6 Amendments of Werner LANGEN related to 2011/2089(INI)
Amendment 5 #
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s work towards a coherent European approach to collective redress (CR); calls on the Commission to further clarify the need for EU measures vis-à-vis the principle of subsidiarity and as regards the impact in particular for SMEs and, if any measures are proven necessary, to pay particular attention to consumer and SME protection;
Amendment 9 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that redress disputes are often related to different industrial sectors and areas of legislation; warns, therefore, against a sector-specific approach which would complicate access for consumers or SMEs to jurisdiction and lead to a fragmentation of national procedural laws; prefers a horizontal instrument to sector-specific action;
Amendment 12 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Takes the view that the scope of any EU action on collective redress should firstly apply to a limited law area, such as in the field of competition and clearly identified consumer protection laws;
Amendment 13 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Believes that any EU instrument on collective redress can only apply to infringements of EU law and should require the participation of plaintiffs from different Member States;
Amendment 24 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that, moreover, safeguards must be created, as follows: – the applicants must be identified before the claim is brought (‘opt-in procedure’); a representative body may bring an action only on behalf of a group clearly identified in this way; an opt-out system has on the other hand to be rejected on the grounds that it violates the rights of any victim who might participate in the procedure unknowingly and yet would be bound by the court’s decision; this would be contrary to the procedural rights of the individual laid down in the Constitutions of many Member States; – the procedural costs and hence the risk involved in legal action are to be borne by the party which loses the case; it is a matter for the Member States to lay down rules on the allocation of costs in this context; – it is not desirable for procedures to be prefinanced by third parties, for example by claimants agreeing to surrender to third parties possible subsequent entitlements to compensation; – each claimant must prove his claim; an obligation to disclose documents must be rejected at European level;
Amendment 25 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Expresses its concern as to whether the Union legislature has a sufficient legal basis to regulate the aforementioned safeguards;