6 Amendments of Raffaele BALDASSARRE related to 2009/0054(COD)
Amendment 1 #
Proposal for a directive
Recital 18
Recital 18
18. This Directive should prohibit abuse of freedom of contract to the disadvantage of the creditor. Where an agreement contract term or practice mainly serves the purpose of procuring the debtor additional liquidity at the expense of the creditor , for example through the exclusion of the possibility for the creditor to charge interest for late payment or specifying an interest rate for late payment which is substantially lower than the statutory interest provided for in this Directive, or where the main contractor imposes on his suppliers and subcontractors terms of payment which are not justified on the grounds of the terms granted to himself , these may be considered to be factors constituting such an abuse. In accordance with the academic Draft Common Frame of Reference, any contract term or practice grossly deviating from good commercial practice, contrary to good faith and fair dealing should be considered unfair. This Directive should not affect national provisions relating to the way contracts are concluded or regulating the validity of contractual terms which are unfair to the debtor.
Amendment 2 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters1 already sets a framework for systems of mediation at Union level. __________________ 1 OJ L 136, 24.5.2008, p. 3.
Amendment 3 #
Proposal for a directive
Article 6 – title and paragraph 1 – subparagraph 1
Article 6 – title and paragraph 1 – subparagraph 1
Grossly unfair contractual clauses Unfair contract terms and practices 1. Member States shall provide that a clauseterm in a contract or a practice relating to the date or period for payment, the rate of interest for late payment or compensation for recovery costs shall either be unenforceable orand shall give rise to a claim for damages if it is grossly unfair to the creditor. In determining whether a clause is grosslyterm or practice is unfair to the creditor, within the meaning of subparagraph 1, all circumstances of the case shall be considered, including good commercial practice and: (a) any gross deviation from good commercial practice, contrary to good faith and fair dealing; (b) the nature of the product or the service. Account shall also be taken of; and (c) whether the debtor has any objective reason to deviate from the statutory rate of interest or from Article 3(2)(b), Article 4(1) or Article 5(2)(b). (The deletion of the word "grossly [unfair]", the introduction of the word "term" and the introduction of the word "practice" apply throughout the text. Adopting this amendment will necessitate corresponding changes throughout.)
Amendment 4 #
Proposal for a directive
Article 9 – paragraphs 1 and 2
Article 9 – paragraphs 1 and 2
1. Member States shall ensure that an enforceable title can be obtained, through an expedited procedure and irrespective of the amount of the debt, within 90 calendar days of the lodging of the creditor's action or application at the court or other competent authority, provided that the debt or aspects of the procedure are not disputed. 2. National legislation, regulations and administrative provisionsThis duty shall be carried out by Member States in conformity with their respective national legislation, regulations and administrative provisions. In this respect, creditors shall be given the possibility to have recourse to a widely accessible online claims system. 2. National legislation, regulations, administrative provisions and the online claims system referred to in paragraph 1 shall apply the same conditions for all creditors who are established in the Community.
Amendment 5 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Mediation and Codes of Good Conduct 1. Members States shall promote the adoption of systems to solve conflicts though mediation, involving inter alia the organisations referred to in Article 6(3). 2. Member States and the organisations referred to in Article 6(3), with the support of the Commission, shall draw up and disseminate codes of good conduct with appropriate complaints mechanisms, negotiated at national or Union level, and designed to contribute to the proper implementation of this Directive.
Amendment 16 #
Proposal for a directive
Recital 22
Recital 22
(22) It is necessary to ensure that the recovery procedures for unchallenged claims related to late payment in commercial transactions be completed within a short period of time, with the option of pursuing such claims against businesses and public authorities through a widely accessible online procedure, available under the same conditions for all creditors established in the Union, including, without delay, through the European e-Justice portal as and when it becomes available.