5 Amendments of Eva KAILI related to 2016/0152(COD)
Amendment 71 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) When traders that comply with this Regulation make their online interfaces available for customers in another Member State or do not apply different general conditions of access in the cases laid down in this Regulation, they should not be regarded, for the purpose of determining the applicable law and jurisdiction, as directing their activities to the Member State of the consumer, unless additional elements are proved from which the existence of an intention so to do can be concluded.
Amendment 82 #
Proposal for a regulation
Recital 16
Recital 16
(16) In certain cases, blocking, limiting of access or redirection without the customer's consent to an alternative version of an online interface for reasons related to the customer's nationality, place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in Union law or in the laws of Member States in accordance with Union law. Such laws can limit customers' access to certain goods or services, for instance by prohibiting the display of specific content in certain Member States. Traders should not be prevented from complying with such requirements and thus be able to block, limit the access or redirect certain customers or customers in certain territories to an online interface, insofar as that is necessary for that reason. Furthermore, the application of this Regulation should not prevent Member States from applying their fundamental rules and principles relating to the freedom of press and freedom of expression.
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affect acts of Union law concerning judicial cooperation in civil matters. Compliance with this Regulation shall not be construed as implying that a trader directs his or her activities to the Member State where the consumer has the habitual residence or domicile within the meaning of point (b) of Article 6(1) of Regulation (EC) No 593/2008 and point (c) of Article 17(1) of Regulation (EU) 1215/2012. In particular, where a trader, in accordance with this Regulation ensures access to their online interface for customers regardless of their nationality or place of residence, does not apply different general conditions of access when selling goods or providing services in cases laid down in this Regulation or where the trader accepts payments instruments issued in a another Member State on a non-discriminatory basis, the trader shall not be considered as directing his or her activities to the Member State, where the consumer has the habitual residence or domicile, unless the existence of other additional elements is established, indicating the overall intention of the trader to direct his or her activity to such Member State.
Amendment 141 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The prohibition set out in paragraph 1 shall not preclude trader´s right to withhold the goods or the provision of the service based on objective reasons, until the payment transaction is correctly initiated.
Amendment 145 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1