6 Amendments of Philippe JUVIN related to 2011/0374(COD)
Amendment 100 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should apply to the out-of-court resolution of contractual disputes betweeninitiated by consumers andgainst traders that arise from the online sale of goods or provision of services by traders across borders. It should not apply to disputes betweeninitiated by consumers andgainst traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a Member State of the Union at the time when the consumer orders such goods or services or the trader and the consumer are established or resident in the same Member State.
Amendment 102 #
Proposal for a regulation
Recital 10
Recital 10
(10) 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 105 #
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should not apply to disputes betweeninitiated by consumers andgainst traders that arise from the cross-border sale of goods or provision of services offline. This Regulation should not apply to disputes between traders.
Amendment 131 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall apply to the out-of- court resolution of contractual disputes initiated by consumers against traders arising from the cross-border online sale of goods or provision of services between consumers and traders through the intervention of an alternative dispute resolution entity complying with Directive [Office of Publications please insert number of Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)] and involving the use of a European online dispute resolution platform.
Amendment 137 #
Proposal for a regulation
Article 4 – paragraph 1 – point g – paragraph 1
Article 4 – paragraph 1 – point g – paragraph 1
Procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader, procedures before consumer complaint handling systems operated by the trader, direct negotiation between the consumer and the trader, whether represented or not, and attempts made by a judge to settle a dispute in the course of a judicial proceeding concerning that dispute shall not be regarded as ADR procedures;.
Amendment 138 #
Proposal for a regulation
Article 4 – paragraph 1 – point g – paragraph 1 – subparagraph 1 (new)
Article 4 – paragraph 1 – point g – paragraph 1 – subparagraph 1 (new)
Procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the trader shall not be regarded as ADR procedures 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;