Activities of Klaus-Heiner LEHNE related to 2011/0204(COD)
Legal basis opinions (0)
Amendments (15)
Amendment 64 #
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
ca) testamentary and inheritance law.
Amendment 65 #
Proposal for a regulation
Article 2 – paragraph 2 – point c b (new)
Article 2 – paragraph 2 – point c b (new)
cb) property claims arising out of a matrimonial relationship or a relationship deemed by the law applicable to such relationship to have comparable effects to marriage;
Amendment 68 #
Proposal for a regulation
Article 4 – point 7
Article 4 – point 7
7. "claim" means an existing due claim for payment of a specific or determinable sum of money;
Amendment 71 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
b) that without the issue of the order the subsequent enforcement of an existent or future title against the defendant is likely to be impeded or made substantially more difficult, including because there is the immediate real risk that the defendant might remove, dispose of or conceal assets held in the bank account or accounts to be preserved.
Amendment 73 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
b) the name and address, address, date of birth and, if possible, national identity card or passport number of the defendant, and, where applicable, the defendant'’s representative;
Amendment 78 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where tThe competent court considers that it cannot issue the EAPO without additional evidence, it may admit such evidence in the form of written statements of witnesses or expertsshall hear evidence using the most suitable method provided for under the national law of the Member State concerned.
Amendment 82 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Exemption from the requirement to provide a security deposit or assurance In exceptional cases the competent court may exempt the claimant from the requirement to provide a security deposit or an assurance in accordance with Article 12 if it considers this superfluous, in particular on account of the claimant’s circumstances.
Amendment 85 #
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
b) the name and address, address, date of birth and, if possible, national identity card or passport number of the defendant, and, where applicable, the defendant'’s representative;
Amendment 86 #
Proposal for a regulation
Article 16 – point a
Article 16 – point a
a) the full name of the defendantwhere the defendant is a natural person, his or her full name and, if possible, date of birth or national identity card or passport number,
Amendment 89 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where the claimant does not dispose of all the account information required pursuant to Article 16, that claimant may, following the commencement of proceedings on the substance of the matter, request that the competent authority of the Member State of enforcement obtain the necessary information in order to identify the debtor’s bank account or accounts. Such request shall be made in the application for an EAPO.
Amendment 94 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. In cases referred to in Article 5(1), tThe cCourt shall issue the EAPO within 7 calendar days ofout undue delay after the lodging of the application at the latest.
Amendment 95 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 96 #
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
Amendment 105 #
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. Where the review is justified on one of the grounds laid down in paragraph 1, the court shall give its decision setting aside or modifying the EAPO accordingly, within 30 calendar days at the latest from the service of the application to the claimantout undue delay.
Amendment 106 #
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
7. If the application is justified, the court shall give its decision setting aside or modifying the EAPO accordingly, within 30 calendar days at the latest from the service of the application to the claimantout undue delay.