Activities of Evelyn REGNER related to 2010/0383(COD)
Legal basis opinions (0)
Amendments (22)
Amendment 14 #
Proposal for a regulation
Article 22 – point 1 – point aa (new)
Article 22 – point 1 – point aa (new)
(aa) in proceedings concerning industrial action which takes place in a given Member State, the courts of that Member State shall have jurisdiction;
Amendment 63 #
Proposal for a regulation
Recital 13
Recital 13
(13) In addition to the defendant's domicile, there should be alternative grounds of jurisdiction based on a close link between the court and the action or in order to facilitate the sound administration of justice. The existence of a close link should ensure legal certainty avoiding that the defendant is sued before a court of a Member State which was not reasonably foreseeable for him and avoiding ‘forum shopping’. This is important, particularly in disputes concerning non- contractual obligations arising out of violations of privacy and rights relating to personality, including defamation, and in international disputes arising out of industrial action which are bound to develop in an increasingly mobile labour market.
Amendment 64 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) This Regulation assumes as a general principle that the courts of the Member State where the industrial action is taking place should have jurisdiction, with the aim of protecting the rights and obligations of workers and employers. Indeed, the scope of the specific provision relating to industrial action should correspond to that of the provision relating to industrial action contained in Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)1 and should be interpreted in the same way. The special rule on industrial action in point -1 of Article 22 is without prejudice to the conditions relating to the exercise of such action in accordance with national law and without prejudice to the legal status of trade unions or of organisations representing the professional interests of workers as provided for in the law of the Member States. ____________________________ 1 OJ L 199, 31.7.2007, p. 40.
Amendment 66 #
Proposal for a regulation
Article 2 – point c
Article 2 – point c
(c) ‘court’ shall include any authorities designated by a Member State as having jurisdiction in the matters falling within the scope of this Regulation. It shall also include international authorities to which a Member State has assigned jurisdiction in matters falling within the scope of this Regulation; such an international authority shall be deemed to be a court of the Member State concerned even if it is located outside its territory;
Amendment 70 #
Proposal for a regulation
Article 5 – point 2
Article 5 – point 2
2. in matters relating to tort, delict or quasi- delict, the courts for the place where the harmful event occurred or may occur; those courts may accept jurisdiction only where a sufficient, substantial or significant link exists with the country in which the action is brought;
Amendment 71 #
Proposal for a regulation
Article 5 – point 2 a (new)
Article 5 – point 2 a (new)
2a. in matters arising out of a violation of privacy or rights relating to personality, where the violation is caused by the publication or broadcasting of contentious material on the internet, the courts of the country at which the publication or broadcast is chiefly targeted, provided that their acceptance of jurisdiction is based on a series of relevant connecting factors asserting the territorial jurisdictional relevance. The country at which the online publication or broadcast is chiefly targeted shall be determined in particular by the language of the online publication or broadcast or the domain name, or by sales or audience size in a given country as a proportion of total sales or audience size, or by a combination of those factors;
Amendment 73 #
Proposal for a regulation
Article 5 – point 3
Article 5 – point 3
Amendment 77 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In matters relating to individual contracts of employment, jurisdiction shall be determined by this Section, without prejudice to point 5 of Article 5 and point 1 of Article 6.
Amendment 79 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Employees shall have the right to rely on point 1 of Article 6.
Amendment 82 #
Proposal for a regulation
Article 22 – point -1 (new)
Article 22 – point -1 (new)
-1. in proceedings relating to an industrial action, pending or carried out, the courts of the Member State in which the action is to be, or has been, taken.
Amendment 83 #
Proposal for a regulation
Article 23 – paragraph 1 – introductory wording
Article 23 – paragraph 1 – introductory wording
1. If the parties have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have jurisdiction, unless the agreement is null and void as to its substance under the applicable law of that Member State. Such jurisdiction shall be exclusive unless the parties have agreed otherwise. Such an agreement conferring jurisdiction shall be either:
Amendment 86 #
Proposal for a regulation
Article 25 – point a
Article 25 – point a
Amendment 87 #
Proposal for a regulation
Article 25 – point b
Article 25 – point b
Amendment 91 #
Proposal for a regulation
Article 26 – final wording
Article 26 – final wording
Amendment 93 #
Proposal for a regulation
Article 27
Article 27
Where a court of a Member State is seised of a claim which is principally concerned with a matter over which it has no jurisdiction under this Regulationthe courts of another Member State have exclusive jurisdiction by virtue of Article 22, it shall declare of its own motion that it has no jurisdiction.
Amendment 94 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Where a defendant is sued in a court of a Member State and does not enter an appearance, the court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this enddeclare of its own motion that it has no jurisdiction unless its jurisdiction is derived from this Regulation.
Amendment 95 #
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to that end.
Amendment 99 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 4
Article 29 – paragraph 4 – subparagraph 4
This paragraph doesshall not apply in relation to disputes concerning matters referred to in Sections 3, 4, and 5 of Chapter II and in any proceedings where a final binding decision has been taken concerning jurisdiction.
Amendment 100 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 102 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. With the exception of agreements governed by Sections 3, 4 and 5 of this Chapter, where an agreement referred to in Article 23 confers exclusive jurisdiction ton a court or the courts of a Member State, the courts of other Member States shall have no jurisdiction over the disputestay the proceedings before them until such time as the court or courts designated in the agreement decline their jurisdiction, or until both parties agree to the jurisdiction of the courts of that other Member State or enter an appearance in accordance with Article 24.
Amendment 118 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. In cases other than those covered by Article 45, aA party shall have the right to apply for a refusal of recognition or enforcement of a judgment where: (a) such recognition or enforcement would not be permitted by the fundamental principles underlying the right to a fair trial. is manifestly contrary to public policy (ordre public) in the Member State in which recognition is sought; (b) the judgment was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant failed to commence proceedings to challenge the judgment or to apply for a review under Article 45 when it was possible for him to do so; (c) the judgment is irreconcilable with a judgment given in proceedings between the same parties in the Member State in which recognition is sought; (d) the judgment is irreconcilable with an earlier judgment given in proceedings in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the Member State in which recognition is sought; (e) the judgment conflicts with Chapter II, Sections 3, 4, 5 or 6; (f) the judgment was given in breach of the requirements of Section 5 of Chapter II concerning jurisdiction over individual contracts of employment.
Amendment 120 #
Proposal for a regulation
Article 85
Article 85
This Regulation shall not affect the right of workers and employers, or their respective organisations, to engage in collective action to protect their interests, in particular the right or freedom to strike or to take other actions, in accordance with Union law and national law and practicese courts of the Member State in which an industrial action is pending or has taken place shall have exclusive jurisdiction in the matter.