(1) Where a qualified entity is of the opinion that a person is acting in a manner that constitutes an infringement, the qualified entity may, for the purpose of protecting the collective interests of consumers and subject to paragraphs (4), (5) and (6), apply to the Court for an order requiring that person -

(a) to cease acting in that manner, or

(b) not to act in that manner.

(2) An application under paragraph (1) may be made in a summary manner.

(3) A qualified entity from another Member State that protects interests in that Member State affected by an infringement may, subject to paragraphs (4) and (5), make an application to the Court under paragraph (1) if -

(a) the qualified entity is specified in the list published, in accordance with Article 4.3 of the Injunctions Directive, by the European Commission in the Official Journal of the European Union, and

(b) the qualified entity provides the Court with a copy of the Official Journal containing the most recent publication of the list referred to in subparagraph (a).

(4) Before a qualified entity makes an application under paragraph (1) against a person, the qualified entity -