Activities of Therese COMODINI CACHIA related to 2013/0403(COD)
Plenary speeches (2)
European small claims procedure and European order for payment procedure (A8-0140/2015 - Lidia Joanna Geringer de Oedenberg)
European small claims procedure and European order for payment procedure (debate) MT
Amendments (19)
Amendment 15 #
Proposal for a regulation
Recital 5
Recital 5
(5) Increasing the threshold up to EUR 10,000 for claims pursued against a legal person would be particularly beneficial for small and medium enterprises, which are currently discouraged from considering court action because under national ordinary or simplified procedures the costs of litigation are disproportionate to the value of the claim and/or the judicial proceedings are too lengthy. Raising the threshold would improve access to an effective and cost efficient judicial remedy for cross-border disputes involving Small and Medium Enterprises. Increased access to justice would enhance the trust in cross- border transactions and contribute to the fullest use of the opportunities offered by the internal market. In this Regulation the term of 'legal person' shall be defined so as to cover a group of persons who associate or a group of things which are appropriated to achieve a lawful purpose and are endowed with legal personality in accordance with the law of the Member State in which they are domiciled. or: In this Regulation the term of 'legal person' should be defined so as to cover a group of persons who associate or a group of things which are appropriated to achieve a lawful purpose and are endowed with legal personality in accordance with the rules of jurisdiction established in Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
Amendment 20 #
Proposal for a regulation
Recital 11
Recital 11
(11) The European Small Claims Procedure is essentially a written procedure. However, oral hearings may be held exceptionally where it is not possible to render the judgment on the basis of the written evidence provided by the parties. Furthermore, in order to safeguard the procedural rights of the parties, an oral hearing should always be organised upon the request of at least one of the parties where the value of the claim pursued against a legal person exceeds EUR 5,000, or the value of the claim pursued against a natural person exceeds EUR 2,000. Finally, courts should seek to reach a settlement between the parties and therefore, where the parties declare their willingness to reach a court settlement, the court should organise an oral hearing for this purpose.
Amendment 30 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed EUR 10pursued against a legal person does not exceed EUR 10,000 or a claim pursued against a natural person does not exceed EUR 5,000 at the time when the claim form is received by the court or tribunal with jurisdiction, excluding all interest, expenses and disbursements. It shall not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (acta jure imperii).
Amendment 37 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – introductory part
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:.
Amendment 38 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 39 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 40 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 41 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
Amendment 42 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
Amendment 49 #
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 861/2007
Article 5 – paragraph 1 – second subparagraph – point a
Article 5 – paragraph 1 – second subparagraph – point a
(a) the value of the claim pursued against a legal person exceeds EUR 25,000, or
Amendment 50 #
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 861/2007
Article 5 – paragraph 1 – second subparagraph – point b
Article 5 – paragraph 1 – second subparagraph – point b
(b) both parties indicate their willingness to conclude a court settlement and request a court hearing for that purpose. “the value of the claim pursued against a natural person exceeds EUR 2,000, or
Amendment 51 #
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 861/2007
Article 5 – paragraph 1 – second subparagraph – point b a (new)
Article 5 – paragraph 1 – second subparagraph – point b a (new)
(ba) both parties indicate their willingness to conclude a court settlement and request a court hearing for that purpose
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 84 #
Proposal for a regulation
Article 3 – second paragraph
Article 3 – second paragraph
It shall apply from [612 months after the entry into force of the Regulation].