13 Amendments of Philippe JUVIN related to 2011/0373(COD)
Amendment 143 #
Proposal for a directive
Recital 8
Recital 8
(8) The definition of ‘consumer’ should cover natural persons who are acting outside their trade, business, craft or profession. However, if the contract is concluded for purposes partly within and partly outside the person's trade (dual purpose contracts) and the trade purpose is so limited as not to be predominant in the overall context of the supply, that person should also be considered as a consumer.
Amendment 148 #
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should not apply to procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader nor to procedures before consumer compliant handling systems operated by the trader. It should not apply nor to direct negotiations between the parties. Furthermore, it should not apply to attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute.
Amendment 153 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) This Directive should not apply to procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader unless a number of conditions are met to ensure appropriate independence and impartiality of the natural person in charge of the dispute resolution.
Amendment 155 #
Proposal for a directive
Recital 13
Recital 13
(13) Member States should ensure that disputes covered by this Directive can be submitted to an ADR entity fulfilling the requirements set out in this Directive and which has been notified to the European Commission in accordance with article 17(2) of the present Directive . Member States should have the possibility to fulfil this obligation by relying on existing ADR entities and adjusting their scope of application, if needed, or by providing for the creation of new ADR entities. This Directive should not oblige Member States to create a specific ADR entity in each retail sector. Member States should have the possibility to provide for the creation of a residual ADR entity that deals with disputes for the resolution of which no specific entity is competent.
Amendment 231 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader, unless these entities comply with the general requirements of Chapter II in accordance with Article 17, and if the following additional conditions are met: - the natural persons in charge of dispute resolution are hierarchically independent from the trader and cannot be subject to instructions given by the trader; - the remuneration of the natural persons in charge of dispute resolution is not subject to the outcome of the dispute resolution procedure; - the natural persons in charge of dispute resolution must not have worked for the trader concerned during the three years prior to assuming the post. - the dispute resolution entity is subjected to an annual evaluation by the competent authority of the Member State where it is established regarding compliance with the principles laid down in this Directive;
Amendment 249 #
Proposal for a directive
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) ‘ADR entity’ means any entity, however named or referred to, which is established on a durable basis and, offers the resolution of a dispute through an ADR procedure, and has been notified to the European Commission in accordance with article 17(2) of the present Directive;
Amendment 259 #
Proposal for a directive
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
(a a) inform the consumer that prior contact directly with the trader may be needed before the opening of proceedings before an ADR entity to ensure the effectiveness of the procedure and avoid overloading ADR entities with requests that could be dealt with by the trader' customer service, when it exists, within reasonable time limits;
Amendment 317 #
Proposal for a directive
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) the dispute is resolved within 90 days from the date on which the ADR entity has received the complaintete complaint file. In the case of complex disputes, or when the complaint file is incomplete, the ADR entity may extend this time period.
Amendment 332 #
Proposal for a directive
Article 9 – paragraph 2 – point a – introductory part
Article 9 – paragraph 2 – point a – introductory part
(a) the consumerparties, before agreeing to a suggested solution, isare informed that:
Amendment 334 #
Proposal for a directive
Article 9 – paragraph 2 – point a – point i
Article 9 – paragraph 2 – point a – point i
(i) they hasve the choice as to whether or not to agree to a suggested solution;
Amendment 337 #
Proposal for a directive
Article 9 – paragraph 2 – point a – point ii
Article 9 – paragraph 2 – point a – point ii
(ii) the suggested solution may be less favourable thandiffer from an outcome determined by a court applying legal rules;
Amendment 341 #
Proposal for a directive
Article 9 – paragraph 2 – point a – point iii
Article 9 – paragraph 2 – point a – point iii
(iii) before agreeing or rejecting the suggested solution they hasve the right to seek independent advice;
Amendment 382 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. This cooperation shall include mutual exchange of information on business practices by traders about which consumers have lodged complaintscomplaints lodged by consumers and the positive or negative outcome of the ADR procedure. It shall also include the provision of technical assessment and information by such national authorities to ADR entities where such assessment or information is necessary for the handling of individual disputes.