(1)An application for an enforcement order must name the person the enforcer thinks—
(a)has engaged or is engaging in conduct which constitutes a domestic or a Community infringement, or
(b)is likely to engage in conduct which constitutes a Community infringement.
(2)A general enforcer may make an application for an enforcement order in respect of any infringement.
(3)A designated enforcer may make an application for an enforcement order in respect of an infringement to which his designation relates.
(4)A Community enforcer may make an application for an enforcement order in respect of a Community infringement.
[F1(4A)A CPC enforcer may make an application for an enforcement order in respect of a Community infringement.]
(5)The following courts have jurisdiction to make an enforcement order—
(a)the High Court or a county court if the person against whom the order is sought carries on business or has a place of business in England and Wales or Northern Ireland;
(b)the Court of Session or the sheriff if the person against whom the order is sought carries on business or has a place of business in Scotland.
(6)If an application for an enforcement order is made by a Community enforcer the court may examine whether the purpose of the enforcer justifies its making the application.
(7)If the court thinks that the purpose of the Community enforcer does not justify its making the application the court may refuse the application on that ground alone.
(8)The purpose of a Community enforcer must be construed by reference to the Injunctions Directive.
(9)An enforcer which is not the [F2CMA] must notify the [F2CMA] of the result of an application under this section.
Textual Amendments
F1S. 215(4A) inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 12
F2Word in s. 215(9) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 8 (with art. 3)