Activities of Sergio Gaetano COFFERATI related to 2018/2079(INL)
Plenary speeches (1)
Expedited settlement of commercial disputes (debate) IT
Shadow reports (1)
REPORT with recommendations to the Commission on expedited settlement of commercial disputes PDF (439 KB) DOC (69 KB)
Amendments (25)
Amendment 7 #
Motion for a resolution
Recital C
Recital C
C. whereas the main goals of judicial cooperation between Member States isare, inter alia, to ensure the full respect of the right to effective remedy and a fair trial in cross-border cases, to guarantee effective and smooth judicial procedures also in those situations and to establish mutual trust in judiciary systems, which is the basis for further mutual recognition of judgments across the Union;
Amendment 13 #
Motion for a resolution
Recital G
Recital G
G. whereas the question of formulation of procedural rules often involves striking a balance betweenprocedural rules should guarantee both protection of the rights of the parties and speedy settlement of disputes;
Amendment 22 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas changes to the Rome I and Rome II Regulations in order to better protect weaker parties in business- to-business relations and to strengthen the connection between the aim and object of contracts and the law chosen would also contribute to increase Member States’ competence in commercial matters;
Amendment 24 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need to ensure the full respect of the right of the parties to an effective remedy and to a fair trial, as established in the Charter of Fundamental Rights of the European Union, and to guarantee high quality of judicial proceedings in commercial matters;
Amendment 25 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers that the best way forward to support a more equal distribution of commercial law competence across Member States and to promote quicker and high quality judicial proceedings in commercial matters would be to proceed with further harmonisation of provisions on these matters at European level, notwithstanding the political challenges;
Amendment 29 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that the EECP should be applicable just to business-to-business commercial disputes which do not have any implications for workers or consumers and which do not have any aspects related to environmental matters;
Amendment 31 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is of the opinion that such a strict procedural system is compatible with the protection of the rights of the parties on condition that the EECP should be voluntary and should only apply either: - where the parties have so agreed orafter the dispute has arisen, or - where the defendant accepts the procedure after the claimant has brought action under the EECP, provided that the defendant has enough time to adequately prepare before the start of the procedure;
Amendment 32 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Believes that the EECP should in any case be valid only where the parties have been duly informed in advance of the consequences of consenting to use such procedure; considers that the costs of the EECP should not be excessive for the parties, in order to guarantee the respect of the right of access to justice;
Amendment 35 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that the current distribution in choice of law in commercial contracts between the different European jurisdictions shows a slower build-up of competence in commercial matters in some Member States and in addition a less complete development of commercial law in those countriis not equal across Member States;
Amendment 40 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Contends that in this respect there might be a needit is necessary to review the Rome I and Rome II Regulations in order to strengthen the connection between the aim and object of contracts and the law chosen, while at the same time allowing, where appropriate, for more party autonomy in relation to the choice of lawensure better protection of weaker parties in business- to-business relations and contracts and to strengthen the connection between the aim and object of contracts and the law chosen in those situations;
Amendment 42 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to assess the need to review the Brussels Ia Regulation in order to better protect the weaker parties in business-to-business relations and to consider in particular possible limitations to commercial parties’ freedom of choice;
Amendment 46 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that also the quality of the law applicable to commercial matters and how well it is adapted to the practices and development in the commercial area is of great importance;
Amendment 47 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Pursuant to Article 225 TFEU, requests therefore the Commission to submit by 1 January 2020, on the basis of Article 81(2) TFEU, a proposal for a legislative act on a European Expedited Civil Procedure and, according to recommendations set out in the Annex hereto, a proposal for amendments to the Rome I and Rome II Regulations according to recommendations set out in the Annex heretond, where necessary, a proposal for amendments to the Brussels Ia Regulation;
Amendment 51 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Emphasises that commercial law is only one of the areas where further actions at European level are needed to ensure better access to justice, higher quality of the proceedings, stronger safeguards for the parties and quicker settlement of disputes;
Amendment 54 #
Motion for a resolution
Annex I – part I – paragraph 2 – point 1 a (new)
Annex I – part I – paragraph 2 – point 1 a (new)
1a. It should apply only to business-to- business commercial disputes which do not have any implications for workers or consumers and which do not have any aspects related to environmental matters;
Amendment 56 #
Motion for a resolution
Annex I – part I – paragraph 2 – point 2
Annex I – part I – paragraph 2 – point 2
2. It should apply if the parties so agree either beforeafter the dispute arises or if the claimant launches a claim under the procedure and the defendant accepts it;
Amendment 57 #
Motion for a resolution
Annex I – part I – paragraph 2 – point 2 a (new)
Annex I – part I – paragraph 2 – point 2 a (new)
2a. It should apply only if the parties have been duly informed in advance of the consequences of consenting to use this procedure;
Amendment 63 #
Motion for a resolution
Annex I – part I – paragraph 2 – point 8 a (new)
Annex I – part I – paragraph 2 – point 8 a (new)
8a. The costs of the procedure should be limited, in order to guarantee the respect of the right of access to justice;
Amendment 65 #
Motion for a resolution
Annex I – part II – title
Annex I – part II – title
II. PChanges to Rome I and Rome II Regulations and possible changes to RomeBrussels Ia Regulation
Amendment 67 #
Motion for a resolution
Annex I – part II – paragraph 1
Annex I – part II – paragraph 1
The proposal on European Expedited Civil Procedure cshould be supported by a proposal to amend the Rome I and Rome II Regulations to achieve a stronger connection between the purpose and aim of agreements and the law chosen within the Union but also to afford the parties to purely commercial contracts further autonomyand to better protect the weaker parties in business-to-business relations.
Amendment 69 #
Motion for a resolution
Annex I – part II – paragraph 2 – introductory part
Annex I – part II – paragraph 2 – introductory part
Amendments to the Rome I Regulation cshould in particular include:
Amendment 70 #
Motion for a resolution
Annex I – part II – paragraph 2 – point 1
Annex I – part II – paragraph 2 – point 1
Amendment 71 #
2. Consideration ofthe reinforcement of the connection between the law chosen and the content, aim and purpose of the contract and of the parties and measures to better protect the weaker parties in business-to-business relations, in particular where they are SMEs;
Amendment 72 #
Motion for a resolution
Annex I – part II – paragraph 2 a (new)
Annex I – part II – paragraph 2 a (new)
The Commission should at the same time assess the need to review the Brussels Ia Regulation in order to better protect the weaker parties in business-to-business relations, in particular by considering the possibility to limit parties’ freedom of choice.
Amendment 78 #
Motion for a resolution
Annex I – part III – point 4
Annex I – part III – point 4
4. As a final measure, Member States are invited to consider reviewing their laws applicable to commercial matters in business-to-business situations, as one of the morest important factors for choice of law is how well the commercial law of a country has adapted to practices and developments in commercial areasthe effectiveness and the quality of the commercial law of a country.