Who can claim for unfair competition?

legitimation

 

 

 

 

 

 

 

 

 

 

The Unfair Competition Act provides for both individual and collective locus standi.

It is regulated in Articles 33 and 34 LCD.

Right of action

Article 33 LCD distingue Four types of legitimation:

1.- Legitimacy full allowing to perform all the actions of the Article 32 LCD.

2.- Legitimacy for actions declarative, cessation, removal rectification and compensation for damages that have the market participant whose interests have been harmed or threatened by unfair conduct.

3.- Legitimacy against illegal advertising, any affected who shall have a subjective right or a legitimate interest. Moreover, in certain cases such as the humiliating treatment of women, the LGP provides legitimizing the Government Office, Women's Institute or equivalent regional, associations in defense of the interests of women and Prosecution.

4.- Legitimacy collective with one hand consumer associations and other, entities such as the National Consumer Institute and equivalents at regional level, institutions from other Member State of the European Community and Public Prosecutor.

Sued

Article 34 LCD indicates who can be sued for unfair competition: Any person who has made or ordered or inequitable conduct has cooperated its realization. The action for unjust enrichment, You can only go against it has benefited. The defendant must not necessarily be an entrepreneur but may be a professional or an association, provided that their behavior affects the market.

Process

The demand would be subject to ordinary trial (regardless of the amount), before Commercial Court the defendant's domicile and if it has in Spain, the place where this is the act of unfair competition or its effects, chosen by the applicant (art. 52.1.12 the LEC). The process also has a number of specialties in terms of the preliminary hearing, the burden of proof and the precautionary measures that will be other entries.

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