Activities of Angel DZHAMBAZKI related to 2013/0403(COD)
Legal basis opinions (0)
Amendments (8)
Amendment 23 #
Proposal for a regulation
Recital 13
Recital 13
(13) The potential costs of litigation may play a role are one of the basic factors influencing the claimant'’s decision to consider court action. Among other costs, court fees may discourage claimants from taking court action, in particular in those Member States where court fees are disproportionate. The court fees should be proportionate to the value of the claim in order to ensure access to justice for cross- border small claims. This Regulation does not aim at harmonising court fees; instead, it puts in place a maximum limit on court fees which would make the procedure accessible to a significant proportion of claimants, while at the same time allowing Member States wide discretion in choosing the method of calculation and the amount of court fees.
Amendment 53 #
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 861/2007
Article 8 – paragraph 1
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.
Amendment 57 #
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 861/2007
Article 8 – paragraph 2
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.
Amendment 59 #
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 861/2007
Article 8 – paragraph 2 a (new)
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.
Amendment 67 #
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 861/2007
Article 13 – paragraph 1
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.
Amendment 68 #
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 861/2007
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 69 #
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 861/2007
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 73 #
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 861/2007
Article 15a – paragraph 1 a (new)
Article 15a – paragraph 1 a (new)
1a. The minimum wage level in the country concerned shall be taken into consideration when the court fees are set.