5 Amendments of Alexandra THEIN related to 2011/0204(COD)
Amendment 70 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. An EAPO shall be issued in the amount for which it is sought or a part thereof where the claimant submits relevant facts, reasonably corroborated by evidence, towhich make a prima facie case and which satisfy the court of both of the following:
Amendment 72 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a
Article 7 – paragraph 1 – subparagraph 1 a
With a view to making a prima facie case, the applicant may use all forms of evidence admissible in the Member State concerned, including an affirmation in lieu of an oath.
Amendment 75 #
Proposal for a regulation
Article 8 – paragraph 2 – point h
Article 8 – paragraph 2 – point h
h) a list of the supporting documents and evidence provided or offered to be provided by the claimant and/or an affirmation in lieu of an oath;
Amendment 80 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Liability of the claimant 1. The claimant shall be liable for any damage caused to the defendant as a result of the setting aside or modification of an EAPO, the suspension of the enforcement of an EAPO or the claim being deemed unfounded during proceedings on the substance of the matter. 2. The courts of the Member State in which the EAPO was set aside or modified shall establish the extent of the damage referred to in paragraph 1.
Amendment 84 #
Proposal for a regulation
Article 13
Article 13
Where an application for an EAPO is made prior to the initiation of proceedings on the substance, the claimant shall initiate such proceedings within 30 daysone week of the date of issue of the order or within any shorter time period set by the issuing court, failing which the order shall be revocable in accordance with point (b) of Article 34(1) or Article 35(2).