8 Amendments of Kerstin WESTPHAL related to 2018/0089(COD)
Amendment 41 #
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress, such as compensation, repair or, price reduction, replacement, shipment, supply or updates as available under national laws.
Amendment 45 #
Proposal for a directive
Recital 3
Recital 3
(3) A representative action should offer an effective and efficient way of protecting the collective interests of consumers. It should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of Union law and to overcome the obstacles faced by consumers within individual actions with regard to their generally weaker position, such as the uncertainty about their rights and available procedural mechanisms, psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action.
Amendment 65 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Qualified entities should have no structural or financial interrelationship with a third person or organisation that financially benefits of the action by providing legal assistance or financial support.
Amendment 113 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) Within their capacities, qualified entities, competent courts and authorities should inform consumer organisations and the press about ongoing representative action and its decisions.
Amendment 118 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34 a) Members States should ensure that individuals are allowed to apply for a suspension of their own action for redress until the final decision of a corresponding representative action.
Amendment 153 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point a a (new)
Article 4 – paragraph 1 – subparagraph 2 – point a a (new)
(a a) it is registered in a Member States of the European Union;
Amendment 162 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) it has no structural or financial interrelationship with a third person or organisation that financially benefits of the action by providing legal assistance or financial support.
Amendment 271 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Member States shall ensure that, within their capacities, qualified entities, competent courts and authorities inform consumer organisations and the press about ongoing representative action and its decisions.