6 Amendments of Tadeusz ZWIEFKA related to 2018/0089(COD)
Amendment 44 #
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers in the cross-border cases, to seek remedy through representative actions against widespread cross-border infringements of provisions of Union law. The qualified entitie, which are common to at least 100 consumers in at least 2 Member States. The qualified entities that have received specific and exclusive mandates from consumers should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress, such as compensation, repair or price reduction as available under national laws.
Amendment 92 #
Proposal for a directive
Recital 11
Recital 11
(11) IOnly independent public bodies and consumer organisations in particular should play an active role in ensuring compliance with relevant provisions of Union law and are all well placcan be allowed to act as qualified entities. Since these entities have access to different sources of information regarding traders' practices towards consumers and hold different priorities for their activities, Member States should be free to decide on the types of measures that may be sought by each of these qualified entities in representative actions.
Amendment 158 #
Proposal for a directive
Recital 30
Recital 30
(30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlementThe settlement precludes any additional individual or collective rights for redress of consumers that have specifically and exclusively mandated the collective action.
Amendment 173 #
Proposal for a directive
Recital 35
Recital 35
(35) Actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed consumers under this Directive should not be hindered by national rules on limitation periods. The submission of a representative action shall have the effect of suspending or interrupting the limitation periods for any redress actions for the consumers concerned by this, who have given their specific and exclusive mandate to a qualified entity to be represented in such an action.
Amendment 183 #
Proposal for a directive
Recital 39
Recital 39
(39) Having regard to the fact that representative actions pursue a public interest by protecting the collective interests of consumers, Member States should ensure that qualified entities are not prevented from bringing representative actions under this Directive because of the costs involved with the procedures. However, subject to the relevant conditions under national provisions, this should be without prejudice to the fact that the party that loses a representative action reimburses necessary legal costs borne by the winning party (‘loser pays principle’). The unsuccessful party should bear the costs of the proceedings. However, the court or administrative authority should not award costs to the successful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.
Amendment 238 #
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘representative action’ means an action for the protection of the collective interests of consumers to which the consumers concerned are not parties and to which they gave the qualified entity their specific and exclusive mandates;