7 Amendments of Tiziano MOTTI related to 2011/0374(COD)
Amendment 63 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) It should also be taken into account that, despite the controversy, Member States whose national legislation goes beyond the core requirements of the Mediation Directive seem to have achieved important results in promoting the non-judicial treatment of disputes in civil and commercial matters; and that the results achieved, in particular in Italy, Bulgaria and Romania, show that mediation can help bring swift and effective extrajudicial resolution of disputes through processes that are tailored to the needs of the parties and safeguard consumers, which is of particular relevance in cases of electronic purchasing;
Amendment 75 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Commission shall establish a European online dispute resolution platform, (hereinafter ‘ODR platform’). Membership of the platform is desirable under the condition on the mandatory use of ADR in Member States whose legal systems the OECD considers to infringe the rights of applicants to a fair trial within a reasonable timescale.
Amendment 80 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Member States shall, in implementing this Regulation, establish instruments such as the admissibility condition, as governed by European Court of Justice guidance, for a transitional period of no fewer than 5 years from its entry into force, in order to ensure effective application of the principles of mediation and to promote a culture of mediation, while ensuring that both the parties at dispute must abide by it;
Amendment 96 #
Proposal for a regulation
Recital 6
Recital 6
(6) Being able to seek easy and low-cost dispute resolution can boost consumers' and traders' confidence in the digital market. Consumers and traders, however, still face barriers to finding out-of-court solutions in particular to their disputes arising from a cross-border online transaction. Thus, such disputes currently are often left unresolved. Certain Member States whose national legislation goes beyond the core requirements of the mediation directive appear to have made substantial progress in the non-judicial settlement of civil and commercial disputes. The results obtained indicate that mediation can contribute to cost- effective and rapid extrajudicial dispute settlement by means of procedures tailored to the needs of the parties and ensuring consumer protection.
Amendment 101 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 121 #
Proposal for a regulation
Recital 19
Recital 19
(19) The right to an effective remedy and the right to a fair trial are fundamental rights guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union. Online dispute resolution procedures cannot be designed to replace court procedures and should not deprive consumers or traders of their rights to seek redress before the courts. Nothing in this Regulation should, therefore, prevent parties from exercising their right of access to the judicial system. Member States should, in implementing the Directive, provide for instruments such as the condition of admissibility, governed by the rulings of the Court of Justice of the European Union, also for a transitional period of no less than five years from its entry into force, to ensure that its principles are genuinely applied and to promote the mediation culture, ensuring that both litigants at least have to adhere to it. It would be desirable for the use of ADR to be made compulsory in those Member States in which the legal system has been recognised by the OECD as being prejudicial to the rights of claimants to a fair trial within a reasonable time.
Amendment 124 #
Proposal for a regulation
Recital 22
Recital 22
(22) Traders should inform consumers on their websites about the ODR platform and provide an electronic link to its homepage. They should also provide such information when a consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or a company ombudsman. This obligation should be without prejudice to Article 10(1)-(3) of Directive .…/…/EU [Office of Publications insert reference number] concerning the information of consumers by traders about the ADR procedures by which those traders are covered and about whether or not they commit to use alternative dispute resolution procedures to resolve disputes with consumers. Furthermore, this obligation should be without prejudice to Articles 6(1)(t) and 8 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. Article 6(1)(t) of Directive 2011/83/EU stipulates for consumer contracts concluded at a distance or off premises that the trader has to inform the consumer about the possibility of having recourse to an out-of- court complaint and redress mechanism to which the trader is subject, and the methods for having access to it, before the consumer is bound by the contract. Member States should provide for penalties for any party or parties which, for their own ends and without any justified objective reason, refuse to accept the procedure, thereby forcing consumers to forego their claims or face substantial costs, which could easily be borne by the supplier, thus creating a clear imbalance.