BETA

12 Amendments of Geoffroy DIDIER related to 2022/0302(COD)

Amendment 207 #
Proposal for a directive
Article 4 – paragraph 1 – point 3
(3) ‘component’ means any item, whether tangible or intangible, or any related service, that is integrated into, or inter-connected with, another product by the manufacturer of that product or by a third party within that manufacturer’s control;
2023/05/04
Committee: IMCOJURI
Amendment 217 #
Proposal for a directive
Article 4 – paragraph 1 – point 5
(5) ‘manufacturer’s control’ means that the manufacturer of a product authoriseinstructs a) the integration, inter-connection or of a component into the product, the inter-connection of a component with the product with the product or the supply by a third party of a component including software updates or upgrades, or b) the modification of the product;
2023/05/04
Committee: IMCOJURI
Amendment 241 #
Proposal for a directive
Article 4 – paragraph 1 – point 10
(10) ‘putting into service’ means the first use by the end user of a product in the Union in the course of a commercial activity, whether in return for payment or free of charge, in circumstances in which the product has not been placed on the market prior to its first use;
2023/05/04
Committee: IMCOJURI
Amendment 278 #
Proposal for a directive
Article 6 – paragraph 1 – point b
(b) the reasonably foreseeable use and misuse of the product;
2023/05/04
Committee: IMCOJURI
Amendment 286 #
Proposal for a directive
Article 6 – paragraph 1 – point d
(d) the effect on the product of otherinterconnected products that can reasonably be expected to be used together with the product;
2023/05/04
Committee: IMCOJURI
Amendment 291 #
Proposal for a directive
Article 6 – paragraph 1 – point f
(f) product safety requirements under Union and national law, including safety- relevant cybersecurity requirements;
2023/05/04
Committee: IMCOJURI
Amendment 292 #
Proposal for a directive
Article 6 – paragraph 1 – point g
(g) any interventionrelevant recall of the product decided by a regulatory authority or by an economic operator referred to in Article 7 relating to product safety;
2023/05/04
Committee: IMCOJURI
Amendment 340 #
Proposal for a directive
Article 8 – paragraph 1
1. Member States shall ensure that national courts are empowered, upon request of an injured person claiming compensation for damage caused by a defective product (‘the claimant’) who has presented facts and evidence sufficient to support the plausibility of the claim for compensation, to order the defendant to disclose relevant evidence that is at its disposal provided such disclosure is necessary to preserve or establish facts upon which the success of the claim may depend.
2023/05/04
Committee: IMCOJURI
Amendment 363 #
Proposal for a directive
Article 9 – paragraph 2 – point a
(a) the defendant has failed to comply with an obligation to disclose relevant evidence at its disposal pursuant to Article 8(1) unless such failure is justified by a legitimate reason;
2023/05/04
Committee: IMCOJURI
Amendment 364 #
Proposal for a directive
Article 9 – paragraph 2 – point b
(b) the claimant establishes that the product does not comply with mandatory safety requirements laid down in Union law or national law that are intended to protect against the risk of the damage that has occurredoccurrence of the damage suffered by the injured party; or
2023/05/04
Committee: IMCOJURI
Amendment 368 #
Proposal for a directive
Article 9 – paragraph 2 – point c
(c) the claimant who has complied with the product's use and maintenance instructions establishes that the damage was caused by an obvious malfunction of the product which is not attributable to a lack of maintenance, a violation of the product's instructions and the faulty intervention of a third party during normal use or under normal ordinary circumstances of use.
2023/05/04
Committee: IMCOJURI
Amendment 377 #
Proposal for a directive
Article 9 – paragraph 4
4. Where a national court judges that the claimant faces excessive difficulties, due to technical or scientific complexity, to prove the defectiveness of the product or the causal link between its defectiveness and the damage, or both, the defectiveness of the product or causal link between its defectiveness and the damage, or both, shall be presumed where the claimant has demonstrated, on the basis of sufficiently relevant evidence, that: (a) the product contributed to the damage; and (b) it is likely that the product was defective or that its defectiveness is a likely cause of the damage, or both. The defendant shall have the right to contest the existence of excessive difficulties or the likelihood referred to in the first subparagraph.deleted
2023/05/04
Committee: IMCOJURI