2 Amendments of Jean-Paul GAUZÈS related to 2011/2089(INI)
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;