BETA

13 Amendments of Marie-Christine BOUTONNET related to 2018/2079(INL)

Amendment 21 #
Motion for a resolution
Recital L
L. whereas courts and chambers specialised in commercial matters at national level will guarantee a higher level of competence in such matters and thereby attract such cases to the courts of the Member States;
2018/10/19
Committee: JURI
Amendment 30 #
Motion for a resolution
Paragraph 6
6. Observes that such a procedure could build on requirements for thorough preparations by the parties before the procedure is launched, and strict deadlines, few possibilities to add facts or evidenthus achieving a fast-track proce during the process and no separate appeale; notes that it could be useful for such a procedure to be proecedural decisions, thus achieving a fast-tracked by an attempt at conciliation in order to avoid a lengthy and costly adversarial procedure;
2018/10/19
Committee: JURI
Amendment 34 #
Motion for a resolution
Paragraph 9
9. Observes that the aim to provide expedited settlement of commercial disputes in the Union cannot just be achieved by the introduction of a fast-track procedural system; to this aim, courtspecialised chambers, judges and lawyers highly proficient in commercial law and private international law would be needed in order to make such a procedural system efficient and high quality;
2018/10/19
Committee: JURI
Amendment 41 #
Motion for a resolution
Paragraph 12
12. Contends that in this respect there might be a need to review the Rome I Regulation in order to strengthen the connection between the aim and object of contracts and the law chosen, while at the same time allowing, where appropriate, for more party autonomy in relation to the choice of law, in order to ensure and enhance legal certainty, the Commission’s proposal should be based on the Rome I Regulation so as to enable the parties to determine the law applicable to the dispute in a simple and transparent manner;
2018/10/19
Committee: JURI
Amendment 44 #
Motion for a resolution
Paragraph 13
13. Emphasises that legislative measures cannot address these issues alone, practical measures to raise the competence both of courtspecialised chambers and of lawyers are also necessary;
2018/10/19
Committee: JURI
Amendment 48 #
Motion for a resolution
Paragraph 17
17. Pursuant to Article 225 TFEU, requests therefore the Commission to submit by 1 January 2020, on the basis of Article 81(2) TFEU, a proposal for a legislative act on a European Expedited Civil Procedure and a proposal for amendments toin accordance with the Rome I Regulation according to recommendations set out in the Annex hereto;
2018/10/19
Committee: JURI
Amendment 50 #
Motion for a resolution
Paragraph 20
20. Considers that any financial implications of the proposal, costs for procedures brought under the EECP, would be offset by equivalent savings as the EEPC is likely to be substantially more cost-effective than the ordinary procedures of the Member States, with the recommendation to attempt prior conciliation, and as the disputes in question would not be brought under the general procedural system of the Member State in question;
2018/10/19
Committee: JURI
Amendment 61 #
Motion for a resolution
Annex I – part I – paragraph 2 – point 7
7. Encourage a prior attempt at in- and out-of-court amicable settlement of disputes, including by way of mediation or conciliation;
2018/10/19
Committee: JURI
Amendment 64 #
Motion for a resolution
Annex I – part II
II. Possible changes to Rome I Regulation The proposal on European Expedited Civil Procedure could be supported by a proposal to amend the Rome I Regulation to achieve a stronger connection between the purpose and aim of agreements and the law chosen within the Union but also to afford the parties to purely commercial contracts further autonomy. Amendments to the Rome I Regulation could include: 1. The possibility for parties to apply not only existing law of a Member State, but international conventions, model laws and principles or similar adopted by an intergovernmental organisation; 2. Consideration of reinforcement of the connection between the law chosen and the content, aim and purpose of the contract and of the parties; 3. Reconsideration of the rules applicable to the validity of a choice of law, this ought to be considered under the default law applicable to the contract.deleted
2018/10/19
Committee: JURI
Amendment 66 #
Motion for a resolution
Annex I – part II – paragraph 1
The proposal on European Expedited Civil Procedure could be supported by a proposal to amend the Rome I Regulation to achieve a stronger connection between the purpose and aim of agreements and the law chosen within the Union but also to afford the parties to purely commercial contracts further autonomy.deleted
2018/10/19
Committee: JURI
Amendment 68 #
Motion for a resolution
Annex I – part II – paragraph 2
Amendments to the Rome I Regulation could include: 1. The possibility for parties to apply not only existing law of a Member State, but international conventions, model laws and principles or similar adopted by an intergovernmental organisation; 2. Consideration of reinforcement of the connection between the law chosen and the content, aim and purpose of the contract and of the parties; 3. Reconsideration of the rules applicable to the validity of a choice of law, this ought to be considered under the default law applicable to the contract.deleted
2018/10/19
Committee: JURI
Amendment 76 #
Motion for a resolution
Annex I – part III – point 3
3. In addition, the Commission is invited to further study the possibility to establish a European Commercial Court to supplement the courts of the Member States and offer litigants an additional, international forum specialised in settlement of commercial disputes.deleted
2018/10/19
Committee: JURI
Amendment 77 #
Motion for a resolution
Annex I – part III – point 4
4. As a final measure, Member States are invited to consider reviewing their laws applicable to commercial matters, as one of the more important factors for choice of law is how well the commercial law of a country has adapted to practices and developments in commercial areas.deleted
2018/10/19
Committee: JURI