Activities of Heide RÜHLE related to 2011/0373(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) PDF (690 KB) DOC (1 MB)
Amendments (10)
Amendment 127 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In the event of a complaint arising from the sale of goods or provision of services, customers should always first contact the entrepreneur or service- provider concerned in order to discuss their complaint and seek, at the initial stage, to solve the problem bilaterally. In many cases, consumer problems can thus be solved in advance.
Amendment 130 #
Proposal for a directive
Recital 3
Recital 3
(3) Alternative dispute resolution offers a simple, fast and low-cost out-of-court solution to disputes between consumers and traders which it has not previously proved possible to resolve bilaterally. However, alternative dispute resolution is not yet sufficiently developed across the European Union. In order for consumers to fully exploit its potential, it is necessary that alternative dispute resolution is available for all types of consumer disputes, quality levels of ADR procedures are even and consumers and traders are aware of such procedures. It is also necessary that ADR entities handle cross- border disputes effectively.
Amendment 165 #
Proposal for a directive
Recital 17
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. TSuch pressure should automatically be assumed to exist not only if the natural person in charge of dispute resolution is partly cofinanced by one of the parties: there is a particular need to ensure the absence of such pressure where ADR entities are financed solely by one of the parties to the dispute or solely by an organisation of which one of the parties is a member.
Amendment 223 #
Proposal for a directive
Article 2 – paragraph 1
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 a solution or brings the parties together with the aim of facilitating an amicable solution, hereinafter ‘ADR procedures’.
Amendment 229 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the traderone of the parties and which do not fulfil the criteria of Chapter II of this Directive;
Amendment 245 #
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) "contractual dispute" means a dispute arising from the sale of goods or provision of services which it has not proved possible to resolve bilaterally between the customer and the trader and/or service provider.
Amendment 387 #
Proposal for a directive
Article 16 – paragraph 2 – point e
Article 16 – paragraph 2 – point e
Amendment 388 #
Proposal for a directive
Article 16 – paragraph 2 – point g
Article 16 – paragraph 2 – point g
Amendment 389 #
Proposal for a directive
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
Amendment 395 #
Proposal for a directive
Article 17 – paragraph 5 – introductory part
Article 17 – paragraph 5 – introductory part
5. Every twohree years, each competent authority shall publish a report on the development and functioning of ADR entities. The report shall in particular: