BETA

7 Amendments of Othmar KARAS related to 2008/2154(INI)

Amendment 32 #
Motion for a resolution
Paragraph 5 a (new)
5a. Stresses that opting for one claim instrument must exclude the others, so that multiple claims cannot be brought against a defendant and the possibility of repeatedly changing the type of procedure is ruled out;
2008/11/18
Committee: ECON
Amendment 33 #
Motion for a resolution
Paragraph 6
6. Takes the view that the Member States, in accordance with Article 3 of Directive 98/27/EC of the European Parliament and the Council of 19 May 1998 on injunctions for the protection of consumer interests1 , should as a general rule give the power to prosecute in representative actions to qualified entities, and that authorisations to pursue such actions should primarily be considered for associations which arrange for actions in law for damages for companies;deleted
2008/11/18
Committee: ECON
Amendment 53 #
Motion for a resolution
Paragraph 10
10. Stresses that collective claimants must not be in a better position than individual claimants, and calls for application in the context of collective law enforcement mechanisms of the principle that the party bringing the infringement claim must provide evidence for their claim, provided the national law in question does not provide for any lightening of the burden of proof;
2008/11/18
Committee: ECON
Amendment 56 #
Motion for a resolution
Paragraph 11
11. Calls for the Commission to be obliged, in the follow-up to an investigation by the authorities, to allow victims of competition infringements full access to Commission documents, and stresses that ac to the extent that this is necessary to documents can only be denied where interests of the defendant or third parties that are pressingly in need of protection would thereby be endangeredenable the victim to prosecute and that no compelling interests of the defendant or third parties speak against it;
2008/11/18
Committee: ECON
Amendment 58 #
Motion for a resolution
Paragraph 11 a (new)
11a. Stresses that, when the authorities grant access to documents, particular attention must be paid to protecting the business and company secrecy of the defendant or third parties;
2008/11/18
Committee: ECON
Amendment 71 #
Motion for a resolution
Paragraph 16 a (new)
16a. rejects the rule of rebuttable presumption proposed by the Commission, whereby the harm is presumed to be passed on in its entirety to the indirect purchaser, which involves the risk that the defendant will be held liable on a number of counts and which is not sufficiently secure in practice;
2008/11/18
Committee: ECON
Amendment 79 #
Motion for a resolution
Paragraph 19 a (new)
119a. Stresses that, despite the importance of the application for leniency programme, exemption of cooperative witnesses from joint and several liability is contrary to the system and as such is categorically rejected as prejudicial to many damage victims; Or. de OJ L 1, 4.1.2003, p. 1.
2008/11/18
Committee: ECON