Consumer Protection Cooperation Network CPCN (Sieć Współpracy ds. Ochrony Konsumenta)
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Item JUST/2014/CONS/PR/CO05/0131: “Study on enforcement authorities’ powers in the application of Regulation 2006/2004/EC on Consumer Protection Cooperation” FINAL REPORT(2016-09-10)The scope of the Study is to gather information on the implementation of the minimum investigative and enforcement powers as introduced by Article 4(6) of Consumer Protection Cooperation (CPC) Regulation 2006/2004/EC (hereinafter the “CPC Regulation”). The CPC Regulation provides that all the Member States must ensure that competent authorities have a set of minimum powers in order to be able to effectively carry out their enforcement tasks and discharge the CPC Regulation’s mutual assistance obligations. The exercise of these powers takes place in accordance with the national procedural rules. The minimum investigative and enforcement powers have been implemented at national level by taking into account the national institutional framework. This may give rise to some issues related to the correct implementation of the minimum investigative and enforcement powers and the way in which these powers are used by the national competent authorities. The Study intends to verify if there are any shortcomings in the way in which the CPC provisions have been implemented and applied, and if they are, focusing on whether there is a valid justification on the basis of the way a national system is set up.