第三十五条(差止請求権の承継に係る指定等)
When there is a matter upon which compulsory execution may be carried out in the final judgment or equally binding disposition as referenced in the main clause of Article 12-2, paragraph (1), item (ii), if a qualified consumer organization's certification pursuant to Article 13, paragraph (1) expires due to reasons set forth in one of the items of Article 22, or is to be revoked due to reasons set forth in the items of paragraph (1) of the preceding Article or one of the items of Article 92, paragraph (2) of Act on Special Measures for Consumer Litigation Procedure, or has already expired or has been revoked due to those reasons, the prime minister is to designate another qualified consumer organization to succeed to the right to demand cease and desist or seek injunctive relief held by the qualified consumer organization.
When a designation under the preceding paragraph has been made, the qualified consumer organization that has been designated succeeds to the right to demand cease and desist or seek injunctive relief referenced in that paragraph at the time of the designation (if the designation is made after the expiration or rescission of the certification, retroactively from the time of its expiration or rescission).
In the case referenced in the preceding paragraph, if a qualified consumer organization that succeeded to the right to demand cease and desist or seek injunctive relief pursuant to that paragraph files an action seeking injunctive relief based on that right, the main clause of Article 12-2, paragraph (1), item (ii) does not apply to that demand.
The prime minister must revoke the designation of a qualified consumer organization that has been designated pursuant to the provisions of paragraph (1), paragraph (6), or paragraph (7) (hereinafter referred to as a "designated qualified consumer organization" from this paragraph to paragraph (7)), if any of the grounds in the following items arises:
the designated qualified consumer organization's certification pursuant to Article 13, paragraph (1) expires or has already expired due to reasons set forth in the items of Article 22, or its certification is to be revoked due to reasons set forth in the items of Article 34, paragraph (1) or any of the items of Article 92, paragraph (2) of the Act on Special Measures for Consumer Litigation Procedure; or
a disposition revoking a certification pursuant to Article 13, paragraph (1), a disposition denying renewal of the term of validity of the certification referenced in that paragraph, or a disposition denying approval for a merger or for the transfer of all the business (hereinafter referred to as "revocation of certification" in this Article) is revoked, or a judgment revoking, invalidating, or declaring the non-existence of a disposition revoking certification (hereinafter referred to as a "cancellation judgement, etc." in item (ii) of the following paragraph) becomes final and binding as regards the party to the relevant final judgment or equally binding disposition that held the right to take action seeking injunctive relief before the designated qualified consumer organization that succeeded to that right was designated (hereinafter referred to as the "former qualified consumer organization" in this Article).
The prime minister may revoke the designation of a designated qualified consumer organization if any of the grounds in the following items arises:
内閣総理大臣は、次の各号のいずれかに掲げる事由が生じたときは、指定適格消費者団体に係る指定を取り消すことができる。
the designated qualified consumer organization has neglected the necessary procedures for carrying out the compulsory execution pertaining to the right to take action seeking injunctive relief which it has succeeded, and this is found to be materially detrimental to the interests of a large, non-exclusive group of consumers; or
as regards a former qualified consumer organization that was a designated qualified consumer organization (excluding an organization that was a party to the relevant final judgment or equally binding disposition), when the disposition revoking certification that served as the grounds for the rescission of its designation under item (i) of the preceding paragraph is revoked; a cancellation judgment, etc. of the disposition revoking the certification becomes final and binding; a disposition revoking its designation under the preceding item is itself revoked; or a cancellation judgment, etc. of the disposition revoking the certification becomes final and binding.
If the prime minister revokes or has already revoked the designation of a designated qualified consumer organization due to reasons set forth in paragraph (4), item (i) or in item (i) of the preceding paragraph, the prime minister is to newly designate another qualified consumer organization as a qualified consumer organization that should succeed to the right to take action seeking injunctive relief that the designated qualified consumer organization has succeeded to.
In revoking designation of a designated qualified consumer organization due to reasons set forth in paragraph (4), item (ii) or paragraph (5), item (ii), the prime minister is to newly designate the former qualified consumer organization as a qualified consumer organization that should succeed to the right to take action seeking injunctive relief that the qualified consumer organization has succeeded to.
Once a new designation under the preceding two paragraphs is made, the right to take action seeking injunctive relief referenced in the preceding two paragraphs is succeeded to by the newly designated qualified consumer organization at the time of the new designation (if the new designation has been made after the rescission of a former designation, the succession is retroactive to the time that the former designation was revoked (if a former designation was revoked and a new designation was made after the expiration of a former qualified consumer organization's certification pursuant to Article 13, paragraph (1), the succession is retroactive to the time that the certification expired)).
The provisions of paragraph (3) apply mutatis mutandis to the case referenced in the preceding paragraph, when the qualified consumer organization succeeding to the right to take action seeking injunctive relief pursuant to the preceding paragraph files an action seeking injunctive relief based on that right.
Having made a designation under paragraph (1), (6), or (7), the prime minister, pursuant to the provisions of Cabinet Office Order, is to issue public notice of this and of the date of the designation, and notify the designated qualified consumer organization of this in writing. The same applies if the prime minister revokes the designation pursuant to the provisions of paragraph (4) or (5).
Subsection 4 Auxiliary Provisions
第四款 補則
第三十六条(規律)
A qualified consumer organization may not be utilized for the benefit of a political party or for a political purpose.
適格消費者団体は、これを政党又は政治的目的のために利用してはならない。
Article 37Requests for the Cooperation of Public Offices
第三十七条(官公庁等への協力依頼)
On finding it to be necessary to do so in order to implement this Act, the prime minister may make inquiries to government agencies, other public entities, and other persons or request their cooperation.
内閣総理大臣は、この法律の実施のため必要があると認めるときは、官庁、公共団体その他の者に照会し、又は協力を求めることができる。
Article 38Expressing an Opinion to the Prime Minister
第三十八条(内閣総理大臣への意見)
If the persons listed in the following items find that, because there is sufficient reason to suspect that there are grounds as prescribed in the following items with regard to a qualified consumer organization, while the prime minister finds it necessary to take appropriate measures regarding the qualified consumer organization, the person may express an opinion to that effect to the prime minister:
次の各号に掲げる者は、適格消費者団体についてそれぞれ当該各号に定める事由があると疑うに足りる相当な理由があるため、内閣総理大臣が当該適格消費者団体に対して適当な措置をとることが必要であると認める場合には、内閣総理大臣に対し、その旨の意見を述べることができる。
the Minister of Economy, Trade and Industry:the grounds that do not meet the requirements set forth in Article 13, paragraph (3), item (ii) or the grounds set forth in Article 34, paragraph (1), item (iv); and
経済産業大臣 第十三条第三項第二号に掲げる要件に適合しない事由又は第三十四条第一項第四号に掲げる事由
the Commissioner General of the National Police Agency:the grounds that fall under Article 13, paragraph (5), item (iii), item (iv), or item (vi)(c).
警察庁長官 第十三条第五項第三号、第四号又は第六号ハに該当する事由