13 Amendments of Daniel BUDA related to 2013/0403(COD)
Amendment 33 #
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 10,000, in the case of a claim against a natural person, or EUR 15,000 in the case of a claim against a legal person or entity assimilated to a legal person, 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 34 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 1a
Article 2 – paragraph 1a
1a. This Regulation shall apply to natural persons, legal persons and other entities assimilated to legal persons.
Amendment 46 #
Proposal for a regulation
Article 1 – point 3 – point a
Article 1 – point 3 – point a
Regulation (EC) No 861/2007
Article 4 – paragraph 4 - second subparagraph
Article 4 – paragraph 4 - second subparagraph
The court shall inform the claimant of such dismissalwhich ruled on the substance of the small claim shall inform the claimant of such dismissal and of the possible means of appealing against the decision taken.
Amendment 47 #
Proposal for a regulation
Article 1 – point 3 – point b
Article 1 – point 3 – point b
Regulation (EC) No 861/2007
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall ensure that the standard claim Form A is available in paper formall courts and tribunals at which the European Small Claims Procedure can be commenced meet their obligation to provide citizens, through the competent services, with the standard claim Form A in paper form, and that it is available at all courts and tribunals at which the European Small Claims Procedure can be commenced, as well as in electronic form on the websites of those courts or of the relevant central authority.
Amendment 58 #
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. Member States shall ensure that courts and tribunals at which the European Small Claims Procedure can be commenced are provided with appropriate distance communication technology.
Amendment 60 #
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 861/2007
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The court or tribunal shall allow the parties to address questions to the witnesses heard in writing, where it considers this necessary in order to reach a fair settlement of the claim. The court or tribunal shall forward the questions put by the parties to the witnesses, and shall inform them of the deadline by which the witnesses are obliged to provide a written answer and forward their answer to the court or tribunal.
Amendment 61 #
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 861/2007
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2b. The expert who is to be heard pursuant to paragraph 2a shall be appointed by the court or tribunal.
Amendment 64 #
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(2) and 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 also be attested by an automatic confirmation of delivery.
Amendment 70 #
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
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 the national law applicable in the Member State of the court empowered to settle the small claim may be used.
Amendment 71 #
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 861/2007
Article 15a – paragraph 1
Article 15a – paragraph 1
1. The court fee charged for a European Small Claims Procedure shall not exceed 105% of the value of the claim, excluding all interest, expenses and disbursements. If Member States charge a minimum court fee for a European Small Claims Procedure, that fee shall not exceed EUR 35 at the time when the claim form is received by the court or tribunal with jurisdiction.
Amendment 76 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 861/2007
Article 15a – paragraph 2 a (new)
Article 15a – paragraph 2 a (new)
2a. As proof of payment of the fee, the Member States shall ensure that the courts or tribunals receive from the party making the small claim the payment order attesting that the bank transfer has been made using Internet banking, the confirmation of payment where the fee has been paid by credit card, or any other document on the basis of which it can be established that the fee has been paid.
Amendment 79 #
Proposal for a regulation
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 861/2007
Article 18 – paragraph 1 – point b a (new)2
Article 18 – paragraph 1 – point b a (new)2
(ba) the defendant was not aware of the small claim because he was not correctly summoned, either because he no longer lived at the same address, or because he was away for a lengthy period. These situations are not exhaustive.
Amendment 86 #
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].