BETA

16 Amendments of Jacques TOUBON related to 2008/2233(INI)

Motion for a resolution
Recital A a (new)

Aa. whereas, in accordance with the principles of subsidiarity and proportionality, the adoption of a Community instrument in the field of judicial cooperation in civil matters having cross-border implications can only be considered if it can be shown that on a national level it is impossible to remove an obstacle preventing the establishment of the internal market,

2009/01/27
Committee: JURI

Motion for a resolution
Recital C

C. whereas, in plain terms, ~~recalcitrant debtors are~~debt recovery is a major problem, which is made worse where claims are cross-border in nature, particularly for small businesses which do not have specialised lawyers or dedicated debt-collection departments at their disposal and are often placed in the invidious position of having to commit staff, scarce financial resources and, above all, time to this problem rather than to productive activities,

2009/01/27
Committee: JURI

Motion for a resolution
Recital D

D. whereas there is a serious problem in cases involving recalcitrant debtors who are less than scrupulous in honouring their civil obligations, e.g. individuals who have taken or retained assets to which they are not entitled, or who have defaulted on their commercial arrangements; whereas such individuals often hold substantial assets in different entities, nominees and trusts and successful enforcement cannot be obtained without the requisite information; whereas it is often necessary to obtain such information without alerting the recalcitrant debtor who will often be in a position to remove assets to another jurisdiction at short notice,deleted

2009/01/27
Committee: JURI

Motion for a resolution
Recital D a (new)

Da. whereas the adoption of Community legislation concerning the effective enforcement of judgments must apply to all debtors without a distinction being made in advance between debtors acting in good or in bad faith,

2009/01/27
Committee: JURI

Motion for a resolution
Recital E

E. whereas, in addition, certain sovereign States are known not to honour arbitration awards or judgments handed down by the courts of another State, with the result that "vulture funds" have emerged which acquire this sovereign debt at a much reduced figure and then seek to make a profit from enforcement; whereas it would be better and fairer to give the original creditors the means to obtain redress themselves,deleted

2009/01/27
Committee: JURI

Motion for a resolution
Recital F

F. whereas there are few States which have no assets at all outside their own borders and whereas, if the debtor has no hope of obtaining enforcement in the State concerned, then the only effective redress is through courts abroad, including the courts of the European Union,deleted

2009/01/27
Committee: JURI

Motion for a resolution
Recital G

G. whereas any Community action to make information available needs to be considered in the context of these types of cases, in which lack of information causes serious injustice; whereas, unless there is information available to the creditor about the assets of a ~~recalcitrant~~ debtor which may be taken in enforcement of a judgment, the creditor will not be able to enforce it,

2009/01/27
Committee: JURI

Motion for a resolution
Paragraph 1

1. Agrees with the Commission that cross- border debt recovery through enforcement of judicial decisions is a major internal market problem, but considers that none of the solutions mooted by the Commission will help with the most difficult problem, that of recalcitrant debtors who are unscrupulous in honouring their civil obligations and have the means at their disposal to evade them;

2009/01/27
Committee: JURI

Motion for a resolution
Paragraph 5

~~5. Considers that the question of improving access to commercial registers can be dealt with under the e-Justice programme, provided that the right to privacy, including data protection, is protected;~~deleted

2009/01/27
Committee: JURI

Motion for a resolution
Paragraph 11

~~11. Stresses that in any event, in the case of recalcitrant debtors, creditors will probably have to have recourse to inquiry agents and access to public registers will not be of much assistance;~~deleted

2009/01/27
Committee: JURI

Motion for a resolution
Paragraph 14

14. Considers that there is no need for Community action in this area, a~~lthough the Community could encourage Member States which do not provide for debtor's declarations to make provision in their legislation for effective instruments of this nature~~s long as it is not proved that the Member States' existing instruments are not efficient;

2009/01/27
Committee: JURI

Motion for a resolution
Paragraph 15

~~15. Urges that any European assets declaration should be additional to and not replace existing national instruments;~~deleted

2009/01/27
Committee: JURI

Motion for a resolution
Paragraph 16

~~16. Argues that the assets to be disclosed in such a declaration should not be limited to those located in the European Union, but should extend to assets held worldwide;~~deleted

2009/01/27
Committee: JURI

Motion for a resolution
Paragraph 19

19. Believes that in small cases, particularly where legal costs could otherwise be prohibitive, justice delayed is justice denied and that, in larger cases, it can be the absence of information about assets which proves to be the greatest obstacle; ~~considers therefore that recourse to provisional measures orders can provide a neat solution in both types of cases;~~

2009/01/27
Committee: JURI

Motion for a resolution
Paragraph 20

20. Suggests that serious consideration be given to the idea of introducing a form of Community provisional measure additional those of national courts; considers that this could take the form of a simple, flexible procedure which could be given effect to throughout the EU, thereby avoiding delay and unnecessary expense; takes the view that it would also be effective and fair to non parties;deleted

2009/01/27
Committee: JURI

Motion for a resolution
Paragraph 21

~~21. Proposes that such a measure should apply to arbitration claims as well and could also be taken into account in the context of the forthcoming review of the Brussels I Regulation;~~deleted

2009/01/27
Committee: JURI