BETA

13 Amendments of Dimitar STOYANOV related to 2011/0373(COD)

Amendment 66 #
Proposal for a directive
Recital 14 а (new)
(14а) The competence of ADR entities in disputes between consumers and traders should be determined by the domicile or normal place of residence of the parties within the territory of a Member State. The parties should be free to choose an ADR entity to resolve a dispute, on the basis of a binding or non-binding solution or by cooperating with them to achieve a mutually acceptable agreement, on the territory of another Member State if to do so does not breach the rules of that Member State.
2012/05/09
Committee: JURI
Amendment 69 #
Proposal for a directive
Recital 17
(17) The natural persons in charge of alternative dispute resolution should only be considered impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute. There is a particular need to ensure the absence of such pressure where ADR entities are financed by one of the parties to the dispute or an organisation of which one of the parties is a member. In that event, the natural persons themselves should step down, failing which they would be liable to professional, administrative, civil or criminal sanctions in accordance with the laws of the Member State in which the case is being conducted.
2012/05/09
Committee: JURI
Amendment 83 #
Proposal for a directive
Article 2 – paragraph 1
1. This Directive shall apply to procedures for the out-of-court resolution of contractual disputes arising from the sale of goods or provision of services by a trader established in the Union to a consumer resident in the Union through the intervention of a dispute resolution entity which proposes or imposes adelivers adjudication in the form of a binding or non-binding solution or brings the parties together with the aim of facilitating an amicable solution, mediating a mutually acceptable agreement, hereinafter ‘ADR procedures’.
2012/05/09
Committee: JURI
Amendment 89 #
Proposal for a directive
Article 5 – paragraph 2 – point а
а) have a website enabling the parties to submit a complaint online, and that website shall be functionally linked to the European online dispute resolution platform in accordance with Regulation (EU) No [...]/2012 of the European Parliament and of the Council of [...] [on online dispute resolution for consumer disputes];
2012/05/09
Committee: JURI
Amendment 93 #
Proposal for a directive
Article 6 – paragraph 1 – point с
(c) have no conflict of interest with either party to the dispute, and that if such a conflict of interest exists the persons in charge of the alternative dispute resolution shall be obliged to step down.
2012/05/09
Committee: JURI
Amendment 112 #
Proposal for a directive
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that in ADR procedures which aim at resolving the dispute by suggesting a solution or laying down a binding or non-binding solution:
2012/05/09
Committee: JURI
Amendment 113 #
Proposal for a directive
Article 9 – paragraph 2 – point а
(а) the consumer, before agreeing to a suggested solution procedure or draft solution, is informed that:
2012/05/09
Committee: JURI
Amendment 114 #
Proposal for a directive
Article 9 – paragraph 2 – point а – point i
(i) he has the choice as to whether or not to agree to a suggested procedure or solution;
2012/05/09
Committee: JURI
Amendment 115 #
Proposal for a directive
Article 9 – paragraph 2 – point а – point ii
(ii) the suggested solutionresult of the procedure may be less favourable than an outcome determined by a court applying legal rules;
2012/05/09
Committee: JURI
Amendment 116 #
Proposal for a directive
Article 9 – paragraph 2 – point а – point iii
(iii) before agreeing or rejecting the suggested solution procedure or draft solution he has the right to seek independent advice;
2012/05/09
Committee: JURI
Amendment 117 #
Proposal for a directive
Article 9 – paragraph 2 – point b
(b) the parties, before agreeing to a suggested solution procedure or draft solution, are informed of the legal effect of such agreement;
2012/05/09
Committee: JURI
Amendment 118 #
Proposal for a directive
Article 9 – paragraph 2 – point с
(c) the parties, before expressing their consent to a suggested solution or amicable agreementprocedure or draft solution, are allowed a reasonable period of time to reflect.
2012/05/09
Committee: JURI
Amendment 129 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2 – point е
(e) the need for the physical presence of the parties or of their representatives, if applicable, with an indication of the options for settling the dispute without the physical presence of the parties or of their representatives if they are domiciled or normally resident in different Member States; and
2012/05/09
Committee: JURI