It is not permissible to file a demand based on the preceding Article, Article 34, paragraph (1) of the Act against Unjustifiable Premiums and Misleading Representations (Act No. 134 of 1962), Articles 58-18 through 58-24 of the Act on Specified Commercial Transactions (Act No. 57 of 1976), or Article 11 of the Food Labeling Act (Act No. 70 of 2013) (hereinafter referred to as a "demand for injunction") in the following cases:
前条、不当景品類及び不当表示防止法（昭和三十七年法律第百三十四号）第三十四条第一項、特定商取引に関する法律（昭和五十一年法律第五十七号）第五十八条の十八から第五十八条の二十四まで又は食品表示法（平成二十五年法律第七十号）第十一条の規定による請求（以下「差止請求」という。）は、次に掲げる場合には、することができない。
when the filing is done with the intention of obtaining an unjustifiable profit for the qualified consumer organization or a third party, or to cause damage to the other party of the demand;
when the details of the demand and the other party are the same as those for which a final judgment or equally binding disposition (meaning a final and binding judgment or anything with the same effect; this excludes what is set forth in (a) through (c) below; the same applies hereinafter) already exists from previous legal proceedings (meaning litigation, proceedings regarding petitions for settlement, conciliation, and arbitration; the same applies hereinafter) to which another qualified consumer organization was party and in which a demand for injunction was filed; provided, however, that this does not apply if that other qualified consumer organization has had its certification as referred to in Article 13, paragraph (1) rescinded in relation to the legal proceedings leading to the final and binding judgment on the grounds set forth in Article 34, paragraph (1), item (iv), nor does it apply if, pursuant to paragraph (3) of that Article, there was a finding that grounds as set forth in that item as regards that other organization exist, in relation to those proceedings:
a final and binding judgment dismissing the action without prejudice;
訴えを却下した確定判決
a final and binding judgment or an arbitration award dismissing the demand for injunction only on the grounds provided for in the preceding item;
a final and binding judgment or any other judgment with an equivalent effect that dismisses a demand for a declaratory judgment confirming that there is no right to file a demand for injunction (hereinafter referred to as a "right to demand an injunction") or that no obligation exists in connection with a person's right to demand an injunction (referred to as a "demand for a judgment declaring the non-existence of a right to demand an injunction or a related obligation" in Article 24).
The main clause of item (ii) of the preceding paragraph does not preclude a person from filing a demand for an injunction in the case as set forth in the main clause of that item based on grounds arising after the conclusion of oral arguments in the litigation subject to the final and binding judgment in question, or based on grounds arising after the establishment of anything with the same effect as a final and binding judgment.