Activities of Keith TAYLOR related to 2018/0089(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC
Amendments (15)
Amendment 31 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumerand thereby in particular achieve and enforce a high level of protection and of access to justice and mediation for affected citizens, while ensuring appropriate safeguards to avoid abusive litigation.
Amendment 33 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to ensure a higher level of protection of any affected citizen or to grant qualified entities or any other persons concerned othermore favourable procedural means to bring actions aimed at the protection of the collective interests of consumers at national level.
Amendment 35 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to representative actions brought against infringements by manufacturers and/or suppliers of goods and services as well as traders of provisions of the Union law listed in Annex I that harm or may harm any public interest, including, but not limited to, the collective interests of consumerslisted in Annex 1. It shall apply to domestic and cross-border infringements, including where those infringements have ceased before the representative action has started or before the representative action has been concluded.
Amendment 38 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not affect rules establishing contractual and non- contractual remedies available to consumers for such infringements under Union or national law.
Amendment 40 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘consumer’ means any natural person who is acting for purposes which are outside their trade, business, craft or profession or who is a user of the offered products and services;
Amendment 41 #
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
Amendment 49 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that established or ad-hoc organisations defending a public interest, in particular consumer organisations and independent public bodies are eligible for the status of qualified entity. Member States may designate as qualified entities consumer organisations that represent members from more than one Member State.
Amendment 50 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 56 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the for material or consequential damage (including physical or mental health), which obligates the manufacturers, suppliers of goods and services or trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued.
Amendment 66 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.affected citizen. (The change of 'consumer' to 'affected citizen' should apply to the entire text)
Amendment 68 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers and workers, as well as the general public at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually.
Amendment 71 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The information referred to in paragraph 1 shall include in intelligieasy understandable language an explanation of the subject- matter of the representative action, its legal consequences and, if relevant, the subsequent steps to be taken by the consumers concernedaffected citizens.
Amendment 72 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Member States shall ensure that information is provided to the public in an accessible way on upcoming, ongoing and closed collective action, i.e. on a public website.
Amendment 74 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 83 #
Proposal for a directive
Annex I – point 59 a (new)
Annex I – point 59 a (new)
(59a) EU legislation based on the UN charter of accessibility for persons with disabilities as well as the 'accessibility act' for persons with disabilities and persons with reduced mobility (PRMs)