Rights of consumers, recognised associations and qualified entities in the administrative procedure

(1) On the application of a consumer, the market surveillance authority must open a procedure for carrying out measures under Division 6 or Division 7 of this Act against an economic operator, where the consumer asserts that the economic operator infringes a provision of this Act or a provision of the statutory instrument to be issued under section 3(2), and that the consumer is as a result unable, or able only in a limited manner, to use the product or service concerned. The consumer has the right to instruct an association recognised under section 15(3) of the Act on Equal Opportunities for Persons with Disabilities, or a body under section 3(1), first sentence, no. 1 of the Injunctions Act, to apply, in the consumer's name or in the consumer's stead, for the opening of the procedure under the first sentence. After receipt of an application under the first sentence, the economic operator concerned must be given the opportunity to comment.
(2) The procedure under subsection (1), first sentence against an economic operator must also be opened where
1. an association recognised under section 15(3) of the Act on Equal Opportunities for Persons with Disabilities, or a body under section 3(1), first sentence, no. 1 of the Injunctions Act, applies for this, and
2. the alleged infringement by the economic operator of a provision of this Act or of a provision of the statutory instrument issued under section 3(2) concerns the applicant's statutory area of responsibility. The applicant must show, in its application under the first sentence, no. 1, that its statutory area of responsibility under the first sentence, no. 2 is affected. Asserting the right does not require that the applicant's own rights be infringed.
(3) The market surveillance authority decides on an application under subsection (1) or (2) by notice.
(4) Persons with hearing impairments and persons with speech impairments have the right to communicate with the market surveillance authority, in the administrative procedure under subsections (1) and (2), in German Sign Language, using spoken language supported by signing, or through other suitable means of communication. The costs of means of communication are to be borne by the market surveillance authority. Section 5 of the Communication Aids Ordinance applies accordingly.
(5) Sections 10 and 11 of the Act on Equal Opportunities for Persons with Disabilities apply accordingly to the administrative procedure under this provision.