7 Amendments of Bernhard RAPKAY related to 2008/2154(INI)
Amendment 29 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that direct and indirect purchasers should have available to them, for the prosecution of their stand -alone or follow-up claims, individual, collective or representative claims in the form of a test application for a declaratory judgment;
Amendment 38 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the view that the Member States, in accordance with Article 3 of Directive 98/27/EC of the European Parliament and the Council of 19 May 1998 on injunctions 1 OJ L 166, 11.6.1998, p. 51. for the protection of consumer interests , should as a general rule give the power to prosecute in representative actions to qualified entities, and that authorisations to pursue such actions should primarily be considered for associations which arrange for actions in law for damages for companies; calls for duplicate representative actions on the basis of the same facts to be avoided;
Amendment 45 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that participation in an opt-in collective claim must remain possible up to the time of the commencement of proceedingsaking of evidence is complete;
Amendment 51 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that collective claimants must not be in a better position than individual claimants, and calls for application in the context of collective and individual law enforcement mechanisms of the principle that the party bringing the infringement claim must provide evidence for their claim, provided the national law in question does not provide for any lightening of the burden of proofpotential offenders must bear the full burden of presentation and proof of exonerating circumstances;
Amendment 67 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Commission’s work on a non-binding guidance framework for the calculation of damages; calls for the damage assessment remit to be extended to include discretionary decisions by courts;
Amendment 74 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes that fact that in the case of continuous or repeated infringements, limitation periods begin on the day when the infringement ceases or when the victim can reasonably be expected to have knowledgethere is awareness, if any, of the infringement; stresses that rules on limitation periods also serve to create legal certainty and that in the event of a failure to establish liability an absolute limitation period of ten years must therefore apply; also welcomes the fact that the limitation period for stand- alone claims is to be based on national law, and calls for this to apply to follow-up claims also; calls, in addition, in the case of prosecution by the authorities, for the limitation period for follow-up cases to be suspended, the suspension to begin with the opening of the proceedings and to end with the definitive ruling or ending of the investigation by the cartel authority or with the binding judgment of the appellate court;
Amendment 78 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Points out that the Commission’s practice of abandoning proceedings against cartels for actions contrary to commitments, under Article 9 of Regulation (EC) No 1/20031, substantially weakens, or undermines, the right of damage victims to bring actions; calls on the Commission, therefore, to bring all cartel and competition proceedings to a proper conclusion with a clear decision;