10 Amendments of Kostas CHRYSOGONOS related to 2013/0403(COD)
Amendment 29 #
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 105,000 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 43 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 861/2007
Article 2 – paragraph 3 – point f
Article 2 – paragraph 3 – point f
(f) employment law; in particular collective agreements.
Amendment 55 #
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
2. A party shall always be entitled to either appear before the court or tribunal and be heard in person if that party so requestsunder the procedure set out in paragraph 1 or appear in person before the court or tribunal and be heard, if that party so requests, in a manner that must be specified in the request.
Amendment 62 #
Proposal for a regulation
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 861/2007
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Member States shall ensure that the parties can receive practical assistance in filling in the forms. Such assistance shall be provided free of charge and shall in particular be available for determining whether the procedure may be used to resolve the dispute concerned and for determining the court with jurisdiction, for calculating interest due and for identifying the documents which need to be attached.
Amendment 63 #
Proposal for a regulation
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 861/2007
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Member States shall also mutually share and provide information about legal experts who provide international legal assistance and guidance concerning how to find and contact them.
Amendment 65 #
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
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 be attested by an automatic confirmation of delivery. The special registry of the court or tribunal that issued the decision shall serve all types of document and be solely responsible for confirming delivery to the defendant.
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 861/2007
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) it is not proven that the defendant was not served with the claim form, or he was not served with it in sufficient time and in such a way as to enable him to arrange for his defence; or
Amendment 78 #
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)
Article 18 – paragraph 1 – point b a (new)
(ba) it is not proven that the defendant was served with a summons to attend a hearing, or the hearing of the defendant was prevented for reasons of force majeure or by exceptional circumstances from taking place.
Amendment 81 #
Proposal for a regulation
Article 2
Article 2
Regulation (EC) No 1896/2006
Article 17 – paragraph 1 – first subparagraph – point a
Article 17 – paragraph 1 – first subparagraph – point a
(a) any applicable simplified procedure, in particular the procedure laid down in Regulation (EC) No 861/2007; or if the dispute is amenable to the simplified procedure;
Amendment 82 #
Proposal for a regulation
Article 2
Article 2
Regulation (EC) No 1896/2006
Article 17 – paragraph 1 – first subparagraph – point b
Article 17 – paragraph 1 – first subparagraph – point b
(b) the ordinary civil procedure in all other cases.