Activities of Manuel MEDINA ORTEGA related to 2007/2258(INI)
Legal basis opinions (0)
Amendments (13)
Amendment 1 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the consultations held with the national authorities, including those of the new Member States, have confirmed that, where they exist, the applicable penalties are valid and applied effectively throughout the European Union,
Amendment 2 #
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas, however, some Member States do not provide for any specific sanctions and rely solely upon the insurers' duty to pay statutory interest on the amount of compensation if the reasoned offer/reply is not made within three months and whereas such a sanction is, nevertheless, specifically required under the directive and must be applied in all the Member States,
Amendment 3 #
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas the payment of statutory interest on arrears is not a sanction but a means of compensation, which should be regarded as additional to, but not as a substitute for, the penalty,
Amendment 4 #
Draft opinion
Recital B d (new)
Recital B d (new)
Bd. whereas the consultations carried out by the Commission to ascertain the extent of public awareness of the claims representative system involved only the Member States and the insurance industry, and did not succeed in involving to a sufficient extent members of the public and consumers' associations, in other words the parties with the greatest interest in ensuring the system works properly,
Amendment 5 #
Draft opinion
Recital B e (new)
Recital B e (new)
Amendment 6 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that a mere obligation on insurers to pay statutory interest on arrears does not constitute a sanction, and consequently that stricter supervision is required and the Commission must take appropriate action to ensure that all Member States provide for effective sanctions;
Amendment 7 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers that introducing harmonised national financial penalties would make it possible to simplify the procedure while safeguarding the interests of citizens and consumers;
Amendment 8 #
Draft opinion
Paragraph 4
Paragraph 4
Considers it advisable to keep legal expenses insurance on a voluntary basis in order to respect the specific features of the various national markets; hopes that the Member States and the Commission will promote knowledge of such a form of insurance via appropriate information campaigns and that they will stimulate freedom to provide such a service in order to encourage the dissemination of models based on the best practices of other Member States;
Amendment 10 #
Draft opinion
Paragraph 4a (new)
Paragraph 4a (new)
4a. Considers that every effort should be made to consider the possibilities of introducing compulsory legal expenses insurance without significantly increasing insurance premiums;
Amendment 11 #
Draft opinion
Paragraph 4b (new)
Paragraph 4b (new)
Amendment 12 #
Draft opinion
Paragraph 4c (new)
Paragraph 4c (new)
4c. Calls on the Commission to indicate alternative dispute resolution systems for settling claims, for example the direct compensation system, and to introduce such systems based on best practice from other Member States;
Amendment 13 #
Draft opinion
Paragraph 4d (new)
Paragraph 4d (new)
4d. Calls on the Commission to give serious consideration to introducing a compulsory direct compensation system as a means of achieving a general harmonisation at European level of dispute settlement measures;
Amendment 14 #
Draft opinion
Paragraph 4e (new)
Paragraph 4e (new)
4e. Considers that, to avoid gravely and unwarrantedly penalising the insurance industry, a mandatory direct compensation system could be introduced at European level after a transitional period and/or a period in which the system would be limited to accidents occurring outside the Member State of residence.