Except in the following cases, it is prohibited for a qualified consumer organization to receive money or any other financial benefit from the other party of the demand for injunction, in the form of a contribution or donation or under any other name, in relation to its exercise of the right to demand an injunction:
receiving a financial benefit as reimbursement in an amount equivalent to its court costs from the other party that has been ordered to bear the court costs (or the costs of settlement, conciliation, or arbitration proceedings) in a judgment on a demand for an injunction (including anything with the same effect as a final and binding judgment or a decision on a petition for a provisional disposition order; hereinafter the same applies in this paragraph) or in a decision referred to in Article 73, paragraph (1) of the Code of Civil Procedure (Act No. 109 of 1996);
receiving a financial benefit in the form of a monetary payment ordered pursuant to Article 172, paragraph (1) of the Civil Execution Act (Act No. 4 of 1979) based on a judgment on a demand for injunction;
差止請求に係る判決に基づいて民事執行法(昭和五十四年法律第四号)第百七十二条第一項の規定により命じられた金銭の支払として財産上の利益を受けるとき。
receiving a financial benefit in the form of a reimbursement of the costs for compulsory execution based on a judgment on a demand for injunction;
差止請求に係る判決に基づく強制執行の執行費用に相当する額の償還として財産上の利益を受けるとき。
receiving a financial benefit as the payment of a penalty agreed upon to ensure the performance of the obligations of the other party of the demand for injunction.
差止請求に係る相手方の債務の履行を確保するために約定された違約金の支払として財産上の利益を受けるとき。
It is prohibited for the officer, employee, or expert advisor of a qualified consumer organization to receive money or any other financial benefit from the other party of the demand for injunction filed by the qualified consumer organization, in the form of a contribution or donation or under any other name, related to the organization's exercise of the right to demand an injunction.
It is prohibited for a qualified consumer organization or its officer, employees, or expert advisor to have a third party receive money or any other financial benefit from the other party of the demand for injunction filed by the qualified consumer organization, in the form of a contribution or donation or under any other name, related to the organization's exercise of the right to demand an injunction.
A financial benefit that a qualified consumer organization is prohibited from receiving or from having a third party receive from the other party of the demand for injunction as provided for in the preceding three paragraphs does not include a financial benefit that the organization has received or had a third party receive as compensation for damage caused by a tort committed by the other party with respect to the exercise of the right to demand an injunction.
If a qualified consumer organization receives a financial benefit as provided for in one of the items of paragraph (1), it must set aside an equivalent amount of money to cover the costs required for the services related to the right to demand an injunction.
A qualified consumer organization must establish in its articles of incorporation that if it discontinues its services related to the right to demand an injunction or stops providing those services due to the expiration (excluding those due to discontinuation of services related to the right to demand an injunction) or rescission of the certification referred to in Article 13, paragraph (1) while a surplus to the reserve fund (meaning an amount set aside pursuant to the preceding paragraph) remains, that the surplus is to belong to another qualified consumer organization (if a qualified consumer organization has succeeded to the right to demand an injunction pursuant to Article 35, that qualified consumer organization) if there is one, and if not, the surplus is to belong to a consumer organization that conforms to the requirements set forth in Article 13, paragraph (3), item (ii) and specified by the Prime Minister or is to be vested in the State.
適格消費者団体は、その定款において、差止請求関係業務を廃止し、又は第十三条第一項の認定の失効(差止請求関係業務の廃止によるものを除く。)若しくは取消しにより差止請求関係業務を終了した場合において、積立金(前項の規定により積み立てられた金額をいう。)に残余があるときは、その残余に相当する金額を、他の適格消費者団体(第三十五条の規定により差止請求権を承継した適格消費者団体がある場合にあっては、当該適格消費者団体)があるときは当該他の適格消費者団体に、これがないときは第十三条第三項第二号に掲げる要件に適合する消費者団体であって内閣総理大臣が指定するもの又は国に帰属させる旨を定めておかなければならない。