BETA

14 Amendments of Emil RADEV related to 2013/0403(COD)

Amendment 26 #
Proposal for a regulation
Recital 14
(14) The payment of court fees should not require the claimant to travel or hire a lawyer for this purpose. As a minimum, bank transfers and credit orand debit card on- line payment systems should be accepted by all courts and tribunals with jurisdiction in European Small Claims Procedures.
2014/11/27
Committee: JURI
Amendment 37 #
Proposal for a regulation
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – introductory part
This Regulation shall not apply where, at the time when the claim form is received by the court or tribunal with jurisdiction, all of the following elements, where relevant, the domicile or habitual residence of each of the parties and the court or tribunal with jurisdiction are in a single Member State:.
2014/11/27
Committee: JURI
Amendment 38 #
Proposal for a regulation
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point a
(a) the domicile or habitual residence of the parties;deleted
2014/11/27
Committee: JURI
Amendment 39 #
Proposal for a regulation
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point b
(b) the place of performance of the contract;deleted
2014/11/27
Committee: JURI
Amendment 40 #
Proposal for a regulation
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point c
(c) the place where the facts on which the claim is based arose;deleted
2014/11/27
Committee: JURI
Amendment 41 #
Proposal for a regulation
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point d
(d) the place of enforcement of the judgment;deleted
2014/11/27
Committee: JURI
Amendment 42 #
Proposal for a regulation
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point e
(e) the court or tribunal with jurisdiction.deleted
2014/11/27
Committee: JURI
Amendment 53 #
Proposal for a regulation
Article 1 – point 5
Regulation (EC) No 861/2007
Article 8 – paragraph 1
1. AWhere an oral hearing shall be held through videoconference, teleconference or other appropriate distance communication technology in accordance with Council Regulation (EC) No 1206/2001 where the party to be heard is domiciledis held, it shall be executed by making use of any appropriate distance communication technology, such as videoconference where such technology ins a Member State other than the Member State ofvailable to the court or tribunal with jurisdiction.
2014/11/27
Committee: JURI
Amendment 57 #
Proposal for a regulation
Article 1 – point 5
Regulation (EC) No 861/2007
Article 8 – paragraph 2
2. A party shall always be entitled to appear before the court or tribunal and be heard in person if that party so requestsWhere the party to be heard is domiciled or habitually resident in a Member State other than the Member State of the court or tribunal with jurisdiction, that party shall attend an oral hearing held by any distance communication method in accordance with Council Regulation (EC) No 1206/2001.
2014/11/27
Committee: JURI
Amendment 59 #
Proposal for a regulation
Article 1 – point 5
Regulation (EC) No 861/2007
Article 8 – paragraph 2 a (new)
2a. A party shall always be entitled to appear before the court or tribunal and be heard in person if that party so requests.
2014/11/27
Committee: JURI
Amendment 67 #
Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 861/2007
Article 13 – paragraph 1
1. The documents mentioned in Article 5(26(1) and a judgment given in accordance with Article 7(2) shall be served by postal or by electronic means attested by an acknowledgment of receipt including the date of receipt. Documents shall be served electronically only on a party who expressly accepted in advance that documents may be served electronically. Service by electronic means can be attested by an automatic confirmation of deliveryby postal service or by electronic means (i) where such means are technically available and admissible under the procedural rules of the Member State in which the European Small Claims Procedure is conducted or, in the event that the two Member States are different, of the Member State in which the addressee is domiciled or habitually resident; and (ii) where the party to be served has expressly accepted in advance that documents may be served on him by electronic means or is, in accordance with the procedural rules of the Member State in which the addressee is domiciled or habitually resident, under a legal obligation to accept that specific method of service. The service shall be attested by an acknowledgement of receipt including the date of receipt.
2014/11/27
Committee: JURI
Amendment 68 #
Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 861/2007
Article 13 – paragraph 2
2. All written communications not referred to in paragraph 1 between the court or tribunal and the parties shall be carried out by electronic means attested by an acknowledgment of receipt, where such means are acceptable in procedures under national law and only where the party accepts such means of communication.deleted
2014/11/27
Committee: JURI
Amendment 69 #
Proposal for a regulation
Article 1 – point 8
Regulation (EC) No 861/2007
Article 13 – paragraph 3
3. If service in accordance with paragraph 1 is not possible, service may be effected by any of the methods provided for in Articles 13 or 14 of Regulation (EC) No 1896/2006. If communication in accordance with paragraph 2 is not possible, any other method of communication acceptable under national law may be used.deleted
2014/11/27
Committee: JURI
Amendment 74 #
Proposal for a regulation
Article 1 – point 9
Regulation (EC) No 861/2007
Article 15a – paragraph 2
2. The Member States shall ensure two years after entry into force of the Regulation that the parties can pay the court fees by means of distance payment methods, including bank transfer and, credit orand debit card on-line payment system.
2014/11/27
Committee: JURI