13 Amendments of Alexandra THEIN related to 2009/2169(INI)
Amendment 2 #
Motion for a resolution
Recital J
Recital J
J. whereas the instruments should be simple and avoid delay and unnecessary expense; whereas they must be available where appropriate ex parte, with ‘surprise effect’; whereas debtors' and alleged debtors' rights should be correspondingly safeguarded in order to avoid any misuse of the measures requested,
Amendment 3 #
Motion for a resolution
Annex – part 2 – recommendation 2
Annex – part 2 – recommendation 2
The European Parliament considers that the requested instruments should contain uniform jurisdictional rules specifying which national courts are competent to issue them. These uniform rules should take into account the fact that the court having substantive jurisdiction under Council Regulation (EC) No 44/2001 is generally best placed to deal with such orders. They should also take into account the stage reached in the main proceedings in the course of which the order is requested.
Amendment 4 #
Motion for a resolution
Annex – part 3 – recommendation 6
Annex – part 3 – recommendation 6
The European Parliament is of the opinion that it is essential to be able to obtain an EOPA ex parte, that is, without initial notice being served on the party whose assets are concan ex parte EOPA should not be possible. Such an order should not be possible until after an unappealable judgment has been deliverned. The order should be available before, during, and after the main proceedingsEuropean Parliament points in this connection to the European Court of Justice judgment of 21 May 1980 in Case 125/79.
Amendment 5 #
Motion for a resolution
Annex – part 3 – recommendation 8
Annex – part 3 – recommendation 8
The European Parliament is of the opinion that precise information concerning the debtor or alleged debtor, as opposed tond actual bank account numbers, should be sufficient. Such information should be sufficient to prevent confusion in the case of homonym are necessary.
Amendment 6 #
Motion for a resolution
Annex – part 3 – recommendation 9
Annex – part 3 – recommendation 9
Amendment 7 #
Motion for a resolution
Annex – part 3 – recommendation 11 – paragraph 4
Annex – part 3 – recommendation 11 – paragraph 4
The European Parliament calls for detailed consideration to be given to the issue of who should bear the cost of processing an EOPA, including an examination of best practices at national and regional levethe creditor to be required to bear the cost of processing an EOPA, but for him to be able to demand reimbursement by the debtor, as part of the enforcement process, where a writ of execution is final.
Amendment 8 #
Motion for a resolution
Annex – part 3 – recommendation 12 – paragraph A
Annex – part 3 – recommendation 12 – paragraph A
A. When requested prior tobefore a judgment establishing athe debt becomes enforceable, the granting of an EOPA should be conditional on the claimant providing security or other guarantees at the discretion of the initiating court, in order to compensate the defendant and any third parties for any damage incurred. The defendant should be able to terminate the EOPA by providing security. Member States should ensure that these provisions do not constitute a barrier to access to those with limited financial means.
Amendment 9 #
Motion for a resolution
Annex – part 3 – recommendation 12 – paragraph B
Annex – part 3 – recommendation 12 – paragraph B
Amendment 10 #
Motion for a resolution
Annex – part 3 – recommendation 12 – paragraph D
Annex – part 3 – recommendation 12 – paragraph D
Amendment 11 #
Motion for a resolution
Annex – part 4 – recommendation 13 – paragraph 1
Annex – part 4 – recommendation 13 – paragraph 1
The European Parliament considers that it should only be possible to seek the order at least following a judgment establishing a debt. The Commission should consider whether the order should be available at an earlier stage in the proceedings, for instance when the court having jurisdiction on the substance considers that there is a real risk that its judgment would not be satisfied, and what corresponding safeguards should be put in place.
Amendment 12 #
Motion for a resolution
Annex – part 4 – recommendation 13 – paragraph 2
Annex – part 4 – recommendation 13 – paragraph 2
The European Parliament further considers that each Member State should be required to decide which authority or authoritiecourt or courts are competent to initiate an EODA. Such designated authorities would be able to issue EODAs on a case-by-case basis, taking into account the circumstances of each case.
Amendment 13 #
Motion for a resolution
Annex – part 4 – recommendation 15
Annex – part 4 – recommendation 15
The European Parliament considers that only the court or authority which has initiated the EODA should be able to modify it or set it aside. Such an order should be enforceable throughout the EU without any intermediate measures being required.
Amendment 14 #
Motion for a resolution
Annex – part 4 – recommendation 16 – paragraph C
Annex – part 4 – recommendation 16 – paragraph C
C. Full payment of the debt shouldmust lead to the EODA being set asideimmediately set aside, including upon ex parte application by the debtor and proof of settlement of the debt.