and complaints and submit replies thereto and their decisions, and provide e-services ensuring the prevention of infringements of consumers’ rights and information on consumer protection.
Article 13. Consumer associations
1. Consumer associations shall be entitled to:
1) do a survey on consumers’ opinion about the range and quality of goods and services and the organisation of trade and supply of services;
2) analyse the quality of goods and services at testing laboratories and submit goods and services for expert examination and investigations;
3) make the results of consumer surveys, expert examinations and tests of goods and services publicly available;
4) put forward proposals to state and municipal institutions for the prohibition of the production of goods and the sale/supply of services hazardous to consumer health;
7) represent consumers in hearing disputes in accordance with the out-of-court consumer dispute settlement procedure;
8) obtain information from producers, sellers or service providers about the quality of goods sold and services supplied and other data required to defend consumer rights and interests;
11) submit proposals concerning the development of a consumer protection policy and participate in its implementation;
Article 131. Authorised consumer associations
1. An authorised consumer association shall be entitled to:
1) protect public interests of consumers in accordance with the procedure laid down in Section Seven of this Law;
2) act as a group representative in class actions without being subject to membership of the group members in the consumer association, where the claims in a class action arise from the consumer legal relationship;
3) on behalf of the consumer dispute settlement authority, carry out the actions involved in the out-of-court consumer dispute settlement procedure, except for the adoption of decisions on the substance of the dispute, decisions to refuse to examine the consumer dispute, to suspend or discontinue the settlement of the consumer dispute.
2. An authorised consumer association shall be a consumer association entered in the list of authorised consumer associations. A consumer association shall be entered in the list of authorised consumer associations provided that the following conditions are met:
1) it has been registered in the Register of Legal Entities not less than six months prior to the submission of the application for its inclusion in the list of authorised consumer associations;
2) the objective of its activities, indicated in the documents of incorporation, is representation and protection of consumer rights and lawful interests;
3) it has actually been engaged in activities in the area of consumer protection for at least three months before the submission of the application for its inclusion in the list of authorised consumer associations and provides documentation to that effect;
4) it is independent of business and other non-consumer interests and submits a statement (declaration) to that effect;
5) it has the necessary knowledge and skills in the area of consumer protection and provides evidence to that effect;
3. Where it is established that a consumer association does not meet the conditions specified in paragraph 2 of this Article, it shall be removed from the list of authorised consumer associations. The list of authorised consumer associations shall be drawn up and processed by the State Consumer Rights Protection Authority in accordance with the procedure laid down by the Minister of Justice. The list of authorised consumer associations shall be made public on the website of the State Consumer Rights Protection Authority.
4. The costs incurred by authorised consumer associations related to the exercise of the rights specified in paragraph 1 of this Article shall be covered and the consumer protection projects implemented by authorised consumer associations shall be selected and financed in accordance with the procedure laid down by the Minister of Justice.
Article 14. Quality and safety requirements for goods and services
1. Quality and safety requirements for goods and services shall be established by the Civil Code, the Law on Product Safety, the Law on Food and other legal acts.
Article 16. Quality guaranty
1. The quality guarantee provided by the seller or service provider may not affect the consumer rights which, upon the acquisition of the goods or services of inadequate quality, are conferred on consumers by law.
2. The quality guarantee must be in the official language. It shall state that the quality guarantee may not restrict consumer rights upon the acquisition of goods or services of inadequate quality; it shall also set out, in a plain, clear and intelligible language, the business name (or the name and surname) and address of the guarantor, and the terms of the guarantee, including the duration, the territorial scope and the information needed for lodging a guarantee claim.
3. At the consumer’s request, the quality guarantee shall be made available to him on a durable medium.
Article 17. Concept of consumer awareness-raising
1. Consumer awareness-raising shall be a process enabling consumers to acquire knowledge and skills required when purchasing and using goods and services to meet personal, family or household needs and to exercise and defend consumer rights.
Article 18. Broadcasting on the issues of consumer protection
The Lithuanian National Radio and Television shall, from the appropriations allocated from the State budget, provide information on consumer protection in programmes broadcast by it.
OUT-OF-COURT CONSUMER REDRESS
Note from the Register of Legal Acts. The provisions of the Law regarding the commencement and implementation of the out-of-court consumer dispute settlement procedure electronically enter into force on 9 January 2016.
Article 19. Scope
1. This Section provides for out-of-court resolution of consumer disputes. The provisions of this Section shall also apply to the settlement of cross-border consumer disputes.
2. The provisions of the Section shall not apply to:
1) settlement of consumer disputes where the dispute is settled by employees of a seller or service provider or other persons who are remunerated by the seller or service provider;
6) out-of-court consumer dispute settlement procedures which are initiated against the consumer by the seller or service provider;
3. In case of a conflict between the provisions of this Law and any other law implementing an EU legal act regarding out-of-court consumer dispute settlement procedures which are initiated by the consumer against the seller or service provider, the provisions of this Law shall apply, unless this Law provides otherwise.
Article 20. Ways of defending consumer rights and interests
1. A consumer who considers that a seller or service provider has violated his rights or legitimate interests related to the consumer contract shall have the right to apply to the seller or service provider, the out-of-court consumer dispute settlement entity or go to court for the protection of his violated or disputed rights or legitimate interests. Applying by the consumer to the out-of-court consumer dispute settlement entity shall not deprive the consumer of the right to apply to court.
Article 21. Applying to the seller or service provider
1. A consumer who considers that a seller or service provider has violated his rights or legitimate interests related to the consumer contract must first apply in writing to the seller or service provider and make a claim, except for the cases where the consumer applies directly to court. The consumer must apply to the seller or service provider not later than within three months after the day when the consumer became aware or should have become aware of the violation of his rights or legitimate interests.
2. The seller or service provider must consider the consumer’s application free of charge and, if objecting to the consumer’s claims, must, not later than within 14 days of receipt of the consumer’s application, give the consumer a detailed reasoned written reply supported by documents, unless other laws or EU legislation provide otherwise. The copies of these documents must be attached to the reply from the seller or service provider to the consumer. Consumer applications shall be considered by sellers and service providers free of charge.
Article 22. Consumer dispute settlement authorities
1. The following bodies shall handle consumer disputes out of court (hereinafter: the ‘consumer dispute settlement authorities’):
1) the Communications Regulatory Authority of the Republic of Lithuania shall address disputes between consumers and electronic communications service providers or postal service providers regarding relations governed by the Law of the Republic of Lithuania on Electronic Communications and the Postal Law of the Republic of Lithuania;
2) the Bank of Lithuania shall address consumer disputes relating to financial services referred to in the Law of the Republic of Lithuania on the Bank of Lithuania;
3) the National Energy Regulatory Council shall address disputes between consumers and energy companies and drinking water supply and/or waste water management companies concerning payment for energy consumed or services used; the application of state-regulated prices and/or tariffs; act or omission of energy companies in the supply, distribution, transmission, and storage of energy; connections, balancing of energy and energy supply flows; disputes between consumers and energy companies regarding the use of energy facilities, equipment and metering instruments; discontinuation, suspension or restriction of energy supply; disputes between consumers and energy-saving service providers relating to the provision of energy-saving services, as well as other energy-related disputes between consumers and energy companies.
5) the Council of the Lithuanian Bar or a body set up by shall address disputes between consumers and lawyers over legal services;
2. When handling consumer disputes, consumer dispute settlement authorities shall be entitled to:
1) apply to the consumer for additional information and specify the time limit for the provision of such information;
2) request that the seller or service provider against whom the consumer’s claim has been filed provide, within the specified time limit, oral or written explanations and evidence necessary for the resolution of the dispute;
3) obtain from state and municipal institutions and agencies and other legal or natural persons information necessary for the resolution of the dispute and for the decision;
4) obtain conclusions from state and municipal institutions and bodies responsible for the area of consumption relating to the dispute on the issues falling within the remit of that institution/agency;
5) entrust the authorised consumer association with the task of carrying out the actions involved in the out-of-court consumer dispute settlement procedure, except for the adoption of decisions on the substance of the dispute, decisions to refuse to examine the consumer dispute, and to suspend or discontinue the settlement of the consumer dispute.
3. Consumer dispute settlement authorities must:
1) ensure the functioning of a website containing clear information about the out-of-court consumer dispute settlement procedure and enabling consumers to submit online applications for dispute settlement and annexes thereto;
2) upon request, provide information on the out-of-court consumer dispute settlement procedure on a durable medium;
3) facilitate an electronic exchange of information between the parties to the dispute and the consumer dispute settlement authority;
4) settle cross-border consumer disputes, including disputes falling within the scope of Regulation (EU) No 524/2013;
Article 221. Consumer dispute commissions
1. The State Consumer Rights Protection Authority shall set up permanent consumer dispute commissions to settle the disputes assigned to it by this Law. Consumer dispute commissions shall hear consumer disputes in individual fields of consumer goods and services or in administrative units of the territory of the Republic of Lithuania. The procedure for setting up consumer dispute commissions and their working arrangements and the consumer disputes subject to consideration by them shall be laid down in the regulations of consumer dispute commissions. The Minister of Justice shall approve the regulations.
2. The consumer dispute commission shall consist of three members:
1) the chairperson of the commission; A person to be appointed to this position shall hold a higher education degree in law and have experience in dispute resolution;
3. Members of the consumer dispute commission must attend its meetings. Where a member (members) of the consumer dispute commission fails (fail) to attend a meeting, the chairman of the commission shall, at his own discretion, decide whether to adjourn the meeting or to consider the dispute on its merits.
4. The members of the consumer dispute commission referred to in Article 221(2)(2) and (2)(3) shall be exempted from performing their work duties for the period of their participation in the work of the consumer dispute commission. The work of members of the consumer dispute commission shall be remunerated in accordance with the procedure laid down by the Law of the Republic of Lithuania on Remuneration of Employees of State and Municipal Bodies and Members of Commissions, while their travel expenses shall be reimbursed in accordance with the procedure laid down in the regulations of consumer dispute commissions.
5. The consumer dispute commission shall adopt a decision on the substance of the dispute by a majority vote. When adopting the decision on the substance of the dispute, only the members of the consumer dispute commission shall be present. The member of commission who disagrees with the decision on the substance of the dispute, may express a separate opinion. Where a member (members) of the consumer dispute commission fails (fail) to appear at the meeting and the chairperson of the commission takes a decision to consider the dispute on the merits, a decision on the substance of the dispute shall be taken by the members of the commission examining the dispute. Where the dispute is examined by two members of the consumer dispute commission and their opinions diverge, or where the dispute is examined by the chairperson of the commission only, the decision shall be made by the chairperson of the consumer dispute commission at his own discretion.
6. The grounds and procedures for the removal provided for in the Code of Civil Procedure shall apply mutatis mutandis to the members of the consumer dispute commission.
Article 222. Other out-of-court consumer dispute settlement entities
1. On the basis of a written agreement between consumers and sellers or service providers, consumer disputes may also be settled out of court by the following out-of-court consumer dispute settlement entities:
1) a permanent arbitration body operating in accordance with the Law of the Republic of Lithuania on Commercial Arbitration and included in the list of out-of-court consumer dispute settlement entities in accordance with Article 292 of this Law;
2. On the basis of a written agreement between consumers and sellers or service providers, consumer disputes may also be settled out of court by mediators in accordance with the procedure laid down by the Law of the Republic of Lithuania on Mediation.
3. The consumer and the seller or a service provider shall have the right to agree on a referral of the consumer dispute to any other out-of-court consumer dispute settlement entity for consideration only in the event a dispute arises. Any agreement between the consumer and the seller or service provider to refer the consumer dispute to any other out-of-court consumer dispute settlement entity for consideration shall be null and void, where such agreement is concluded prior to the existence of a dispute and it deprives the consumer of his right to bring an action before the courts for the settlement of the dispute.
4. A decision of any other out-of-court consumer dispute settlement entity that is taken after the dispute has been examined on the merits shall be binding on the consumer only if, before opening the out-of-court consumer dispute settlement procedure, the legal consequences of the decision have been explained to the consumer and his express content has been obtained.
Article 223. Expertise, independence and impartiality of out-of-court consumer dispute settlement entities
1. Out-of-court consumer dispute settlement entities must ensure that natural persons settling consumer disputes have the necessary expertise and are independent and impartial. Natural persons settling consumer disputes shall be considered to meet these requirements where:
1) they hold a higher education degree in law and are experienced in dispute settlement in court or out of court, or have a university-level education and have completed a training programme in the field of out-of-court settlement of consumer disputes. Where disputes are settled on the basis of collegiality, at least one natural person must meet this requirement;
2) they are appointed to settle disputes out of court for an indefinite period of time or for a period of at least two years and this duty may expire only on the grounds provided for in legal acts;
4) the remuneration or other compensation paid to them for participation in dispute settlement is not related to the outcome of the out-of-court consumer dispute resolution procedure;
5) they are bound by an obligation to immediately disclose any circumstances to the out-of-court consumer dispute settlement entity which could affect their independence and impartiality or give rise to the conflict of interests with any of the parties to the dispute. The obligation to disclose such circumstances shall be binding on these persons throughout the entire out-of-court consumer dispute resolution procedure.
2. Where the circumstances specified in Article 223(1)(5) exist:
1) a natural person settling consumer disputes must be replaced by another natural person in the out-of-court settlement procedure; or
Article 224. Provision of information on settlement of consumer disputes
1. Out-of-court consumer dispute settlement entities shall publish clearly and intelligibly the following information on their websites:
2) information that the entity is included in the list of out-of-court consumer dispute settlement entities as provided for in Article 292 of this Law;
3) natural persons (name, surname, position held) who are responsible for out-of-court settlement of consumer disputes, the procedure for their appointment and duration of their powers;
4) types of consumer disputes, the settlement of which fall within the remit of the out-of-court consumer dispute settlement entity;
7) the provisions on the basis of which the out-of-court consumer dispute settlement entity settles disputes (for example, legal norms, law principles, codes of conduct etc.);
8) consumer’s duty to firstly apply to the seller or service provider before applying to the out-of-court consumer dispute settlement entity;
10) potential costs of the out-of-court consumer dispute resolution procedure and the rules on awarding such costs to the parties to the dispute;
12) the legal effect, binding nature and enforcement procedure of the decision adopted after the settlement of the dispute, including the sanctions for failure to abide by such decision, if any;
13) foreign languages in which the consumer may submit his application to the out-of-court consumer dispute settlement entity, where appropriate;
2. Out-of-court consumer dispute settlement entities shall, by 30 March every year, publish on their websites a report on out-of-court settlement of consumer disputes examined in the previous calendar year. The report must include information specified by the Minister of Justice.
Article 225. Requirements for out-of-court consumer dispute settlement procedures
1. Out-of-court consumer dispute settlement procedures shall meet the following requirements:
1) the procedure may be opened in writing (upon submitting a request to settle a consumer dispute) or commenced and executed online;
4) having accepted the consumer’s request to settle a consumer dispute, the out-of-court consumer dispute settlement entity shall inform the other party to the dispute to that effect in writing not later than within three working days;
5) a consumer dispute shall be resolved and a decision on the substance of the dispute shall be taken not later than within 90 days after the day on which the out-of-court consumer dispute settlement entity received the documents referred to in Article 23(3) of this Law. Where, on justified grounds, the consumer dispute cannot be examined and a decision cannot be taken within that time limit, the out-of-court consumer dispute settlement entity may extend this time limit by a maximum of 30 days. The parties to the dispute shall be notified of the extension of the time limit.
2. In the course of the out-of-court consumer dispute resolution procedure, the following rights of the parties to the dispute shall be guaranteed:
1) the right to express one’s opinion and to obtain explanations, documents and other evidence provided by the other party to the dispute, and conclusions received and provide comments thereon;
2) the right to be informed that a party is not required to be represented by a lawyer or other person but is entitled to have his representative;
3. On initiation of the out-of-court consumer dispute settlement procedure, the consumer must be informed of the following:
1) the consumer’s right to waive his claims and terminate the out-of-court consumer dispute settlement procedure prior to making a decision on the substance of the dispute;
2) consumer’s participation in the out-of-court consumer dispute settlement procedure does not prevent the consumer from defending his rights or legitimate interests in court;
3) the consumer who objects to the decision on the substance of the dispute by the out-of-court consumer dispute settlement entity is entitled to appeal to the court of general jurisdiction with a request to examine the dispute on the merits;
4) the legal effect, entry into force and enforcement procedure of the decision made after the dispute has been examined on the merits;
Article 23. Applying to consumer dispute settlement authorities
1. In the event of a dispute, a consumer who is dissatisfied with the reply from the seller or service provider shall be entitled to apply to the consumer dispute settlement authority regarding the same subject matter of the dispute in order to protect his violated or disputed rights or legitimate interests by filing a request in writing or electronically.
2. The consumer shall be entitled to apply to a consumer dispute settlement authority not later than within one year from applying to the seller or service provider.
3. When applying to a consumer dispute settlement authority, the consumer must submit the following:
1) a request to examine the consumer dispute. The consumer’s request shall be signed by the applicant or his representative. Where a request is submitted electronically, the person’s identity must be confirmed in the manner prescribed by the rules of out-of-court consumer dispute settlement procedure;
2) a copy of the reply from the seller or service provider to the consumer’s request, or a copy of the consumer’s request to the seller or service provider, where no reply from the seller or service provider has been received within the time limit set in Article 21(2) of this Law;
5) a power of attorney in an ordinary written form, where the consumer is represented by the representative. Where the consumer is represented by a consumer association of which he is a member, the power of attorney shall be replaced by a document certifying consumer’s membership of that association;
4. The request to consider the consumer dispute shall indicate the following:
2) the business name (name and surname), registered office (residence) address of the seller or service provider whose acts/omissions give rise to consumer claims;
5) information on whether or not a dispute between the same parties regarding the same subject matter and on the same grounds is being considered by court or an out-of-court consumer dispute settlement entity; whether or not the settlement of the dispute was terminated on the basis of Article 26 of this Law; whether or not there is any effective court judgement on the same dispute; and whether or not there is any decision regarding the same dispute made by the out-of-court consumer dispute settlement entity;
5. Where the consumer’s request to examine the consumer dispute fails to meet the requirements laid down in paragraphs 3 and/or 4 of this Article, the consumer dispute settlement authority shall set a time limit which may not be less than seven days to eliminate the deficiencies.
6. When there is doubt as to the authenticity of the document copies submitted, the consumer dispute settlement authority shall be entitled to request the consumer, seller and/or service provider to submit the originals of the documents.
Article 231. Service of documents
Documents may be served on the parties to the dispute in the following ways:
Article 232. Acceptance of a request to examine a consumer dispute
1. The matter of accepting the request to settle a consumer dispute shall be resolved by a consumer dispute settlement authority by passing a resolution. Such resolution shall be considered to be the beginning of the out-of-court consumer dispute settlement procedure.
Article 233. Refusal to examine a consumer dispute
1. The consumer dispute settlement authority shall refuse to examine a consumer dispute in the following cases:
1) examination of the consumer dispute indicated in the consumer’s request to consider a consumer dispute does not fall within the remit of the dispute settlement authority. In this case, the consumer dispute settlement authority shall forward the consumer’s request to other authority referred to in Article 22(1) of this Law and inform the consumer accordingly in writing;
2) a dispute between the same parties on the same subject matter and on the same grounds is being heard by another out-of-court consumer dispute settlement entity, court or arbitration;
3) a judgement by a court or arbitration has become effective or a decision by an out-of-court consumer dispute settlement entity has entered into force regarding a dispute between the same parties on the same subject matter and on the same grounds, or there is a decision to terminate dispute settlement;
4) the parties to the dispute have reached an agreement to refer the consumer dispute for resolution to another out-of-court dispute settlement entity included in the list of out-of-court consumer dispute settlement entities pursuant to Article 292 of this Law after the dispute has arisen;
5) the consumer has applied to the consumer dispute settlement authority after the expiry of the period stipulated in Article 23(2) of this Law or has not applied to the seller or service provider in accordance with the procedure laid down for in Article 21 of this Law;
6) the consumer’s request to handle the consumer dispute fails to meet the requirements laid down by this Law and the deficiencies are not eliminated within the time limit of at least seven days set by the consumer dispute settlement authority;
7) a sum in dispute is less than EUR 20 (twenty euros), except for cases where the dispute has a bearing on formulating new consumer protection practices and/or there are other important circumstances.
2. The consumer dispute settlement authority shall take a decision to refuse to examine a dispute not later than within five working days of receipt of the consumer’s request to examine the consumer dispute and other documents specified in Article 23(3) of this Law.
Article 24. Preparation for the settlement of a dispute
1. Having accepted the consumer dispute for settlement, the consumer dispute settlement authority shall, not later than within three working days, send to the seller or service provider in respect to whose acts/omissions the consumer’s claim has been filed a notice of receipt of the consumer’s request to settle a consumer dispute, copies of this request and enclosures thereto with its request to submit, not later than within ten days of receipt of the notice, detailed written explanations and supporting documents.
2. The consumer dispute settlement authority may apply to a state or municipal institution or agency responsible for the area of consumption related to the dispute with a request to present, within the specified time limit of at least of 20 days, its conclusions on the claim specified in the consumer’s request or the explanations submitted by the seller or service provider.
Article 25. Examination of disputes
1. When ready to examine a dispute, a consumer dispute settlement authority normally examines it by written procedure based on written and/or material evidence provided to it. Where a dispute is examined by written procedure, the parties to the dispute shall not be invited to the meeting and the dispute shall be settled in their absence.
2. At the request of any party to the dispute or on its own initiative, the consumer dispute settlement authority may decide to examine the dispute by oral procedure where it is necessary to hear oral explanations of the parties to the dispute or in other cases when the dispute may be better settled by oral procedure. Where a dispute is examined by oral procedure, the parties to the dispute and other interested parties must be informed about the venue, date and time of a meeting intended for the settlement of the dispute. Where a party/parties to the dispute fails /fail to attend the meeting, the consumer dispute settlement authority shall have the right to pass a decision in the absence of the party /parties.
3. Minutes shall be drawn up for all sittings of the consumer dispute settlement authority during which disputes are examined by oral procedure.
4. Examination of disputes by oral procedure shall be open to the public, except for the cases where, by the decision of the consumer dispute settlement authority, it is necessary to protect state, official, commercial, bank and professional secrets or other secrets protected by law or to ensure respect for the natural person’s right to privacy.
5. Consumer disputes shall be settled in compliance with the adversarial principle and the principles of expedition, concentration, efficiency and cooperation in dispute hearing.
6. The consumer dispute settlement authority shall determine the substance of the dispute, examine the evidence available and take measures to reconcile the parties to the dispute.
7. During the oral procedure, the parties to the dispute and other persons involved in the settlement of the dispute shall adhere to the conduct of the meeting established by the chairman of the meeting.
8. Parties to the dispute and other persons involved in the dispute shall have the right to request a consumer dispute to be examined by oral procedure; to have access to the case-file, except for the materials which constitute a state, official, commercial, banking, professional or other secrets protected by law or the disclosure of which would violate the right of a natural person to privacy; to make extracts, transcripts and copies; to provide evidence and participate in the examination; to provide explanations and arguments; to object to the requests and arguments of the other party to the dispute or other persons involved in the settlement of the dispute; to ask questions to other persons involved in the dispute; to submit requests; to receive a copy of the decision of the consumer dispute settlement authority; and to exercise other rights conferred by this Law. The parties to the dispute and other parties involved in the settlement of the dispute must exercise these rights in good faith without delaying the settlement of the dispute.
9. The consumer dispute settlement authority shall first take steps to reconcile the consumer and the seller or the service provider and offer an amicable settlement of the dispute if, in the view of that authority, amicable settlement is possible in the light of the specific circumstances which have emerged in the course of the examination of the dispute. Where the consumer and the seller or the service provider settle the dispute by amicable settlement, the settlement of the consumer dispute shall be terminated by the decision of the relevant entity. In case of failure to reach an amicable settlement, the consumer dispute settlement authority shall take a decision on the substance of the dispute.
10. The consumer dispute settlement authority shall take measures to prevent the parties to the dispute from abusing their rights or delaying the settlement of the dispute, and shall endeavour to ensure that the dispute is properly resolved within the shortest possible time.
11. The consumer dispute settlement authority shall suspend the settlement of a dispute in the following cases:
1) a legal person or a natural person who was a party to the dispute ceases to exist or dies, respectively. In this case, the settlement of a dispute shall be suspended until the rights and obligations of the ceased or dead party to the dispute are taken over or circumstances preventing the taking over of such rights and duties come to light. Where the claims which are not related to the ceased or dead party to the dispute can be separated, the consumer dispute settlement authority shall examine separately the dispute regarding the claims in respect of such unrelated claims.
2) a case is pending in court, without the settlement of which the consumer dispute cannot be settled;
3) there are reasonable grounds to believe that the terms of the consumer contract to be applied in examining the dispute are unfair, and the issue of the unfairness of the terms of the consumer contract is under consideration or other administrative procedure is carried out without the completion of which the dispute cannot be resolved;
4) at the request of both parties to the dispute, when their conciliation is carried out. In this case, the examination of the dispute shall be suspended for a period not exceeding 60 days;
Article 26. Termination of the settlement of a dispute
The consumer dispute settlement authority shall terminate the settlement of a dispute in the following cases:
1) the parties to the dispute reach an amicable settlement of the dispute or the seller or service provider satisfies the consumer’s claims;
2) the consumer fails to provide explanations necessary for the settlement of the dispute or otherwise hinders the settlement of the dispute;
3) one of the parties to the dispute applies to a court of general jurisdiction in relation to the dispute pending;
4) once the circumstances referred to Articles 233(1) to (4) or (8) of this Law come to light or once it turns out that the dispute is not a consumer dispute;
Article 27. Decision on the substance of the dispute by a consumer dispute settlement entity
1. Having examined a dispute, a consumer dispute settlement entity shall adopt one of the following decisions on the substance of the dispute:
2. The consumer dispute settlement authority shall adopt a decision on the substance of the dispute by taking into consideration the circumstances established during the examination of the dispute and the supporting evidence.
3. A decision on the substance of the dispute by the consumer dispute settlement authority must indicate:
3) the composition of the collegial body which made the decision when the dispute was settled on a collegial basis, the secretary of the meeting, the parties to the dispute and other persons who were involved in the settlement of the dispute;
5) summary of explanations provided by the parties to the dispute and other parties involved in the settlement of the dispute;
7) provisions of the laws and other legal acts which were complied with in taking the decision, and other legal arguments;
10) the right of the parties to the dispute to apply to court regarding the same subject matter of the dispute.
11) the obligation of the parties to the dispute to notify the consumer dispute settlement authority, when an action is brought before a court of general jurisdiction requesting examination of the dispute on the merits, as well as the obligation of the seller or service provider to notify, within the set time limit, the consumer dispute settlement authority of the execution or non-execution of the decision, when the decision referred to in points 1 or 2 of paragraph 1 of this Article is adopted.
4. When taking a decision on the substance of the dispute, the consumer dispute settlement authority shall decide on the following:
1) on the validity of consumer claims and set a time limit not exceeding six months for the satisfaction of the claims;
2) on the reimbursement for the costs incurred by the consumer in relation to the out-of-court consumer dispute settlement procedure (including the costs of necessary expert examinations or laboratory tests, costs relating to lawyer’s or assistant lawyer’s remuneration and translation costs) in proportion to the amount of the upheld claims of the consumer;
3) reimbursement for the costs incurred by the consumer dispute settlement authority. The seller or service provider shall reimburse the costs of dispute settlement incurred by the consumer dispute settlement authority in proportion to the amount of the upheld consumer’s claims where the decision referred to in points 1 or 2 of paragraph 1 of this Article is adopted. The amount of such costs shall be determined by the consumer dispute settlement authority in accordance with the average costs associated with the actions for the out-of-court consumer dispute settlement procedure specified in the rules governing the out-of-court consumer dispute settlement procedure. The consumer may not be required to reimburse the costs of dispute settlement incurred by the consumer dispute settlement authority.
5. The decision on the substance of the dispute by the consumer dispute settlement authority shall be sent to the parties to the dispute not later than within three working days from the adoption of the decision.
6. The decision on the substance of the dispute by the consumer dispute settlement authority shall be public and published on the website of the consumer dispute settlement authority without prejudice to the requirements for the protection of personal data, protection of state, official, commercial, bank or professional secret or other secrets protected by other laws, and the consumer’s right to privacy. When submitting documents to the consumer dispute settlement authority, parties to the dispute and other persons involved in the settlement of the dispute shall specify which data comprise a state, official, commercial, bank, professional or other secrets protected by law and the confidentiality of which data has to be ensured.
Article 28. Entry into force and enforcement of a decision by the consumer dispute settlement authority
1. A decision by the consumer dispute settlement authority shall become effective and binding, where, within 30 days after the adoption of the decision on the substance of the dispute by the consumer dispute settlement authority, neither party to the dispute files an action before the court of general jurisdiction in accordance with the procedure laid down in the Code of Civil Procedure, requesting examination of the dispute on its merits.
2. The effective decision by the consumer dispute settlement authority shall be an enforceable title. Where the decision is not executed, it may be enforced in accordance with the procedure laid down by the Code of Civil Procedure.
3. Other laws may lay down rules on the entry into force and enforcement of a decision by the consumer dispute settlement authority other than those laid down in this Article.
4. The consumer dispute settlement authority may, on its own initiative or at the request of the parties to the dispute, correct writing errors or obvious arithmetic errors in its decision, the correction of which does not change the substance of the decision. In such cases, the correction of the decision shall be decided in accordance with the written procedure.
Article 29. Applying to a court of general jurisdiction
1. Applying by the consumer to a consumer dispute settlement authority shall not deprive the consumer of the right to apply to a court of general jurisdiction in accordance with the procedure laid down by the Code of Civil Procedure with a request to settle the dispute on the merits.
2. Applying to court after the decision on the substance of the dispute has been taken by the consumer dispute settlement authority shall not be considered to be an appeal against that decision of the authority.
3. Procedural decisions taken by the consumer dispute settlement authority in the course of examining a consumer dispute, including decisions to refuse to examine a consumer dispute, or suspend or terminate the settlement of a consumer dispute, which prevent further examination of the consumer dispute may be appealed against before the court of general jurisdiction within seven days after the decision has been served on the interested party. The court rulings in relation to the decisions referred to in this paragraph shall not be subject to appeal.
Article 291. Suspension of prescription periods
1. Applying by the consumer to the consumer dispute settlement authority included on the list of out-of-court consumer dispute settlement entities in accordance with the requirements laid down by this Law shall suspend the prescription period for an action.
Article 292. List of out-of-court consumer dispute settlement entities
1. The Ministry of Justice shall draw up and keep a list of out-of-court consumer dispute settlement entities. The list of out-of-court consumer dispute settlement entities shall be public and published on the website of the Ministry of Justice. The list of out-of-court consumer dispute settlement entities shall be drawn up and kept in accordance with the procedure established by the Minister for Justice.
2. Having provided the Ministry of Justice with the information specified by the Minister for Justice, consumer dispute settlement authorities referred to in Article 22(1) of this Law shall be included in the list of out-of-court consumer dispute settlement entities.
3. Other consumer dispute settlement entities shall, at their request, be entered in the list of out-of-court consumer dispute settlement entities provided that:
2) a decision is made by the same number of persons appointed/proposed by consumer associations and associations representing traders, when a consumer dispute is considered and a decision thereon is taken on a collegial basis;
4. The Ministry of Justice shall assess whether or not the out-of-court consumer dispute settlement entities which have provided information in accordance with Article 292(3) meet the requirements laid down by this Law.
5. Out-of-court consumer dispute settlement authorities must, every two years, report on their activities relating to the out-of-court settlement of consumer disputes to the Ministry of Justice in the manner prescribed by the Minister for Justice.
6. The Ministry of Justice shall provide the European Commission with the list of out-of-court consumer dispute settlement entities and any other information on the implementation of Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. The Ministry of Justice shall inform the European Commission about the amendments to the list of out-of-court consumer dispute settlement entities.
7. Where an out-of-court consumer dispute settlement entity which has been entered in the list of consumer dispute settlement entities fails to comply with the requirements of this Law, the Ministry of Justice shall notify the entity to that effect, indicating the requirements which it fails to comply with. Where an out-of-court consumer dispute settlement entity, except for the consumer dispute settlement authorities referred to in Article 22(1) of this Law, fails to eliminate the deficiencies within three months of receipt of the notice, the Ministry of Justice shall remove that entity from the list of out-of-court consumer dispute settlement entities. In such a case, the entity which is removed from the list of out-of-court consumer dispute settlement entities shall refer all pending consumer disputes to the State Consumer Rights Protection Authority, while the decisions on the substance of the dispute made by that entity prior to its removal from the list of out-of-court consumer dispute settlement entities shall be enforced in accordance with the procedure established by legal acts.
8. The Ministry of Justice shall, by 9 July 2018, and every four years thereafter, provide the European Commission with a report on the development and functioning of out-of-court consumer dispute settlement entities. The report shall:
2) point out the deficiencies in out-of-court consumer dispute settlement, supported by statistics, that prevent out-of-court consumer dispute settlement entities from examining consumer disputes, including cross-border consumer disputes;
Article 293. Specificities of the settlement of cross-border consumer disputes
1. In application of the provisions of this Section, it shall be considered that a seller or service provider is established:
2. In application of the provisions of this Section, it shall be considered that an out-of-court consumer dispute settlement entity is established:
1) at the place of performance of the out-of-court settlement of consumer disputes, where the entity is a natural person;
2) at the place where a legal person carries out the activities of out-of-court consumer dispute settlement or at the place of its registered office;
3. Where the law applicable to the consumer contract is determined in accordance with Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (hereinafter ‘Regulation (EC) No 593/2008’) or the Rome Convention of 19 June 1980 on the law applicable to contractual obligations, an out-of-court consumer dispute settlement entity shall guarantee that consumers are protected by imperative legal provisions which are valid in the Member State of their habitual residence.
4. For the purposes of this Article, the habitual residence of the consumer shall be determined in accordance with Regulation (EC) No 593/2008.
5. In the event of a cross-border consumer dispute, a consumer wishing to apply to a competent out-of-court consumer dispute settlement authority in another Member State shall be entitled to get information and assistance from the entity exercising the functions of the European Consumer Centre.
6. Out-of-court consumer dispute settlement entities and the entity exercising the functions of the European Consumer Centre shall publish on their websites the list of out-of-court consumer dispute settlement entities established by the European Commission and information on out-of-court consumer dispute settlement procedures in other Member States.
Article 294. Administrative cooperation
Out-of-court consumer dispute settlement entities and authorities implementing Regulation (EU) 2017/2394 shall exchange information and cooperate in accordance with the procedure laid down by the Minister of Justice.
Article 30. Protection of the public interest of consumers
1. The public interest of consumers shall be protected by the State Consumer Rights Protection Authority and authorised consumer associations and, in the cases laid down by law, by other state and municipal institutions and legal persons.
2. Protection of the public interest of consumers shall mean filing a claim or a petition/complaint for the protection of the public interest of consumers with a view to recognising or changing legal relations, prohibiting/discontinuing acts/omissions by the seller or service provider which harm the consumers’ legitimate general interests and are unfair from the consumers’ point of view, are incompatible with fair business practices or are in violation of the Civil Code, this Law or other legal acts.
Article 32. Applying to the seller or service provider
1. Having established an infringement of the public interest of consumers, the State Consumer Rights Protection Authority shall apply to the seller or service provider with a proposal to cease the infringement of the public interest of consumers within 14 days of the receipt of this proposal, and shall inform the seller or service provider that the State Consumer Rights Protection Authority will file a claim or petition/complaint with a court for the protection of the public interest provided that the seller or service provider does not cease the infringement of the public interest.
2. Where the infringement of the public interest has not been ceased, the State Consumer Rights Protection Authority shall apply to court for the protection of the public interest.
Article 33. Right of institutions or organisations of European Union Member States to bring an action in Lithuania
1. The institutions or organisations of European Union Member States which are included by the European Commission in the list provided in Directive 98/27/EC of the European Parliament and of the Council on injunctions for the protection of consumers’ interests and published in the Official Journal of the European Union, shall have the right, in accordance with Article 49(1) of the Code of Civil Procedure, to bring actions in courts of the Republic of Lithuania against sellers and service providers for the cessation or prohibition of actions infringing the collective interests of consumers. This provision shall apply in cases where the activities of sellers or service providers operating in Lithuania are in breach of EU legal acts the list of which shall be approved by the Minister of Justice of the Republic of Lithuania in accordance with the Annex to Directive 2009/22//EC.
2. The institutions or organisations of European Union Member States may exercise the right to bring an action specified in paragraph 1 of this Article only after they have had prior consultation in writing with the seller or the service provider and the State Consumer Rights Protection Authority. Where the infringement is not brought to an end within 14 days of receiving the request for consultation, an action may be brought.
Article 34. Protection of the public interest of consumers in European Union Member States
1. The State Consumer Rights Protection Authority shall have the right to request the courts or other competent authorities of European Union Member States to take a decision requiring the seller or service supplier operating in that European Union Member State to cease the infringement of the public interest of Lithuanian consumers.
2. The authorised consumer associations notified to the European Commission in accordance with paragraph 3 of this Article shall also have the right to apply to courts or other competent authorities of other European Union Member States for a decision requiring the seller or service provider operating in that European Union Member State to cease the infringement of the public interest of the Lithuanian consumers.
Article 351. Examination of the unfairness of contract terms in consumer contracts
1. The State Consumer Rights Protection Authority shall examine the unfairness of contract terms in consumer contracts pursuant to Article 6.2284 of the Civil Code. The right to submit a reasoned request to the State Consumer Rights Protection Authority to examine the unfairness of contract terms in consumer contracts (hereinafter in this Article: the ‘request’) shall be granted to:
2. The State Consumer Rights Protection Authority shall have the right to open the examination of the unfairness of contract terms in consumer contracts on its own initiative.
3. The State Consumer Rights Protection Authority shall, not later than within 30 days of the day of receipt of the request, adopt a reasoned decision to open or refuse to open the examination of the unfairness of contract terms in consumer contracts.
4. The opening of an examination of the unfairness of contract terms in consumer contracts shall be refused if:
1) the request fails to include the required particulars (seller, service provider or contract) and the deficiencies are not remedied within a specified period of time which may not be less than seven days from the date of receipt of the notification of the deficiencies;
3) the examination of the request does not fall within the competence of the State Consumer Rights Protection Authority;
4) the terms of the consumer contract specified in the request have already been examined in relation to establishing their fairness;
5. A decision to open an examination of the unfairness of contract terms in the consumer contract shall, not later than within three working days after its adoption, be sent to the seller or the service provider who drew up the standard terms of the consumer contract and the person, if any, who made the request referred to in paragraph 1 of this Article. A decision to refuse to open the examination of the unfairness of contract terms in the consumer contract shall, not later than within three working days after its adoption, be sent to the person who made the request referred to in paragraph 1 of this Article.
6. The State Consumer Rights Protection Authority shall examine the unfairness of contract terms in the consumer contract by written procedure. The rules governing the examination of the unfairness of contract terms in consumer contracts shall be approved by the Minister of Justice.
7. Sellers and service providers have the right to submit written explanations and other documents to the State Consumer Rights Protection Authority. Sellers and service providers shall also have the right to acknowledge that the terms of a consumer contract are unfair and to submit to the State Consumer Rights Protection Authority a written undertaking not to apply them when concluding new consumer contracts and performing the existing consumer contracts.
8. Where the seller or service provider acknowledges that the terms of the consumer contract are unfair and provides the written undertaking referred to in paragraph 7 of this Article, the State Consumer Rights Protection Authority shall, not later than within 14 days, adopt a decision approving the written undertaking and terminate the examination of the unfairness of contract terms in the consumer contract. The written undertakings of sellers or service providers approved by the State Consumer Rights Protection Authority shall be published on the websites, if any, of the State Consumer Rights Protection Authority and of sellers and service providers.
9. The State Consumer Rights Protection Authority shall examine the unfairness of contract terms in the consumer contract and adopt the decisions referred to in paragraph 10 of this Article not later than within 60 days from the date of adoption of the decision to open an examination of the unfairness of contract terms in consumer contracts. Where, on justified grounds, the consumer contract may not be examined and a decision may not be adopted within this time limit, the State Consumer Rights Protection Authority may extend this time limit by a maximum of 30 days. The seller or the service provider and the person, if any, who made the request referred to in paragraph 1 of this Article shall be notified of the extension of the time limit referred to in this paragraph.
10. Upon examining the unfairness of contract terms in consumer contracts, the State Consumer Rights Protection Authority shall adopt one of the following decisions:
1) to recognise that a term or certain terms of a consumer contract are unfair and require the seller or service provider to refrain from applying those terms when concluding new consumer contracts and performing the existing consumer contracts;
11. The decision must specify the following:
1) the name of the authority issuing the decision, and the date and place of adoption of the decision;
2) the details (name, registration number, registered office address) of the seller or service provider in respect of whose consumer contracts the decision was adopted;
the explanations provided by the seller or service provider in respect to whose consumer contracts the decision was adopted and their assessment;
4) the applicable provisions of Article 6.2284 of the Civil Code and the legal arguments for their application;
12. The decision referred to in paragraph 10 of this Article shall, not later than within three working days after its adoption, be sent to the seller or the service provider and the person, if any, who made the request referred to in paragraph 1 of this Article.
13. The decisions of the State Consumer Rights Protection Authority referred to in paragraph 10 of this Article shall be public and published on the website of the State Consumer Rights Protection Authority, without prejudice to the requirements for the protection of personal data, the protection of commercial, banking, professional and other secrets protected by law, and the consumer’s right to privacy.
14. Interested persons who disagree with the decisions of the State Consumer Rights Protection Authority concerning the unfairness of contract terms following the examination of consumer contracts shall have the right to bring an action before the court of general jurisdiction in accordance with the procedure laid down in the Code of Civil Procedure. Where an action is brought by the seller or service provider, the State Consumer Rights Protection Authority shall be the defendant.
Article 352. Ex ante examination of the unfairness of contract terms in consumer contracts
1. The State Consumer Rights Protection Authority shall carry out an ex ante examination of the unfairness of draft standard terms in public consumer contracts in accordance with Article 6.2284 of the Civil Code in the following cases:
Article 36. Provision of financial services under contracts concluded by means of communication
1. The provisions of this Section shall apply when financial services are provided under contracts concluded by means of communication in the physical presence of the service provider or his intermediary. The Civil Code and other legal acts governing the provision of financial services shall apply to the relationship in respect of the provision of financial services not covered by this Section.
3. When an initial financial services contract forms part of the financial services contract, the provisions of this Section shall apply only to the initial financial services contract and shall not extend to successive transactions or a series of individual transactions of the same nature following the conclusion of that contract.
4. Where there is no initial financial services contract but the same parties to the contract subsequently carry out successive or separate financial transactions of the same nature, this Article shall only apply to the first transaction. Where, however, no transaction of the same nature is carried out for more than one year, the next transaction shall be considered as the first transaction and shall be subject to the requirements of this Article.
5. Prior to the conclusion of a financial services contract, a financial services provider must provide a consumer with information which must contain the data related to the service provider, the financial service, the financial services contract being concluded by means of communication, and redress.
6. The information about the financial services provider shall include the following:
1) the service provider’s business name, registered office (address), telephone and fax numbers, e-mail and web page addresses, the register in which data about that legal person are accumulated and stored, the legal person’s registration number and data about the main commercial activity of the service provider;
2) data allowing identification of the representative of the financial services provider in the consumer’s Member State of residence and the address relevant to the consumer’s relations with the representative, if any;
3) where the consumer consults a professional other than the financial services provider prior to the conclusion of the contract, and where the financial services provider is aware of those consultations and of all the necessary particulars, namely, the professional’s name, surname, position, the basis on which he is acting, and his address;
7. The information about the financial service shall include the following:
2) the price including all related fees, charges, expenses and taxes paid via the service provider or, where an exact price cannot be indicated, the example of the calculation of the price enabling the consumer to verify it;
3) notice indicating that the financial service involves transactions that are particularly risky due to specific characteristics or operations to be carried out;
4) notice indicating that the price is subject to fluctuations in the financial markets outside the service provider’s control and that past performance are no indicator of future results;
5) information that there may be additional taxes and/or expenses not related to the service provider;
8. The information about the financial services contract concluded by means of communication shall include the following:
1) the consumer’s right of withdrawal and the procedure for exercising this right, including information on the amount the consumer may be required to pay, the consequences of non-exercise of this right, or the absence of the right of withdrawal.
2) the minimum duration of the contract, where the provision of financial services is of a non-recurring nature;
3) information on the parties’ rights of early termination or unilateral termination of the contract, including contractual penalties;
4) practical instructions concerning the right of withdrawal, including the address to which the notice of withdrawal should be sent;
5) the State or States whose law the service provider is governed by prior to the conclusion of the contract with the consumer;
7) information specifying the language or languages in which the contract terms and conditions and the prior information referred to in this Section are supplied, as well as the language or languages in which the service provider undertakes, in agreement with the consumer, to communicate throughout the term of this contract.
9. The information about redress shall include the following:
1) the procedure for out-of-court resolution of disputes regarding the infringement of consumer rights or the absence of the said procedure;
10. The commercial purpose of the information referred to in Article 36(6) to (9) shall be provided in a clear and comprehensible manner and be appropriate to the means of communication used, with due regard to the principles of good faith in contractual relationships, and the principles governing the protection of incapacitated persons or persons with limited capacity.
11. The consumer shall be provided with pre-contractual information regarding contractual obligations that will be binding on the consumer and the service provider under the law applicable to the contract, if the latter were concluded.
12. In the case of telephone communication, any such communication shall start with the identification of the financial services provider and the commercial purpose of the call. Subject to an explicit consent of the consumer, the identity of the person making the call and his relation with the financial services provider, and also of the information specified in Article 36(7)(1), (2) and (5) and Article 36(8)(1) (except for the information on the consequences of non-exercise of the right of withdrawal) shall be communicated to the consumer.
13. In the case of telephone communication, the financial service provider shall inform the consumer of his right to receive information other than that referred to in Article 36(12) and shall specify the nature of that information.
14. After the conclusion of the contract, the consumer shall be entitled to request any printed information relating to the contract at any time within the period of duration of the contract. The consumer shall be entitled to change the means of communication used, unless this is incompatible with the contract concluded or the nature of the financial service provided.
15. Before the conclusion of the contract, the consumer must receive information referred to in Article 36(6) to (9) on a durable medium accessible to the consumer.
16. Where, at the consumer’s request, the contract is concluded by means of communication which makes it impossible to provide information in accordance with the requirements of Article 36(15), the service provider shall provide the information immediately after the conclusion of the contract.
Article 37. Consumer’s right to withdraw from or terminate a financial services contract concluded by means of communication
1. The consumer shall have the right to withdraw from the financial services contract concluded by means of communication, by notifying the service provider on a durable medium within 14 days from the date of conclusion of the contract, unless Article 37(2) provides otherwise.
2. The consumer shall have the right to withdraw from a life assurance or pension scheme contract concluded by means of communication by notifying the service provider on a durable medium within 30 days. The withdrawal period for pension scheme contracts shall begin from the date of conclusion of the contract. The withdrawal period for life assurance contracts shall begin from the day on which the consumer is informed that the contract has been concluded.
3. Where the consumer receives the information in accordance with Article 36 (15) or (16) of this Law after the conclusion of the contract or later than the notification about the conclusion of the contract, the withdrawal period shall begin from the date the consumer receives such information.
4. The consumer’s right of withdrawal provided for in this Article shall not be subject to restriction in the form of additional obligations, charges or to any other limitation or cancellation, except for the cases provided for in this Article.
5. The consumer may not exercise the right of withdrawal set out in this Article in respect of:
1) a contract for financial services for which the price is dependent on fluctuations in the financial market which are beyond the control of the service provider and which may occur within the withdrawal period. Financial service for which the price is dependent on fluctuations in the financial market which are beyond the control of the service provider and which may occur within the withdrawal period shall mean the service relating to foreign exchange, money market instruments, transferable securities, units in collective investment undertakings, and financial futures, including equivalent cash-settled instruments, forward-rate agreements, interest rate swaps, currency swaps and equity swaps, options to acquire and dispose of any of the financial instruments referred to in this point, including equivalent cash-settled instruments, this category covering in particular options on currency and on interest rate;
2) travel and baggage insurance policies or similar short-term insurance policies with a contract term of less than one month;
6. A consumer wishing to exercise the right of withdrawal shall, before the expiry of the withdrawal period, notify the service provider in accordance with the practical instructions given to him pursuant to Article 36(8)(4) of this Law. The withdrawal deadline shall be considered to have been met where a notification, on a durable medium available to the service provider, is sent before the expiry of the withdrawal period.
7. This Article shall not apply to credit agreements for consumers which are terminated as ancillary contracts or framework agreements in the cases provided for by the Civil Code.
8. Where a financial services contract concluded by means of communication is accompanied by another contract concluded by means of communication in respect of services provided by the service provider or by a third party under a contract between a third party and a service provider, the latter contract shall be terminated without any additional obligations on the consumer, provided that the consumer exercises his right of withdrawal from the contract.
9. Where the service provider fails to comply with the provisions of this Section, the financial services contract concluded by means of communication must be terminated without any additional obligations on the consumer.
10. The supplier of financial services may begin performance of the contract prior to the expiry of the period for withdrawal only with the consumer’s consent. When the consumer exercises the right of withdrawal from the contract, he shall, within the period specified in the contract, pay for the financial service actually provided by the supplier under the contract.
11. The consumer shall pay for the financial service actually provided where he has been duly informed in accordance with Article 36(8)(1) of this Law. The burden of proof that the consumer has been duly informed shall lie with the service provider. A financial service provider shall not be entitled to claim payment for the financial service provided, where he has started the performance of the contract without the prior request of the consumer before the expiry of the withdrawal period provided for in Article 37(1) or (2).
12. The financial service provider shall, not later than within 30 days from the date of receipt of the notification of withdrawal, reimburse to the consumer the money and/or assets received under the contract, except for those referred to in Article 37(10). The consumer who withdraws from the contract in accordance with Article 37(1) and (2), shall reimburse the money and/or assets received under the contract to the financial services provider not later than within 30 days from the date of dispatch of the notification of the withdrawal.
Article 38. Unsolicited financial services
1. Provision of financial services requiring payment shall be prohibited in the absence of the consumer’s consent.
Article 39. Unsolicited communications
1. The financial services provider may send messages by automated calling systems without human intervention (automatic calling machines) and fax machines only with the consumer’s prior consent.
2. The financial services provider may use the means of communication other than those referred to in Article 39(1) which are used by the consumer for his personal needs only with the consumer’s prior consent.
Article 40. Liability for infringements of legal acts governing consumer protection
1. The State Consumer Rights Protection Authority may impose a fine from EUR 500 (five hundred euros) to EUR 5,000 (five euros) on a trader for failure to comply with requirements/prohibitions referred to in Articles 3, 4, and 5(1) and (2) of Regulation (EU) 2018/302; Article 3 of Regulation (EU) 2017/1128; Article 6.2285(5), Article 6.2286(1) , Article 6.2287(1), Article 6.2288(2) to (6), Article 6.2289(4) and (5), Article 6.22810(1), (9) and (10), Article 6.22811(2), (6) to (12) , Article 6.22812(4) and (7), Article 6.22816(1), Article 6.22820 (2) and (3), Article 6.22823(11), (12) and (13), Article 6.353(8), Article 6.359, Article 6.3591, Article 6.364(1) and (2), Article 6.369(3), (7) to (13), Article 6.370(4) to (9) of the Civil Code; as well as Article 441 of this Law. The State Consumer Rights Protection Authority may impose a fine from EUR 250 (two hundred and fifty euros) to EUR 2,500 (two thousand and five hundred euros) on an trader for failure to comply with the requirements referred to in Article 14 of Regulation (EU) 524/2013 and Article 5(3), (4) and (5), and Article 21(2) and (3) of this Law. In cases where the infringement does not cause substantial harm to the interests of consumers protected by this Law, the State Consumer Rights Protection Authority may, in accordance with the criteria of fairness and reasonableness, impose a penalty in the form of a warning on the trader for the infringements referred to in this paragraph without imposing a fine.
2. The State Consumer Rights Protection Authority may impose a fine of up to 3% of the annual income of the trader in the previous financial year, but not exceeding EUR 100,000 (one hundred thousand euros), for the continued application of the terms in consumer contracts, which have been declared unfair by an effective court decision or a decision by the State Consumer Rights Protection Authority, as well as for the trader’s failure to comply with the written undertaking approved by the State Consumer Rights Protection Authority, as set out in Article 351(8) of this Law. Traders who have been in business for less than one year are liable to a fine of up to 3% of their income in the current financial year, but not exceeding EUR 100,000 (one hundred thousand euros). Traders who repeatedly commit an infringement referred to in this paragraph within one year and for which a fine or warning has been imposed, may be fined up to 6% of their annual income in the previous financial year, but not exceeding EUR 200,000 (two hundred thousand euros); traders who have been in business for less than one year, may be fined up to 6% of their income in the current financial year, but not exceeding EUR 200,000 (two hundred thousand euros). Traders who fail to provide information on their annual income shall be fined up to EUR 100,000 (one hundred thousand euros) for the infringement referred to in this paragraph and up to EUR 200,000 (two hundred thousand euros) in the case of repeated infringements within one year of the imposition of a fine or warning for the infringement referred to in this Law.
3. In cases where the infringement does not cause substantial harm to the interests of consumers protected by this Law, the State Consumer Rights Protection Authority may, taking into account all the circumstances established in the case and in accordance with the criteria of fairness and reasonableness, impose a penalty in the form of a warning on the trader for the infringements referred to in Article 40(1) and (2) without imposing a fine.
4. When imposing a specific fine, account shall be taken of the mitigating and aggravating circumstances referred to in Article 40(5) and (6) as well as the nature, duration and extent of the infringement. When imposing a fine for the infringements referred to in Article 40(1), the amount of the fine shall be determined on the basis of the average of the minimum and the maximum amount of the fine, taking into account any mitigating or aggravating circumstances. Where there are mitigating circumstances, the fine shall be reduced from the average to the minimum amount, and where there are aggravating circumstances, the fine shall be increased from the average to the maximum amount. Where there are both mitigating and aggravating circumstances, the fine shall be imposed taking into account their number and significance. The reduction or increase of the fine shall be substantiated in the decision of the State Consumer Rights Protection Authority. When imposing a fine for the infringements referred to in Article 40(2), the amount of the fine shall be determined in accordance with the procedure established by the Government of the Republic of Lithuania.
5. Mitigating circumstances shall include actions taken by the trader concerned to prevent voluntarily any adverse consequences of the infringement, to assist the State Consumer Protection Authority in the investigation of the infringement, to compensate for the losses and/or to repair the damage caused. The State Consumer Rights Protection Authority may also recognise other circumstances not indicated in this paragraph as mitigating ones.
6. Aggravating circumstances shall include actions taken by the trader to impede the investigation, conceal the infringement committed or, within one year, commit repeatedly the infringement in respect of which a fine or a warning referred to in this Law has already been imposed, with the exception of the infringements referred to in Article 40(2).
7. The court hearing an appeal against the decision of the State Consumer Rights Protection Authority to impose a fine, taking into account mitigating and any other circumstances (which would result in a corresponding fine being manifestly excessive for the trader because it is disproportionate to the infringement committed and therefore unfair) and acting in compliance with the criteria of fairness and reasonableness, shall have the right to impose a fine lower than the minimum fine provided for in Article 40(1).
8. Failure to provide information necessary for the investigation of the State Consumer Rights Protection Authority, as well as the provision of incorrect or incomplete information to the trader, may be subject to a fine from EUR 1,000 (one thousand euros) to EUR 5,000 (five thousand euros). Where, upon prior notice, the trader avoids to appear before the State Consumer Rights Protection Authority and provide explanations as requested by the Authority, he may be subject to a fine from EUR 400 (four hundred euros) to EUR 2,000 (two thousand euros).
9. The Bank of Lithuania shall supervise compliance of financial market participants under supervision referred to in Article 42(1) of the Law on the Bank of Lithuania with the provisions of Section Eight of this Law and shall, in accordance with the Law on the Bank of Lithuania and other legal acts governing the financial market, the enforcement of which has been assigned to the Bank of Lithuania, impose sanctions on and issue binding instruction to financial market participants under supervision for failure to comply with the requirements (prohibitions) referred to in Article 36(5) to (17), Article 37(1) to (4), (8) to (12), Article 38(1) and Article 39 of this Law. The State Consumer Rights Protection Authority may impose a fine from EUR 500 (five hundred euros) to EUR 5,000 (five thousand euros) on other traders for failure to comply with the requirements (prohibitions) referred to Article 36(5) to (17), Article 37(1) to (4), (8) to (12), Article 38(1) and Article 39 of this Law.
Article 41. Basis for opening the procedure for examining a possible infringement of consumer rights
The procedure for examining a possible infringement of consumer rights referred to in Article 40(1) of this Law shall be opened:
1) upon receipt of a complaint from the consumer, public or municipal institutions or agencies, or a consumer association (hereinafter: ‘applicants’);
Article 42. Filing and examining a complaint regarding the opening of the procedure for examining a possible infringement of consumer rights
1. A complaint about a possible infringement of consumer rights (hereinafter: a ‘complaint’) shall be lodged in writing with the State Consumer Rights Protection Authority.
2. The complaint shall specify:
1) the applicant’s name, surname and address (if the applicant is a natural person) or the name, registration number, address of the registered office (if the applicant is a legal person) and contact details;
3. Opening the procedure for examining a possible infringement of consumer rights on the basis of the complaint lodged shall be refused where:
1) the examination of the infringement specified in the complaint does not fall within the competence of the State Consumer Rights Protection Authority;
2) the factual data specified in the complaint have already been verified and the State Consumer Rights Protection Authority has taken a relevant decision;
3) there are no factual data which give rise to a reasonable suspicion of an infringement of consumer rights or the applicant fails, without good reason, to submit supporting documents within the set time limit;
Article 43. Participants and other parties in the procedure for examining an infringement of consumer rights
1. The following shall participate in the procedure for examining an infringement of consumer rights:
2) the applicant whose complaint forms the basis for opening the procedure for examining an infringement of consumer rights;
2. The parties referred to in Article 43(1)(1) and (1)(2) of this shall hereinafter be referred to as the participants in the procedure for examining an infringement of consumer rights.
Article 44. Procedure and time limits for examining an infringement of consumer rights:
1. Having opened the procedure for examining an infringement of consumer rights, the State Consumer Rights Protection Authority shall apply in writing to the seller or service provider whose actions are contested with a request to provide, within the time limit set by the State Consumer Rights Protection Authority, a reasoned explanation and the supporting evidence on the circumstances giving rise to the opening of the procedure for examining an infringement of consumer rights.
2. The participants in the procedure for examining an infringement of consumer rights shall, at least 14 calendar days before the day of examination of the infringement of consumer rights at the State Consumer Rights Protection Authority, be notified by registered letter of the possible infringement of consumer rights, the venue and time of the examination of that infringement and shall be offered access to the documents received and other information, and to provide written explanations.
3. Where the participants in the procedure for examining an infringement of consumer rights are not present at the examination of a potential consumer rights infringement, the infringement may only be examined if there is evidence that they have been duly and timely notified of the venue and time of examination of the infringement of consumer rights.
4. In the course of the examination of infringement of consumer rights, participants in this procedure shall have the right to access documents received and other information, provide oral or written explanations and submit additional information and other documents.
5. The State Consumer Rights Protection Authority shall examine the possible infringement of consumer rights and impose the sanctions referred to in Article 40 of this Law within the shortest possible time limit, but not later than within four months from the date of receipt of the complaint referred to in Article 41 of this Law by the State Consumer Rights Protection Authority or from the date of adoption of the decision.
Article 441. Interim measures
1. In urgent cases, where there is sufficient evidence of an infringement of consumer rights, the State Consumer Rights Protection Authority shall, in order to avoid serious harm to the collective interests of consumers, have the right to adopt a decision to impose the interim measures referred to in Article 441(2) until a decision has been taken on the possible infringement. Those interim measures must be proportionate to the nature of the possible infringement and the harm to be avoided.
2. The State Consumer Rights Protection Authority shall, in the cases referred to in Article 441(1), have the right to take the following interim measures against a seller or service provider who has committed a possible infringement:
1) an obligation to provide consumers with/make publicly available the information relevant to consumers, as determined by the State Consumer Rights Protection Authority;
2) an obligation to immediately stop any act which may result in the harm referred to in Article 441(1);
3. Prior to the adoption of a decision to impose interim measures, the seller or service provider suspected of having committed an infringement shall have the right to submit an explanation within a period of at least three working days set by the State Consumer Rights Protection Authority.
4. The decision of the State Consumer Rights Protection Authority to impose interim measures may be subject to appeal in court in accordance with the procedure laid down by the Law on Administrative Proceedings of the Republic of Lithuania. An appeal in court shall not suspend the enforcement of the decision to impose interim measures unless the court decides otherwise.
Article 45. Obligation to provide information
A seller or service provider in respect of whom the procedure for examining a consumer rights infringement has been opened shall present to the State Consumer Rights Protection Authority information and documents necessary for investigating a possible infringement of consumer rights.
Article 46. Decision following the closure of the procedure for examining a consumer rights infringement
1. Having completed the procedure for examining a consumer rights infringement, the State Consumer Rights Protection Authority shall issue a decision specifying the following:
3) the data about the person /collegial body issuing the decision; the secretary of the meeting; participants in the procedure for examining a consumer rights infringement and other persons concerned;
4) the data about the seller or service provider in respect of whose acts and/or omissions the decision has been issued;
5) the content of the complaint on the grounds of which the procedure for examining a consumer rights infringement has been opened;
9) the explanations provided by the seller or service provider in respect of whose acts and/or omissions the decision has been issued and their assessment;
2. Having completed the procedure for examining a consumer rights infringement, the State Consumer Rights Protection Authority shall issue the following decisions:
1) to order the seller or service provider who has infringed consumer rights to put an end to the unlawful practices;
Article 47. Publication
Having established that a seller or service provider has committed a consumer rights infringement, the State Consumer Rights Protection Authority shall make this fact publicly available on its website 30 calendar days after the adoption of the decision. Where, within 30 calendar days from the adoption of the decision, the person in respect of whose acts the decision has been adopted appeals against the decision in court, the State Consumer Rights Protection Authority shall make this fact publicly available on its website at the conclusion of court proceedings.
Article 48. Enforcement of decisions
1. A decision of the Consumer Rights Protection Authority shall be enforced not later than within one month after the delivery of the decision to the seller or service provider who has infringed consumer rights. Where an appeal is lodged against the decision of the State Consumer Rights Protection Authority on the imposition of a fine, the fine shall be paid within 30 calendar days from the date of entry into force of the court decision dismissing the appeal.
2. The decision of the State Consumer Rights Protection Authority shall be an enforceable title to be enforced in accordance with procedure laid down by the Code of Civil Procedure. The decision of the State Consumer Rights Protection Authority may be presented for enforcement not later than within three years after it has been issued.
Article 49. Appeal against decisions
1. The seller, service provider or the applicant who disagree with the decision of the State Consumer Rights Protection Authority shall have the right to appeal the decision in court within 30 calendar days of the date of adoption of the decision in accordance with the procedure laid down in the Law on Administrative Proceedings.
Article 491. Binding instructions to Internet access providers
1. The State Consumer Rights Protection Authority shall have the right to issue binding instructions to Internet access providers providing services to sellers and service providers who use these services in the course of activities that grossly or systematically violate consumer protection requirements laid down in this Law, the Civil Code, the Law on Prohibition of Unfair Commercial Practices for Consumers or the Law on Product Safety of the Republic of Lithuania to disable access to the information by blocking the Internet domain name, which identifies the website, until the infringements have been removed. The Internet access providers referred to in this paragraph shall be natural or legal persons, including branches or representative offices of a foreign legal person registered in the Republic of Lithuania, which provide Internet access services.
2. In order to exercise the right referred to in Article 12(2)(6) of this Law, the State Consumer Rights Protection Authority must submit a request for authorisation to perform actions to Vilnius Regional Administrative Court. The request must contain the name and surname of the person who has committed an infringement (if known), the domain name that identifies the website, the substance of the infringement and the action to be taken (binding instructions).
3. Vilnius Regional Administrative Court shall examine the request of the State Consumer Rights Protection Authority for an authorisation to perform actions and shall adopt a reasoned ruling granting or rejecting the request not later than within five days of receipt of the request.
4. Where the State Consumer Rights Protection Authority disagrees with the ruling of Vilnius Regional Administrative Court to reject the request for authorisation, the Authority shall be entitled to appeal against the said ruling before the Supreme Administrative Court of Lithuania within seven days of its adoption. The Supreme Administrative Court of Lithuania must hear the appeal against the ruling of Vilnius Regional Administrative Court not later than within seven days from the date of receipt of the appeal.
5. Following the removal of the infringement and the submission of information to the State Consumer Rights Protection Authority thereon, access to the blocked Internet domain name identifying the website shall be restored within seven days from the date of receipt of the information about the infringement removed.
6. A representative of the State Consumer Rights Protection Authority shall have the right to be present at the hearing of the appeal, where the appeal is heard by oral procedure. A ruling of the Supreme Administrative Court of Lithuania shall be final and not subject to appeal. When examining requests and complaints regarding the authorisation to carry out the actions, the courts must ensure the confidentiality of the provided information and scheduled actions.
Article 50. Single liaison office and competent authorities
1. When implementing Regulation (EU) 2017/2394, the Government shall designate a single liaison office.
Article 51. Procedure for exercising the minimum powers of competent authorities
1. This Article shall apply to the exercise by competent authorities of the powers provided for in Article 9 of Regulation (EU) 2017/2394 unless other laws provide otherwise.
2. In exercising the power of access to any relevant documents, data or information related to an infringement covered by Regulation (EU) 2017/2394 and the powers of access to information, data or documents, including the data for the purpose of tracing financial and data flows, competent authorities must, in order to determine whether an infringement covered by Regulation (EU) 2017/2394 has occurred or is occurring, protect information which constitutes a commercial, professional and bank secret or equivalent secret and, in the absence of the owner’s consent, use it solely for the purposes for which the information was provided. When providing documents, data or information, persons must submit to the competent authority an application for the protection of their commercial, professional or bank secrets or the information comprising an equivalent secret. The application must clearly indicate the information which comprises a commercial, professional or bank secret.
3. In exercising the powers conferred to the competent authorities by Regulation (EU) 2017/2394 to carry out on-site inspections, the provisions of the Law of the Republic of Lithuania on Public Administration and the laws governing the activities and powers of these authorities regarding inspections of activities of economic entities shall apply. When investigating infringements, the competent authority shall have the right, without prior notice, to enter the premises, territory or means of transport used by the seller or service provider during working hours; outside working hours, the competent authority shall have the right, with the consent of the seller or service provider or court authorisation, to seize information, data or documents of evidentiary value stored on any storage medium. Entry to residential premises of a natural person shall be permitted only upon producing a court order authorising entry into the residential premises.
4. In exercising the powers conferred to the competent authorities by Regulation (EU) 2017/2394 to purchase goods or services as test purchases, the provisions of the Law on Public Administration and the laws governing the activities and powers of these authorities regarding test purchases shall apply.
5. In exercising the powers conferred to the competent authorities by Regulation (EU) 2017/2394 to adopt interim measures, the provisions of Article 441 of the Law shall apply mutatis mutandis.
6. Where the competent authority has evidence of a potential infringement covered by Regulation (EU) 2017/2394, upon receipt of a written undertaking from the seller or service provider to bring about the cessation of the infringement, the competent authority shall examine the written undertaking not later than within 14 calendar days following its receipt and take a decision on the approval of the said undertaking. The written undertaking of the seller or service provider to bring about the cessation of the infringement, which has been approved by the competent authority, are published on the websites, if any, of the competent authority and of the seller or service provider and, where appropriate, at the point of sale. Where the seller or service provider fails to comply with the obligation to bring the infringement to an end, the competent authority shall initiate infringement proceedings.
7. Where the competent authority has evidence of a potential infringement covered by Regulation (EU) 2017/2394, upon receipt of a written undertaking from the seller or service provider to put consumer remedies in place, the competent authority shall examine the written undertaking not later than within 14 calendar days following its receipt and take a decision on the approval of the said undertaking. The written undertaking to put consumer remedies in place approved by the competent authority are published on the websites, if any, of the competent authority and of the seller or service provider and, where appropriate, at the point of sale. Where the seller or service provider fails to comply with its obligation to put consumer remedies in place, the competent authority shall initiate infringement proceedings.
8. Competent authorities shall provide information on compensation procedures to consumers for harm caused by potential infringements covered by Regulation (EU) 2017/2394. The manner in which this information is made available shall be established by the competent authority.
9. In exercising the powers conferred on competent authorities by Regulation (EU) 2017/2394 to bring about the cessation or prohibition of infringements covered by this Regulation, the provisions of Section Seven of this Law on the protection of the public interest of consumers shall apply.
10. In exercising the powers conferred to the competent authorities by Regulation (EU) 2017/2394 to restrict or disable access to an online interface or to remove content and display of a warning to consumers when they access an online interface, the provisions of Article 491 of this Law shall apply mutatis mutandis.
11. In exercising the powers conferred to the competent authorities by Regulation (EU) 2017/2394, the competent authorities shall apply to court for the revocation of an Internet domain name and/or for authorisation of its registration by the competent authority concerned.
12. In investigating infringements covered by Regulation (EU) 2017/2394, competent authorities may make use of police officers to maintain public order and to take possible coercive measures.
13. The competent authorities may, on their own initiative, initiate an investigation and/or inspection in relation to any matter relating to a possible infringement covered by Regulation (EU) 2017/2394.
14. In implementing Regulation (EU) 2017/2394, competent authorities shall have the right to publish on their websites information on the sanctions applied, including information on the substance of the infringement committed and the identity of the person who committed it (name, surname and registration number of the legal person), as well as information on other decisions taken by the competent authorities. Where a decision of the competent authority on the imposition of a sanction is appealed against, a notice thereof shall be published on the website of the competent authority and shall include information on the outcome of the appeal.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS
Annex to
the Law on Consumer Protection
LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW
1. Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC as last amended by Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015.
2. 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.
3. Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests, as last amended by Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018.
4. Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council as last amended by Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015.
5. Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
6. Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
7. Directive 2015/2366/EU of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC.
8. Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 as last amended by Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018.
9. Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC.
10. Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services.