Activities of Jacqueline FOSTER related to 2018/0089(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC
Amendments (18)
Amendment 24 #
Proposal for a directive
Recital 7
Recital 7
Amendment 32 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers in case of mass harm, while ensuring appropriate safeguards to avoid abusive litigation.
Amendment 36 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law listed in Annex I that harm or maydoes or is likely to do mass harm to the collective interests of consumers. It shall apply to domestic and cross-border infringementsinfringements with a Union dimension, including where those infringements have ceased before the representative action has started or before the representative action has been concluded.
Amendment 39 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Directive shall not apply to Union law under revision as listed in Annex III (new).
Amendment 42 #
Proposal for a directive
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) ‘Mass harm’ means a widespread infringement with a Union dimension by traders of provisions of the Union law listed in Annex I that harm or may harm the collective interest of a considerable number of consumers;
Amendment 43 #
Proposal for a directive
Article 3 – paragraph 1 – point 6 b (new)
Article 3 – paragraph 1 – point 6 b (new)
(6b) ‘widespread infringement with a Union dimension’ means a widespread infringement that has done, does or is likely to do harm to the collective interests of consumers in at least two-thirds of the Member States, accounting, together, for at least two-thirds of the population of the Union.
Amendment 52 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
In order to seek injunction orders, qualified entities shall not have to obtain the mandate of the individual consumers concerned or provide proof of actual loss or damage on the part of the consumers concerned or of intention or negligence on the part of the trader.
Amendment 59 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State mayshall require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued.
Amendment 60 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The qualified entity shall provide sufficient information as required under national law to support the action, including a description of the consumers concerned by the action and the questions of fact and law to be resolved and a demonstration that the claim procedure has been exhausted where consumers rights are protected by pre-defined claim-based regulations.
Amendment 61 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By derogation to paragraph 1, Member States may empower a court or administrative authority to issue, instead of a redress order, a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement of UnMember States shall ensure that qualified entities can only lawfully receive the mandate from an individual consumer, after the qualified entity has fully informed those individual consumers in writing about: (i) all relevant aspects of the collective procedure; (ii) the possibility for consumers to first claim directly with the trader without intervention of the qualified entity or represented by their lawyer or another representative allowed by national law listed in Annex I, in duly justified cases where, due to the characteristics of the individual harm to the consumers concerned the quantification of individual redress is complex; and (iii) any available options for individual recourse, including those under the Directive2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution.
Amendment 62 #
Proposal for a directive
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
Amendment 63 #
Proposal for a directive
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
Amendment 65 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The information to be provided by the qualified entities further to article 6.2.ii shall include the following: (i) the identity of the qualified entity and its legitimate interest in the relevant provisions of Union law; (ii) all possible steps of the collective procedure and their expected duration; (iii) ways or the lack thereof for the involved consumers to influence the decisions of the qualified entity with regard to the collective procedure individually or collectively; (iv) clear information on any costs related to the collective procedure which may be charged to or withheld in any way from the individual consumers, including a calculation example of how such costs may impact the possible compensation or other form of redress which individual consumers may receive; and (v) detailed information on how and when the individual consumers will receive their compensation or other form of redress in case the collective procedure proves to be successful.
Amendment 75 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 77 #
Proposal for a directive
Annex I – point 10
Annex I – point 10
Amendment 79 #
Proposal for a directive
Annex I – point 15
Annex I – point 15
Amendment 84 #
Proposal for a directive
Annex II a (new)
Annex II a (new)
ANNEX III LIST OF UNION LAW REFERRED TO IN ARTICLE 2(4)
Amendment 85 #
Proposal for a directive
Annex II b (new)
Annex II b (new)
(1) Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. I).