2018/0089(COD) Representative actions for the protection of the collective interests of consumers
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | JURI |
DIDIER Geoffroy ( EPP)
|
WOLTERS Lara ( S&D),
SCHREINEMACHER Liesje ( Renew),
HAUTALA Heidi ( Verts/ALE),
LEBRETON Gilles ( ID),
STANCANELLI Raffaele ( ECR),
AUBRY Manon ( GUE/NGL)
|
| Former Responsible Committee | JURI |
DIDIER Geoffroy ( PPE)
|
|
| Former Committee Opinion | IMCO |
Matthijs van MILTENBURG ( ALDE),
Felix REDA ( Verts/ALE),
Virginie ROZIÈRE ( S&D),
Richard SULÍK ( ECR)
|
|
| Former Committee Opinion | TRAN |
MAYER Georg ( ENF)
|
Jacqueline FOSTER ( ECR),
Matthijs van MILTENBURG ( ALDE),
Keith TAYLOR ( Verts/ALE)
|
Lead committee dossier:
Legal Basis:
TFEU 114
Legal Basis:
TFEU 114Subjects
Events
2020/12/04
Final act published in Official Journal
2020/11/25
CSL - Draft final act
Documents
2020/11/25
CSL - Act approved by Council, 2nd reading
2020/11/25
CSL - Final act signed
2020/11/25
EP - End of procedure in Parliament
2020/11/24
EP - Debate in Parliament
Documents
2020/11/24
EP - Decision by Parliament, 2nd reading
Details
The European Parliament adopted a legislative resolution approving the Council's position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC.
The proposed Directive modernises and replaces the Injunctions Directive by providing for redress measures as well as injunction measures in case of infringements of Union law affecting a group of consumers.
More specifically, the proposal enables qualified entities, designated by the Member States, to bring representative actions for the purpose of both injunctive and redress measures in case of infringements of Union law affecting a group of consumers.
Documents
2020/11/18
EP - Committee recommendation tabled for plenary, 2nd reading
Documents
2020/11/18
EP - Committee recommendation tabled for plenary, 2nd reading
Documents
2020/11/16
EP - Vote in committee, 2nd reading
2020/11/13
EP - Committee referral announced in Parliament, 2nd reading
2020/11/06
CSL - Council position
Documents
2020/11/06
CSL - Council position published
Documents
2020/11/05
EP - Committee draft report
Documents
2020/11/05
EC - Commission communication on Council's position
Documents
2020/11/04
CSL - Council statement on its position
Documents
2020/07/06
EP - Approval in committee of the text agreed at early 2nd reading interinstitutional negotiations
Documents
2020/01/13
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 72)
2020/01/09
EP - Committee decision to open interinstitutional negotiations after 1st reading in Parliament
2019/07/30
EC - Commission response to text adopted in plenary
Documents
2019/07/24
EP - DIDIER Geoffroy (EPP) appointed as rapporteur in JURI
2019/03/26
EP - Results of vote in Parliament
Documents
2019/03/26
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 579 votes to 33 with 43 abstentions a legislative resolution on the proposal for a directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC.
The position of the European Parliament adopted at first reading under the ordinary legislative procedure has amended the Commission proposal as follows:
Purpose
The proposed directive would set out rules enabling qualified representative entities which represent the collective interest of consumers, to seek remedy and thereby, in particular, to achieve and enforce a high level of protection and access to justice, while at the same time ensuring appropriate safeguards to avoid abusive litigation. The directive would apply to representative actions brought against infringements with a high impact on consumers by professionals. It would be without prejudice to other forms of redress mechanisms provided for in national law.
The directive would respect the fundamental rights, and observe the principles, recognised by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, and in particular the right to a fair and impartial trial and the right to an effective remedy.
Qualified entities
Member States or their courts would designate within their respective territory at least one qualified representative entity for the purpose of bringing representative actions. Such entities should be non-profit-making, independent of market operators, including financially, have an established procedure to prevent conflicts of interest and should not have financial agreements with law firms.
These entities would provide that the qualified representative entities disclose publicly, by appropriate means, such as on its website, in plain and intelligible language, how it is financed, its organisational and management structure, its objective and its working methods as well as its activities. Member States shall also establish a list of representative entities complying with the criteria and make it publicly available. They shall communicate the list to the Commission updated where necessary.
The Commission shall publish the list of representative entities received from the Member States on a publicly accessible online portal.
Registry of collective redress actions
Parliament proposed that Member States set up a national register for representative actions, which should be available free of charge to any interested person through electronic means and/or otherwise.
Redress measures
T he redress measures aim to grant consumers concerned full compensation for their loss. In case of unclaimed amount left from the compensation, a court shall decide on the beneficiary of the remaining unclaimed amount. This unclaimed amount shall not go to the qualified representative entity nor to the trader.
In particular, punitive damages, leading to overcompensation in favour of the claimant party of the damage suffered, shall be prohibited. For instance, the compensation awarded to consumers harmed collectively shall not exceed the amount owed by the trader in accordance with the applicable national or Union law in order to cover the actual harm suffered by them individually.
Loser pay principle
The amended text proposed that Member States would ensure that the party that loses a collective redress action reimburses the legal costs borne by the winning party, subject to the conditions provided for in national law. However, the court or administrative authority should not award costs to the unsuccessful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.
Information on representative actions
Member States should ensure that the representative entities:
inform consumers about the claimed violation of rights granted under Union law and the intention to seek an injunction or to pursue an action for damages, explain to consumers concerned already on beforehand the possibility to join the action in order to ensure that the relevant documents and other information necessary for the action are kept. where relevant, inform about subsequent steps and the potential legal consequences.
Effects of final decisions
Member States should ensure that a final decision of a court of one Member State establishing the existence or non-existence of the infringement for the purposes of any other actions seeking redress before their national courts in another Member State against the same trader for the same infringement is considered as a rebuttable presumption.
Member States are encouraged to create a database containing all final decisions on redress actions that could facilitate other redress measures, and to share their best practices in this field.
Cross-border representative actions
The amended text clarifies that the Member State in which a collective redress procedure takes place could require a mandate from the consumers who are resident in this Member State and should require a mandate from individual consumers based in another Member State where the action is cross-border.
Public Register
The competent national authorities should set up a public register of unlawful acts which have been the subject of injunction orders in accordance with the provisions of the directive.
Documents
2019/03/25
EP - Debate in Parliament
Documents
2018/12/12
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2018/12/10
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2018/12/07
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Legal Affairs adopted the report by Geoffroy DIDIER (EPP, FR) on the proposal for a directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC.
The Committee on Internal Market and Consumer Protection, exercising its prerogative as an associated committee in accordance with Rule 54 of the Rules of Procedure, also gave its opinion on the report.
The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal.
Subject matter : the proposed Directive sets out rules enabling qualified representative entities to seek representative actions aimed at the protection of the collective interests of consumers and thereby, in particular, achieve and enforce a high level of protection and access to justice, while at the same time ensuring appropriate safeguards to avoid abusive litigation.
It shall be without prejudice to other forms of redress mechanisms provided for in national law.
Scope : it shall respect the fundamental rights, and observe the principles, recognised by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, and in particular the right to a fair and impartial trial and the right to an effective remedy.
Qualified representative entities : Member States or its courts shall designate within their respective territory at least one qualified representative entities for the purpose of bringing representative actions. They shall provide that the qualified representative entities disclose publicly , by appropriate means, such as on its website, in plain and intelligible language, how it is financed , its organisational and management structure, its objective and its working methods as well as its activities. Member States shall also establish a list of representative entities complying with the criteria and make it publicly available. They shall communicate the list to the Commission updated where necessary.
The Commission shall publish the list of representative entities received from the Member States on a publicly accessible online portal.
Registry of collective redress actions : Members proposed that Member States may set up a national register for representative actions, which shall be available free of charge to any interested person through electronic means and/or otherwise.
Redress measures : t he redress measures aim to grant consumers concerned full compensation for their loss. In case of unclaimed amount left from the compensation, a court shall decide on the beneficiary of the remaining unclaimed amount. This unclaimed amount shall not go to the qualified representative entity nor to the trader.
In particular, punitive damages , leading to overcompensation in favour of the claimant party of the damage suffered, shall be prohibited. For instance, the compensation awarded to consumers harmed collectively shall not exceed the amount owed by the trader in accordance with the applicable national or Union law in order to cover the actual harm suffered by them individually.
Loser pay principle : the amended text proposed that Member States shall ensure that the party that loses a collective redress action reimburses the legal costs borne by the winning party, subject to the conditions provided for in national law. However, the court or administrative authority shall not award costs to the unsuccessful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.
Information on representative actions : Member States shall ensure that the representative entities:
inform consumers about the claimed violation of rights granted under Union law and the intention to seek an injunction or to pursue an action for damages, explain to consumers concerned already on beforehand the possibility to join the action in order to ensure that the relevant documents and other information necessary for the action are kept. where relevant, inform about subsequent steps and the potential legal consequences.
Effects of final decisions : Member States shall ensure that a final decision of a court of one Member State establishing the existence or non-existence of the infringement for the purposes of any other actions seeking redress before their national courts in another Member State against the same trader for the same infringement shall be considered as a rebuttable presumption.
Member States are encouraged to create a database containing all final decisions on redress actions that could facilitate other redress measures, and to share their best practices in this field.
Review clause : the Commission shall assess whether cross-border representative actions could be best addressed at Union level by establishing a European Ombudsman for collective redress . No later than three years after the entry into force of this Directive, the Commission shall draw up a report in this regard and submit it to the European Parliament and the Council, accompanied, if appropriate, by a relevant proposal.
Documents
2018/12/06
EP - Vote in committee, 1st reading
2018/12/06
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2018/11/26
EP - Committee opinion
Documents
2018/11/23
EP - Committee opinion
Documents
2018/11/13
DE_BUNDESRAT - Contribution
Documents
2018/11/08
EP - Amendments tabled in committee
Documents
2018/11/08
EP - Amendments tabled in committee
Documents
2018/10/12
EP - Committee draft report
Documents
2018/10/10
CofR - Committee of the Regions: opinion
Documents
2018/10/05
EDPS - Document attached to the procedure
Details
OPINION of the European Data Protection Supervisor (EDPS) on the legislative package ‘A new deal for consumers’.
This opinion sets out the EDPS's position on the legislative package entitled 'A new deal for consumers', which consists of (i) a proposal for a Directive as regards better enforcement and modernisation of EU consumer protection rules; (ii) the proposal for a Directive on representative actions for the protection of the collective interests of consumers.
While welcoming the new proposal on collective redress, the EDPS considers that ‘the qualified entities’ that will be able to bring the representative actions in this field under the Proposal should be subject to the same conditions as set out in Article 80 General Data Protection Regulation (GDPR).
Along the same lines, the Proposal on collective redress should clarify that the representative actions regarding data protection issues can only be brought before administrative authorities that are the data protection supervisory authority within the meaning of Articles 4(21) and 51 GDPR.
The EDPS considers that the application of two different mechanisms on collective redress, to the GDPR and to the future e-Privacy Regulation, alongside other substantive points of interaction between consumer and data protection, requires more systematic cooperation between the consumer protection and data protection authorities that could be done, for instance, within the already existing voluntary network of the enforcement bodies from competition, consumer and data protection areas — the Digital Clearinghouse.
In this context, the EDPS considers that it is important to further explore the synergies between the data protection and consumer law. It recommends that the cooperation between the consumer protection and data protection authorities should become more systematic wherever specific issues that are of interest for both side arise, in which consumer welfare and data protection concerns appear to be at stake.
Documents
2018/09/19
ESC - Economic and Social Committee: opinion, report
Documents
2018/09/13
EP - Referral to associated committees announced in Parliament
2018/08/01
CZ_SENATE - Contribution
Documents
2018/06/27
PT_PARLIAMENT - Contribution
Documents
2018/06/13
CZ_CHAMBER - Contribution
Documents
2018/05/23
EP - MAYER Georg (ENF) appointed as rapporteur in TRAN
2018/05/22
EP - DIDIER Geoffroy (PPE) appointed as rapporteur in JURI
2018/05/02
EP - Committee referral announced in Parliament, 1st reading
2018/04/13
EC - Document attached to the procedure
Documents
2018/04/13
EC - Document attached to the procedure
Documents
2018/04/11
EC - Legislative proposal published
Details
PURPOSE: to improve instruments to put an end to unlawful practices and facilitate remedies when a large number of them are victims of the same infringement of their rights, as part of a mass injury.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the fitness check of EU consumer and marketing law, which also covers Directive 2009/22/EC of the European Parliament and of the Council on injunctions for the protection of consumers' interests, demonstrated that the risk of infringements of Union law affecting the collective interests of consumers is increasing due to economic globalisation and digitalisation. In view of the increase in cross-border trade, it is increasingly common for such infringements to affect consumers in several Member States.
The absence of an EU-wide collective redress mechanism is of particular practical relevance to consumer protection, as shown by concrete cases, including the diesel emissions case.
In its resolution of 2 February 2012 , the European Parliament stressed the need for a horizontal EU approach to collective redress focusing on breaches of consumer rights, based on a common set of principles respecting national legal traditions and providing safeguards against abusive litigation.
In this context, this proposal aims to modernise and replace Directive 2009/22/EC on injunctions . It is presented together with the proposal on targeted amendments to four EU consumer law Directives as part of the "New Deal for Consumers".
IMPACT ASSESSMENT: the option chosen is to tighten the rules on sanctions, to improve the efficiency of the injunction procedure and to add other measures concerning collective redress for consumers. Stronger mechanisms for collective redress would ensure a higher level of consumer protection in mass harm situations and reduce consumer detriment. As concerns efficiency, all options could lead to initial familiarisation costs, but also to savings for compliant traders.
CONTENT: the new Directive replacing Directive 2009/22/EC would aim to ensure that "qualified entities" - for example consumer organisations – may seek representative actions to protect the collective interests of consumers .
For example, in a Dieselgate-type scenario, victims of unfair commercial practices, such as misleading advertising by car manufacturers, will be able to obtain remedies collectively through a representative action under this proposal. Such collective redress was previously not provided under Union law.
The proposed new Directive:
covers all infringements by traders of Union law that harm or may harm the collective interests of consumers in a variety of sectors such as financial services, energy, telecommunications, health and the environment; enables qualified entities to be able to seek measures aimed at eliminating the continuing effects of the infringement. These measures should take the form of a redress order obligating the trader to provide for, inter alia , compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate and as available under national laws. These qualified entities will have to satisfy minimum reputational criteria (they must be properly established, not for profit and have a legitimate interest in ensuring compliance with the relevant EU law). For compensatory collective redress actions, qualified entities would also be required to disclose to the courts or administrative authorities their financial capacity and the origin of their funds supporting the action and to ensure that there are no conflicts of interests or risks of abuse in a given case; sets out the rules requiring the infringing trader to adequately inform the consumers concerned about the final injunction orders, final decisions on measures eliminating continuing effects of the infringements. This provision ensures consumers' awareness about the breach of law and their redress opportunities; requires Member States to ensure that all representative actions are treated with due diligence and that representative actions seeking an interim injunction order are dealt with under an accelerated procedure, while avoiding that procedural costs become a financial barrier to representative actions; favours collective out-of-court settlements, under the control of the courts or administrative authorities. If a decision finding an infringement has become final, it should be irrefutable evidence in any subsequent redress action in the same Member State; ensures the application of effective, dissuasive and proportionate sanctions in cases where a defendant does not comply with a final decision of a court or administrative authority in a representative action.
Documents
Documents
- Final act published in Official Journal: Directive 2020/1828
- Final act published in Official Journal: OJ L 409 04.12.2020, p. 0001
- Draft final act: 00049/2020/LEX
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 2nd reading: T9-0316/2020
- Committee recommendation tabled for plenary, 2nd reading: A9-0224/2020
- Committee recommendation tabled for plenary, 2nd reading: A9-0224/2020
- Council position: 09573/2020
- Council position published: 09573/2020
- Committee draft report: PE659.054
- Commission communication on Council's position: COM(2020)0693
- Commission communication on Council's position: EUR-Lex
- Council statement on its position: 04354/2020
- Approval in committee of the text agreed at early 2nd reading interinstitutional negotiations: PE655.629
- Commission response to text adopted in plenary: SP(2019)437
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0222/2019
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A8-0447/2018
- Committee opinion: PE627.831
- Committee opinion: PE627.034
- Contribution: COM(2018)0184
- Amendments tabled in committee: PE630.422
- Amendments tabled in committee: PE630.456
- Committee draft report: PE628.647
- Committee of the Regions: opinion: CDR2839/2018
- Document attached to the procedure: N8-0015/2019
- Document attached to the procedure: OJ C 432 30.11.2018, p. 0017
- Economic and Social Committee: opinion, report: CES2126/2018
- Contribution: COM(2018)0184
- Contribution: COM(2018)0184
- Contribution: COM(2018)0184
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0096
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0098
- Legislative proposal published: COM(2018)0184
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2018)0096
- Document attached to the procedure: EUR-Lex SWD(2018)0098
- Economic and Social Committee: opinion, report: CES2126/2018
- Document attached to the procedure: N8-0015/2019 OJ C 432 30.11.2018, p. 0017
- Committee of the Regions: opinion: CDR2839/2018
- Committee draft report: PE628.647
- Amendments tabled in committee: PE630.422
- Amendments tabled in committee: PE630.456
- Committee opinion: PE627.034
- Committee opinion: PE627.831
- Commission response to text adopted in plenary: SP(2019)437
- Council statement on its position: 04354/2020
- Committee draft report: PE659.054
- Commission communication on Council's position: COM(2020)0693 EUR-Lex
- Council position: 09573/2020
- Committee recommendation tabled for plenary, 2nd reading: A9-0224/2020
- Draft final act: 00049/2020/LEX
- Contribution: COM(2018)0184
- Contribution: COM(2018)0184
- Contribution: COM(2018)0184
- Contribution: COM(2018)0184
Activities
- Heidi HAUTALA
- Mady DELVAUX
Plenary Speeches (1)
- Geoffroy DIDIER
Plenary Speeches (1)
- Othmar KARAS
Plenary Speeches (1)
- Gilles LEBRETON
Plenary Speeches (1)
- Matthijs van MILTENBURG
Plenary Speeches (1)
- Ralph PACKET
Plenary Speeches (1)
- Pavel SVOBODA
Plenary Speeches (1)
- Eugen JURZYCA
Plenary Speeches (1)
- Liesje SCHREINEMACHER
Plenary Speeches (1)
- Leszek MILLER
Plenary Speeches (1)
Votes
A8-0447/2018 - Geoffroy Didier - Vote unique 26/03/2019 12:35:02.000 #
2019/03/26 Outcome: +: 579, 0: 43, -: 33
NI
EFDDA8-0447/2018 - Geoffroy Didier - Vote unique #
2019/03/26 Outcome: +: 579, 0: 43, -: 33
| Amendments | Dossier |
| 955 |
2018/0089(COD)
2018/09/28
IMCO
303 amendments...
Amendment 100 #
Proposal for a directive Recital 26 (26) Collective out-of-court settlements, such as mediation, aimed at providing redress to harmed consumers should be encouraged both before the representative action is brought and at any stage of the representative action.
Amendment 101 #
Proposal for a directive Recital 26 (26) Collective out-of-court settlements aimed at providing redress to harmed
Amendment 102 #
Proposal for a directive Recital 27 (27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it. Such request should be admitted by the court or administrative authority only if there is no other ongoing representative action regarding the same practice. A competent court or administrative authority approving such collective settlement must take into consideration the interests and rights of all parties concerned, including individual consumers.
Amendment 103 #
Proposal for a directive Recital 27 (27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it. Such request should be admitted by the court or administrative authority only if there is no other ongoing representative action regarding the same practice. A competent court or administrative authority approving such collective settlement must take into consideration the interests and rights of all parties concerned, including individual consumers. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlement and file or pursuit their corresponding individual action.
Amendment 104 #
Proposal for a directive Recital 27 (27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for
Amendment 105 #
Proposal for a directive Recital 28 (28) The court and administrative authority should have the power to invite the infringing trader and the qualified entity which brought the representative action to enter into negotiations aimed at reaching a settlement on redress to be provided to
Amendment 106 #
Proposal for a directive Recital 29 Amendment 107 #
Proposal for a directive Recital 30 (30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned.
Amendment 108 #
Proposal for a directive Recital 30 (30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved upon request of at least one of the parties concerned by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
Amendment 109 #
Proposal for a directive Recital 30 (30) Any out-of-court settlement reached within the context of a representative action
Amendment 110 #
Proposal for a directive Recital 31 (31) Ensuring that affected consumers are informed about a representative action is crucial for its success. Consumers should be informed
Amendment 111 #
Proposal for a directive Recital 31 (31) Ensuring that consumers are informed about a representative action is crucial for its success. Consumers should be informed of ongoing representative action, the fact that a trader's practice has been considered as a breach of law, their rights following the establishment of an infringement and any subsequent steps to be taken by consumers concerned, particularly for obtaining redress.
Amendment 112 #
Proposal for a directive Recital 31 (31) Ensuring that
Amendment 113 #
Proposal for a directive Recital 31 a (new) (31 a) Within their capacities, qualified entities, competent courts and authorities should inform consumer organisations and the press about ongoing representative action and its decisions.
Amendment 114 #
Proposal for a directive Recital 32 (32) To be effective, the information should be adequate and proportional to the circumstances of the case, and there should not be an excessive increase in the administrative burden and costs for traders. The infringing trader should adequately inform all consumers concerned of a final injunction and redress orders issued within the representative action as well as of a settlement approved by a court or administrative authority. Such information may be provided for instance on the trader's website, social media, online market places, or in popular newspapers, including those distributed exclusively by electronic means of communication. If possible, consumers should be informed individually through electronic or paper letters. This information should be provided in accessible formats for persons with disabilities upon request.
Amendment 115 #
Proposal for a directive Recital 32 (32) To be effective, the information should be adequate and proportional to the circumstances of the case. The infringing trader should adequately inform all
Amendment 116 #
Proposal for a directive Recital 33 Amendment 117 #
Proposal for a directive Recital 33 (33) To enhance legal certainty, avoid inconsistency in the application of Union law and to increase the effectiveness and procedural efficiency of representative actions and of possible follow-on actions for redress, the finding of an infringement established in a final decision, including a final injunction order under this Directive, issued by an administrative authority or a court should not be relitigated in subsequent legal actions related to the same infringement by the same trader as regards the nature of the infringement and its material, personal, temporal and territorial scope as determined by that final decision. Where an action seeking measures eliminating the continuing effects of the infringement, including for redress, is brought in a Member State other than the Member State where a final decision establishing this infringement was issued, the decision should constitute at least a rebuttable presumption that the infringement has occurred.
Amendment 118 #
Proposal for a directive Recital 34 a (new) (34 a) Members States should ensure that individuals are allowed to apply for a suspension of their own action for redress until the final decision of a corresponding representative action.
Amendment 119 #
Proposal for a directive Recital 35 (35) Actions for redress based on the establishment of an infringement by a final injunction order
Amendment 120 #
Proposal for a directive Recital 37 (37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumers concerned by an infringement, deciding on redress and adequately informing consumers concerned by a representative action about the ongoing proceedings and its final outcomes. However, business-to-consumer relationships are characterised by information asymmetry and the necessary information may be held exclusively by the trader, making it inaccessible to the qualified entity. Qualified entities should therefore be afforded the right to request to the competent court or administrative authority the disclosure by the trader of evidence relevant to their claim or needed for adequately informing consumers concerned about the representative action
Amendment 121 #
Proposal for a directive Recital 37 (37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumers concerned by an infringement, deciding on redress and adequately informing consumers concerned by a representative action about the ongoing proceedings and its final outcomes. However, business-to-consumer relationships are characterised by information asymmetry and the necessary information may be held exclusively by the trader, making it inaccessible to the qualified entity. Qualified entities should therefore be afforded the right to request to the competent court or administrative authority the disclosure by the trader of evidence relevant to their claim
Amendment 122 #
Proposal for a directive Recital 37 (37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the
Amendment 123 #
Proposal for a directive Recital 39 (39) Having regard to the fact that representative actions pursue a public interest by protecting the collective interests
Amendment 124 #
Proposal for a directive Recital 39 a (new) (39 a) Member States should ensure that contingency fees, calculated as a percentage of the clients' net recovery, are avoided and lawyers’ remuneration and the method by which it is calculated do no create any incentive to litigation that is unnecessary from the point of view of the interest of consumers or any of the parties concerned and could prevent consumers to fully benefit from the representative action.
Amendment 125 #
Proposal for a directive Recital 41 (41) In order to effectively tackle infringements with cross-border implications the mutual recognition of the legal standing of qualified entities designated in advance in one Member State to seek representative action in another Member State should be ensured without prejudice to the court or administrative authority right to examine ex officio which conditions for representative actions are met and whether the purpose of the qualified entity justifies their action. Furthermore, qualified entities from different Member States should be able to join forces within a single representative action in front of a single forum, subject to relevant rules on competent jurisdiction. For reasons of efficiency and effectiveness, one qualified entity should be able to bring a representative action in the name of other qualified entities representing consumers from different Member States.
Amendment 126 #
Proposal for a directive Recital 41 (41) In order to effectively tackle infringements with cross-border implications the mutual recognition of the legal standing of qualified entities designated in advance in one Member State to seek representative action in another Member State should be ensured. Furthermore, qualified entities from different Member States should be able to join forces within a single representative action in front of a single forum, subject to relevant rules on competent jurisdiction. For reasons of efficiency and effectiveness, one qualified entity should be able to bring a representative action in the name of other qualified entities representing
Amendment 127 #
Proposal for a directive Recital 44 (44) The objectives of this Directive, namely establishing a representative action mechanism for the protection of the collective interests
Amendment 128 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests
Amendment 129 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned
Amendment 130 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers, while ensuring appropriate safeguards at EU and Member State level and their consistent EU-wide application to avoid abusive litigation.
Amendment 131 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to ensure a higher level of consumer protection or to grant qualified entities or any other persons concerned
Amendment 132 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive
Amendment 133 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive aims at minimum harmonisation and shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national level.
Amendment 134 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned
Amendment 135 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law
Amendment 136 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to representative actions brought against alleged infringements by traders of provisions of the Union law listed in Annex I that harm or may harm the collective interests of consumers. It shall apply to
Amendment 137 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law including those listed in Annex I that harm or may harm the collective interests of consumers. It shall apply to domestic and cross-border infringements, including where those infringements have ceased before the representative action has started or before the representative action has been concluded.
Amendment 138 #
Proposal for a directive Article 2 – paragraph 2 2. This Directive shall not affect rules establishing contractual and non- contractual remedies available
Amendment 139 #
Proposal for a directive Article 3 – paragraph 1 – point 1 (1) ‘consumer’ means any natural person who is acting for purposes which are mainly outside their trade, business, craft or profession;
Amendment 140 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective interests of consumers’ means the
Amendment 141 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective interests of consumers’ means the interests of a high number of consumers;
Amendment 142 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective interests
Amendment 143 #
Proposal for a directive Article 3 – paragraph 1 – point 4 (4) ‘representative action’ means an action for the protection of the collective interests
Amendment 144 #
Proposal for a directive Article 3 – paragraph 1 – point 6 Amendment 145 #
Proposal for a directive Article 3 – paragraph 1 – point 6 a (new) (6 a) 'CPC entity' shall refer to the 'competent authority' as defined by Regulaiton (EU) 2917/2394 of the European Parliament and Council on Cooperation between national authorities responsbile for the enforcement of consumer protection laws.
Amendment 146 #
Proposal for a directive Article 4 – title 4
Amendment 148 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 1 Member States shall ensure that representative actions
Amendment 149 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 1 For the purpose of this Directive, Member States shall ensure that representative actions can be brought by
Amendment 150 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 Amendment 151 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – introductory part Amendment 152 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point a (a) it is properly constituted according to the law of a Member State and has competence in respect of the implementation of this Directive;
Amendment 153 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point a a (new) (a a) it is registered in a Member States of the European Union;
Amendment 154 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point a a (new) (a a) has a clear objective, publically stated in its statute or other relevant governance document to act in the interest of consumers;
Amendment 155 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point a b (new) (a b) has a governance structure that provides for independence from third parties and has internal procedure to prevent conflict of interest, in case of funding received from third parties;
Amendment 156 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point a c (new) (a c) has a direct relationship between the main objectives of the entity and rights granted under Union law that are claimed to have been violated in respect of which the action is brought;
Amendment 157 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point a d (new) (a d) has sufficient capacity in terms of financial and human resources, and legal expertise to represent multiple consumers and acting in their best interest;
Amendment 158 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point b (b) it
Amendment 159 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point b (b) it
Amendment 160 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c (c) it has a non-profit making character
Amendment 161 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c a (new) (c a) it is, at all times, fully transparent about the source of funding of its activity in general and the funds that it uses to support the action.
Amendment 162 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c a (new) (c a) it has no structural or financial interrelationship with a third person or organisation that financially benefits of the action by providing legal assistance or financial support.
Amendment 163 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c a (new) (c a) it has sufficient capacity in terms of human resources, and legal expertise to represent multiple claimants acting in their best interest;
Amendment 164 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c a (new) (ca) it publishes in detail the provenance of the funds it receives and the representative actions that it pursues.
Amendment 165 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c b (new) (c b) it has in place due procedures to identify, prevent and deal with conflicts of interests;
Amendment 166 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c c (new) (c c) it has existed for at least 2 years before initiating a representative action.
Amendment 167 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 a (new) CPC entities may designate an entity as a qualified entity for Article 6 measures if it complies with the following criteria: a) the entity is an independent body, appointed by and accountable to the CPC authority and tasked with protecting the interests of consumers; b) in addition to being a not-for-profit entity, the actions taken by entities for Article 6 measures must be funded exclusively from the entity's own resources without a third party funder or legal representative having a financial interest in the specific outcome of the action; c) the entity's governance structure makes clear that it serves the interests of consumers, rather than any third party, and that it has demonstrated the capacity, knowledge, experience, and ability to serve the interests of the consumers in question over a period of at least two years; d) the entity has the know-how, human and financial resources and ability to conduct the litigation in question efficiently and in the interests of consumers; e) the entity has clearly communicated any costs and risks to those consumers before acting on their behalf; f) the entity has existed for at least 4 years before initiating a declaratory action.
Amendment 168 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 3 Amendment 169 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 3 Amendment 170 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 3 Member States' CPC entities shall assess on a regular basis whether a qualified entity continues to comply with these criteria. Member States shall ensure that the qualified entity loses its status under this Directive if it no longer complies with one or more of the criteria listed in the first subparagraph.
Amendment 171 #
Proposal for a directive Article 4 – paragraph 2 Amendment 172 #
Proposal for a directive Article 4 – paragraph 2 Amendment 173 #
Proposal for a directive Article 4 – paragraph 2 Amendment 174 #
Proposal for a directive Article 4 – paragraph 2 2. Member States may designate a qualified entity on an ad hoc basis for a particular representative action, at its request, if it complies with the criteria referred to in paragraph 1 and has obtained certification from a relevant public authority, responsible for oversight before filing a representative action, confirming the need and admissibility of the presentative action.
Amendment 175 #
Proposal for a directive Article 4 – paragraph 2 2. Member States
Amendment 176 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2 a. Member States shall ensure that qualified entities make their annual activity reports publicly available on their websites, on a durable medium upon request, and by any other means they consider appropriate.Those reports shall include at least the following information relating to both domestic and cross-border representative actions: (a) the number of actions launched and the types of measures referred to in Article 5 and 6 to which they related; (b) the number (the rate or percentage) of redress decisions resulting in favour of consumers and in favour of the trader and of representative actions resolved by settlement; (c) the number (the rate or percentage) of representative actions which were discontinued and, if known, the reasons for their discontinuation; (d) the average time taken to resolve a representative action or to reach settlement;
Amendment 177 #
Proposal for a directive Article 4 – paragraph 3 Amendment 178 #
Proposal for a directive Article 4 – paragraph 3 3. Member States shall ensure that established or ad-hoc organisations defending a public interest, in particular consumer organisations and, where applicable, independent public bodies are eligible for the status of qualified entity. Member States may designate as qualified entities
Amendment 179 #
Proposal for a directive Article 4 – paragraph 4 Amendment 180 #
Proposal for a directive Article 4 – paragraph 4 Amendment 181 #
Proposal for a directive Article 4 – paragraph 4 Amendment 182 #
Proposal for a directive Article 4 – paragraph 5 5.
Amendment 183 #
Proposal for a directive Article 4 – paragraph 5 a (new) 5 a. Member States shall ensure that representative actions can be brought before national courts or administrative authorities by qualified entities provided that there is a direct relationship between the main objectives of the entity and the rights granted under Union law that are claimed to have been violated in respect of which the action is brought.
Amendment 184 #
Proposal for a directive Article 4 a (new) Article 4 a Admissibility 1. Member States shall ensure that a court or an administrative authority verifies ex officio at the earliest possible stage of proceedings cases in which conditions for representative actions are met and manifestly unfounded cases are not continued. 2. A qualified entity bringing a representative action seeking a redress order as referred to in Article 6 shall demonstrate that: a) the action is suitable for a representative action in the interest of multiple consumers; b) the claims are uniform; c) there is a commonality in the measures sought; d) there is an appropriate number of consumers affected by the measures sought by the representative action; e) seeking measures referred to in Article 6 via individual actions would create a risk of inconsistent decisions.
Amendment 185 #
Proposal for a directive Article 5 – paragraph 1 Amendment 186 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that representative actions can be brought before national courts or administrative authorities by
Amendment 187 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that representative actions according to Article 1 can be brought before national courts or administrative authorities by qualified entities
Amendment 188 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 – introductory part Member States shall ensure that
Amendment 189 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 – point a (a) an injunction order as an interim measure for stopping
Amendment 190 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 – point b a (new) (b a) a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, removal, price reduction, contract termination or reimbursement of the price paid, as appropriate.
Amendment 191 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 In order to seek injunction orders, qualified entities shall not have to obtain the mandate of all the individual consumers concerned
Amendment 192 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 In order to seek injunction orders, qualified entities shall
Amendment 193 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 In order to seek injunction orders, qualified entities shall
Amendment 194 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 In order to seek injunction orders, qualified entities shall not have to obtain the mandate of the individual
Amendment 195 #
Proposal for a directive Article 5 – paragraph 3 Amendment 196 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall ensure that
Amendment 197 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking redress measures eliminating the continuing effects of the infringement.
Amendment 198 #
Proposal for a directive Article 5 – paragraph 3 3. Member
Amendment 199 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any
Amendment 200 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement.
Amendment 201 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement. These measures shall be sought only on the basis of any final decision establishing that a practice constitutes an infringement of Union law listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b).
Amendment 202 #
Proposal for a directive Article 5 – paragraph 4 Amendment 203 #
Proposal for a directive Article 5 – paragraph 4 Amendment 204 #
Proposal for a directive Article 5 – paragraph 4 4.
Amendment 205 #
Proposal for a directive Article 5 – paragraph 4 4.
Amendment 206 #
Proposal for a directive Article 5 – paragraph 4 4. Without prejudice to Article 4(4), Member States shall ensure that qualified entities are able to seek the measures
Amendment 207 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4 a. Member States shall ensure that the 'loser pays' principle applies for all types of representative actions.
Amendment 209 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate.
Amendment 210 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order for the economic and non-economic damages, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a
Amendment 211 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 Amendment 212 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 Amendment 213 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order for a material or non-material damage, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate.
Amendment 214 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for
Amendment 215 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, removal, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued.
Amendment 216 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that
Amendment 217 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 a (new) Member States may allow both for an opt- out and an opt-in procedure to file a representative action. It should be up to a court or an administrative authority to decide, on the basis of objective criteria, which approach is best suited for each case. Such criteria could be for example the nature of the claim, its value, and the number of potentially affected consumers.
Amendment 218 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 b (new) A qualified entity could, through a single action (a model test case), obtain clarification for a multitude of consumers if cases are based on the same facts. Following a corresponding public appeal, the injured consumers could declare their claims cost-efficiently in a register of claims kept by the court (opt-in) and interrupt hereby the limitation/prescription period of their individual claims. The outcome of the test case, a declaratory judgment, should be binding for the registered consumers who could pursue after that their claims individually on the basis of the stated facts in the test case.
Amendment 219 #
Proposal for a directive Article 6 – paragraph 1 a (new) 1 a. The redress resulting from a representative action shall be always allocated to affected consumers and shall not serve any other purpose.
Amendment 220 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 2 The qualified entity shall provide sufficient information as required under national law to support the action, including, where appropriate, a description of the consumers concerned by the action and the questions of fact and law to be resolved.
Amendment 221 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 2 The
Amendment 222 #
Proposal for a directive Article 6 – paragraph 1 a (new) 1 a. Member States shall ensure that the 'loser pays' principle applies for all types of representative actions.
Amendment 223 #
Proposal for a directive Article 6 – paragraph 2 Amendment 224 #
Proposal for a directive Article 6 – paragraph 2 Amendment 225 #
Proposal for a directive Article 6 – paragraph 2 Amendment 226 #
Proposal for a directive Article 6 – paragraph 2 2. By derogation to paragraph 1, Member States
Amendment 227 #
Proposal for a directive Article 6 – paragraph 2 2. By derogation to paragraph 1, Member States may empower a court or administrative authority to issue, instead of a redress order, a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement of Union law listed in Annex I
Amendment 228 #
Proposal for a directive Article 6 – paragraph 3 Amendment 229 #
Proposal for a directive Article 6 – paragraph 3 Amendment 230 #
Proposal for a directive Article 6 – paragraph 3 – introductory part 3.
Amendment 231 #
Proposal for a directive Article 6 – paragraph 3 – point a (a)
Amendment 232 #
Proposal for a directive Article 6 – paragraph 3 – point b Amendment 233 #
Proposal for a directive Article 6 – paragraph 3 – point b Amendment 234 #
Proposal for a directive Article 6 – paragraph 3 – point b Amendment 235 #
Proposal for a directive Article 6 – paragraph 3 – point b (b) a court or administrative authority determined that consumers have suffered a small amount of loss and it would be disproportionate to distribute the redress to them. In such cases, Member States shall ensure that the mandate of the individual consumers concerned is not required. The redress shall be directed to a public purpose serving the collective interests of consumers.
Amendment 236 #
Proposal for a directive Article 6 – paragraph 3 – point b (b) consumers have suffered a small amount of loss and
Amendment 237 #
Proposal for a directive Article 6 – paragraph 3 – point b (b)
Amendment 238 #
Proposal for a directive Article 6 – paragraph 3 a (new) 3 a. Where consumers have suffered a small amount of loss and it would be disproportionate to distribute the redress to them, Member States shall ensure that the mandate of the individual consumers concerned is not required. The redress shall be directed to a public interest serving the collective interests of consumers. The same shall apply to any unclaimed or leftover funds.
Amendment 239 #
Proposal for a directive Article 6 – paragraph 4 Amendment 240 #
Proposal for a directive Article 6 – paragraph 4 4. The redress obtained through a final decision in accordance with paragraphs 1, 2 and 3 shall be without prejudice to any additional rights to redress that the
Amendment 241 #
Proposal for a directive Article 6 – paragraph 4 a (new) 4 a. The redress awarded should not exceed the compensation that would have been awarded if the representative action had been pursued by means of individual action. In particular, Member States shall prohibit any form of (punitive) damages that lead to the overcompensation of the consumer in relation to the damage suffered.
Amendment 242 #
Proposal for a directive Article 7 Amendment 243 #
Proposal for a directive Article 7 – paragraph 1 1. The
Amendment 244 #
Proposal for a directive Article 7 – paragraph 1 1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action.
Amendment 245 #
Proposal for a directive Article 7 – paragraph 1 1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has access to sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail. This may include a guarantee or indemnity from a third party subject also to the provisions of paragraphs 2 and 3 of this Article.
Amendment 246 #
Proposal for a directive Article 7 – paragraph 1 1. The qualified entity seeking a redress order as referred in Article 6(1)
Amendment 247 #
Proposal for a directive Article 7 – paragraph 1 1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient
Amendment 248 #
Proposal for a directive Article 7 – paragraph 1 1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare in detail at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 249 #
Proposal for a directive Article 7 – paragraph 1 a (new) 1 a. Member States shall ensure that in cases where a representative action for redress is funded by a third party: (a) The third party funder has a legal obligation to act in the best interest of the qualified entity (fiduciary duty); (b) The remuneration for the funder is clearly stated in the third party funding agreement to allow consumers obtain effective knowledge on the part of their redress to be paid to the funder; (c) The remuneration for the funder is based on the redress effectively paid to consumers and not on the amount claimed or awarded in the court decision or settlement; (d) The funding agreement may be subject to court scrutiny to ensure it provides fair compensation to consumers.
Amendment 250 #
Proposal for a directive Article 7 – paragraph 1 a (new) 1 a. The unsuccessful party shall bear the costs of the proceedings. However, the court or tribunal shall not award costs to the unsuccessful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.
Amendment 251 #
Proposal for a directive Article 7 – paragraph 2 – introductory part 2. Member States shall ensure that in cases where a representative action for redress is funded by a third party, transparency as to the origin of the funds is ensured and that it is prohibited for the third party:
Amendment 252 #
Proposal for a directive Article 7 – paragraph 2 – point a a (new) (a a) to receive any direct or indirect financial benefit through the litigation process or decision;
Amendment 253 #
Proposal for a directive Article 7 – paragraph 2 – point b (b) to provide financing for a collective representative action against a defendant who is a competitor of the fund provider or against a defendant on whom the fund provider is dependant;
Amendment 254 #
Proposal for a directive Article 7 – paragraph 2 – point b a (new) (ba) to receive any type of financial benefit deriving from the representative action, other than to cover legal costs.
Amendment 255 #
Proposal for a directive Article 7 – paragraph 3 3. Member States shall ensure that
Amendment 256 #
Proposal for a directive Article 7 – paragraph 3 3. Member States shall ensure that courts and administrative authorities
Amendment 257 #
Proposal for a directive Article 8 – paragraph 1 1. Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for
Amendment 258 #
Proposal for a directive Article 8 – paragraph 3 3. Member States shall ensure that the court or administrative authority that issued the final declaratory decision referred to in Article 6(2) is empowered to request the parties to the representative action to reach within a reasonable set time limit a settlement regarding the redress to be provided to
Amendment 259 #
Proposal for a directive Article 8 – paragraph 4 4. The settlements referred to in paragraphs 1, 2 and 3 shall be subject to the scrutiny of the court or administrative authority. The court or administrative authority shall assess the legality and fairness of the settlement, taking into consideration the rights and interests of all parties, including the
Amendment 260 #
Proposal for a directive Article 8 – paragraph 6 6.
Amendment 261 #
Proposal for a directive Article 8 – paragraph 6 6. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1, 2 and 3 and file or pursuit their corresponding individual action. The redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the consumers concerned may have under Union or national law.
Amendment 262 #
Proposal for a directive Article 8 – paragraph 6 6. Individual
Amendment 263 #
Proposal for a directive Article 9 Amendment 264 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually. In addition to the channels of the trader who committed the infringement, this information may also be provided via relevant public authority channels or through the channels of designated qualified entities, in every case at the expense of the trader who committed the infringement.
Amendment 265 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected
Amendment 266 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers
Amendment 267 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1 a. The first paragraph does not prevent qualified entities from informing, from the beginning of the action, the individual consumers concerned, in order to ensure that they can come forward and that relevant documents and other information necessary for the action are kept.
Amendment 268 #
Proposal for a directive Article 9 – paragraph 2 2. The information referred to in paragraph 1 shall include in intelligible language an explanation of the subject- matter of the representative action, its legal consequences and, if relevant, the subsequent steps to be taken by the
Amendment 269 #
Proposal for a directive Article 9 – paragraph 2 a (new) 2 a. All costs the trader incurs due to the information obligation shall be at the trader's charge only to the extent that the outcome is favourable for the claimant group. Otherwise, the claimant group shall reimburse the trader for the costs.
Amendment 270 #
Proposal for a directive Article 9 – paragraph 2 a (new) 2 a. Member States shall ensure that information is made available to the public in an accessible way, on upcoming, ongoing and closed collective actions, including via tangible durable media and online through a public website.
Amendment 271 #
Proposal for a directive Article 9 – paragraph 2 a (new) 2 a. Member States shall ensure that, within their capacities, qualified entities, competent courts and authorities inform consumer organisations and the press about ongoing representative action and its decisions.
Amendment 272 #
Proposal for a directive Article 10 – paragraph 1 Amendment 273 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that an infringement harming collective interests of consumers established in a final decision of an administrative authority or a court, including a final injunction order referred to in Article 5(2)(b), is deemed as irrefutably establishing the existence o
Amendment 274 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that an infringement harming collective interests
Amendment 275 #
Proposal for a directive Article 10 – paragraph 2 Amendment 276 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall ensure that a final decision referred to in paragraph 1, taken in another Member State is considered by their national courts or administrative authorities at least as a rebuttable presumption that an infringement has occurred.
Amendment 277 #
Proposal for a directive Article 10 – paragraph 3 Amendment 278 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall ensure that a final declaratory decision referred to in Article 6(2) is deemed as irrefutably establishing the liability of the trader towards the harmed
Amendment 279 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall ensure that a final declaratory decision referred to in Article 6(2) is deemed as
Amendment 280 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall ensure that a final declaratory decision referred to in Article 6
Amendment 281 #
Proposal for a directive Article 11 – paragraph 1 In accordance with national law, Member States shall ensure that the submission of a representative action as referred to in Articles 5 and 6 shall have the effect of suspending or interrupting limitation periods applicable to any redress actions for the consumers concerned, if the relevant rights are subject to a limitation period under Union or national law.
Amendment 282 #
Proposal for a directive Article 11 – paragraph 1 Member States shall ensure that the submission of a representative action as referred to in Articles 5 and 6 shall have the effect of suspending or interrupting limitation periods applicable to any redress actions for the
Amendment 283 #
Proposal for a directive Article 13 – paragraph 1 Member States shall ensure that, at the request of a qualified entity that has presented reasonably available facts and evidence sufficient to support the representative action, and has indicated further evidence which lies in the control of the defendant, the court or administrative authority may order
Amendment 284 #
Proposal for a directive Article 13 – paragraph 1 Member States shall ensure that, at the request of a qualified entity that has presented reasonably available facts and evidence sufficient to support the representative action, and has indicated further evidence which lies in the control of the defendant, provided such information is precisely described and narrowly limited to what is proportionate, the court or administrative authority may order, in accordance with national procedural rules, that such evidence be presented by the defendant, subject to the applicable Union and national rules on confidentiality.
Amendment 285 #
Proposal for a directive Article 13 – paragraph 1 Member States shall ensure that, at the request of
Amendment 286 #
Proposal for a directive Article 13 – paragraph 1 a (new) Member States shall ensure that the court or administrative authority verifies that a requested evidence is circumscribed as precisely and as narrowly as possible on the basis of reasonable available facts, and that the disclosure is limited to that which is proportionate taking into account the scope and costs of disclosure, and whether the disclosure would include confidential information.
Amendment 287 #
Proposal for a directive Article 13 a (new) Article 13 a Legal representation and lawyers’ fees 1. Member States shall ensure that the lawyers’ remuneration and the method by which it is calculated do no create any incentive to litigation that is unnecessary from the point of view of the interest of any of the parties. 2. Member States shall in principle not permit contingency, fees calculated as a percentage of the clients' net recovery, which risk creating such an incentive. The Member States that allow for contingency fees shall ensure that such fees do not prevent obtaining full compensation by consumers.
Amendment 288 #
Proposal for a directive Article 14 – paragraph 3 3. When deciding about the allocation of revenues from fines Member States shall take into account the collective interests
Amendment 289 #
Proposal for a directive Article 15 – paragraph 1 Amendment 290 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall take the necessary measures to ensure that procedural costs related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in Articles 5 and 6,
Amendment 291 #
Proposal for a directive Article 15 – paragraph 2 2. Member States shall take the necessary measures to ensure that
Amendment 292 #
Proposal for a directive Article 16 – paragraph 1 1. Member States shall take the measures necessary to ensure that any qualified entity designated in advance in one Member State in accordance with Article 4(1) may apply to the courts or administrative authorities of another Member State upon the presentation of the publicly available list referred to in that Article. The courts or administrative authorities shall accept this list as proof of the legal standing of the qualified entity
Amendment 293 #
Proposal for a directive Article 16 – paragraph 1 1. Member States shall take the measures necessary to ensure that any qualified entity designated in advance in one Member State in accordance with Article 4
Amendment 294 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall ensure that where the infringement affects or is likely to affect consumers from different Member States the representative action may be brought to the competent court or administrative authority of a Member State by several qualified entities from different Member States, acting jointly or represented by a single qualified entity, for the protection of the collective interest of consumers from different Member States. In order to ensure efficient cross-border representative action, Member States may ask the European Commission for coordination.
Amendment 295 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall ensure that where the infringement affects or is likely to affect
Amendment 296 #
Proposal for a directive Article 16 a (new) Article 16 a In order to make the possibility of cross- border injunctions more visible, Member States shall ensure that the relevant domestic administrative authorities set up a registry of unlawful acts which have been subject to injunction orders in order to provide a basis for best practice and information to other Member State authorities.
Amendment 297 #
Proposal for a directive Article 18 – paragraph 2 Amendment 298 #
Proposal for a directive Article 18 – paragraph 2 Amendment 299 #
Proposal for a directive Article 18 – paragraph 2 Amendment 300 #
Proposal for a directive Annex I – point 6 Amendment 301 #
Proposal for a directive Annex I – point 16 Amendment 302 #
Proposal for a directive Annex I – point 21 Amendment 303 #
Proposal for a directive Annex I – point 22 Amendment 304 #
Proposal for a directive Annex I – point 23 Amendment 305 #
Proposal for a directive Annex I – point 24 Amendment 306 #
Proposal for a directive Annex I – point 27 Amendment 307 #
Proposal for a directive Annex I – point 34 Amendment 308 #
Proposal for a directive Annex I – point 37 Amendment 309 #
Proposal for a directive Annex I – point 40 Amendment 310 #
Proposal for a directive Annex I – point 41 Amendment 311 #
Proposal for a directive Annex I – point 42 Amendment 312 #
Proposal for a directive Annex I – point 43 Amendment 313 #
Proposal for a directive Annex I – point 48 Amendment 314 #
Proposal for a directive Annex I – point 49 Amendment 315 #
Proposal for a directive Annex I – point 50 Amendment 316 #
Proposal for a directive Annex I – point 52 Amendment 317 #
Proposal for a directive Annex I – point 54 Amendment 318 #
Proposal for a directive Annex I – point 56 Amendment 319 #
Proposal for a directive Annex I – point 57 Amendment 320 #
Proposal for a directive Annex I – point 59 a (new) (59 a) Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union Text with EEA relevance (OJ L 349, 5.12.2014, p. 1–19).
Amendment 321 #
Proposal for a directive Annex I – point 59 a (new) (59 a) Regulation [...] of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications).
Amendment 322 #
Proposal for a directive Annex I – point 59 b (new) (59 b) Directive [...] of the European Parliament and of the Council esablishing the European electronic communications code (recast).
Amendment 323 #
Proposal for a directive Annex I – point 59 c (new) (59 c) Council Directive 91/533/EEC of 14 October1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32–35).
Amendment 324 #
Proposal for a directive Annex I – point 59 d (new) (59 d) Directive1999/70/EC on the Framework Agreement on fixed-term work concluded by ETUC,UNICE and CEEP (OJ L 175, 10.7.1999, p. 43–48).
Amendment 325 #
Proposal for a directive Annex I – point 59 e (new) (59 e) Directive 97/81/EC concerning the Framework Agreement on Part-Time work concluded by UNICE, European Centre of Employers and Enterprises providing Public Services (CEEP) and the European Trade Union Confederation(ETUC) (OJ L 14,20.1.1998, p. 9–14).
Amendment 326 #
Proposal for a directive Annex I – point 59 f (new) (59 f) Directive 2008/104/EC on Temporary Agency Work (OJ L 327, 5.12.2008, p. 9–14).
Amendment 327 #
Proposal for a directive Annex I – point 59 g (new) (59 g) Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed- duration employment relationship or a temporary employment relationship (OJ L 206, 29.7.1991, p.19– 21).
Amendment 328 #
Proposal for a directive Annex I – point 59 h (new) (59 h) Directive2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L299, 18.11.2003, p. 9–19).
Amendment 329 #
Proposal for a directive Annex I – point 59 i (new) (59 i) Directive2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer(Codified version) (OJ L 283, 28.10.2008, p. 36–42).
Amendment 330 #
Proposal for a directive Annex I – point 59 j (new) (59 j) Directive2002/14/EC of the European Parliament and of the Council of 11 March 2002establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29–34).
Amendment 331 #
Proposal for a directive Annex I – point 59 k (new) (59 k) Directive2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (OJ L 122, 16.5.2009, p. 28–44).
Amendment 332 #
Proposal for a directive Annex I – point 59 l (new) (59 l) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p.1–8).
Amendment 333 #
Proposal for a directive Annex I – point 59 m (new) (59 m) Directive2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article16(1) of Council Directive 89/391/EEC) (codified version) (Text with EEA relevance) (OJL 158, 30.4.2004, p. 50–76).
Amendment 334 #
Proposal for a directive Annex I – point 59 n (new) (59 n) Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16–22).
Amendment 335 #
Proposal for a directive Annex I – point 59 o (new) (59 o) Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (OJL 155, 18.6.2009, p. 17– 29).
Amendment 336 #
Proposal for a directive Annex I – point 59 p (new) (59 p) Directive2011/98/EU of the European Parliament and of the Council of 13 December2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third- country workers legally residing in a Member State (OJ L 343, 23.12.2011, p.1– 9).
Amendment 337 #
Proposal for a directive Annex I – point 59 q (new) (59 q) Directive(EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21–57).
Amendment 338 #
Proposal for a directive Annex I – point 59 r (new) (59 r) Regulation(EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004on the coordination of social security systems (Text with relevance for the EEA and for Switzerland) (OJ L 166, 30.4.2004, p. 1– 123).
Amendment 339 #
Proposal for a directive Annex I – point 59 s (new) (59 s) Directive96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L18, 21.1.1997, p. 1–6).
Amendment 37 #
Proposal for a directive – The Committee on Internal Market and Consumer Protection calls on the Committee on Legal Affairs, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 38 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement
Amendment 39 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to enable qualified entities, which represent the collective interest
Amendment 40 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress, such as compensation, re
Amendment 41 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress, such as compensation, repair
Amendment 42 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress for the economic and non-economic damages, such as compensation, repair or price reduction as available under national laws.
Amendment 43 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be
Amendment 44 #
Proposal for a directive Recital 3 (3) A representative action should offer an effective and efficient way of protecting the collective interests
Amendment 45 #
Proposal for a directive Recital 3 (3) A representative action should offer an effective and efficient way of protecting the collective interests of consumers. It should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of Union law and to overcome the obstacles faced by consumers within individual actions with regard to their generally weaker position, such as the uncertainty about their rights and available procedural mechanisms, psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action.
Amendment 46 #
Proposal for a directive Recital 3 (3) A representative action should offer an effective and efficient way of protecting the collective interests of all consumers, without discrimination. It should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of Union law and to overcome the obstacles faced by consumers within individual actions, such as the uncertainty about their rights and available procedural mechanisms, psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action.
Amendment 47 #
Proposal for a directive Recital 4 (4) It is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the Single Market. To prevent the misuse of representative actions, elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed
Amendment 48 #
Proposal for a directive Recital 5 (5) Infringements that affect the collective interests
Amendment 49 #
Proposal for a directive Recital 6 (6) This Directive should cover a
Amendment 50 #
Proposal for a directive Recital 6 (6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, energy, telecommunications, health and environment. It should cover infringements of provisions of Union law which protect public interest and the interests of
Amendment 51 #
Proposal for a directive Recital 6 (6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, energy, telecommunications, competition and environment. It should cover infringements of provisions of Union law which protect the interests of consumers, regardless of whether they are referred to as consumers or as travellers, users, customers, retail investors, retail clients or other in the relevant Union law. To ensure adequate response to infringement to Union law, the form and scale of which is quickly evolving, it should be considered, each time where a new Union act relevant for the protection of the collective interests of consumers is adopted, whether to amend the Annex to the present Directive in order to place it under its scope.
Amendment 52 #
Proposal for a directive Recital 6 (6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, energy, telecommunications
Amendment 53 #
Proposal for a directive Recital 6 (6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, energy, telecommunications and environment. It should cover all infringements of provisions of Union law which protect the interests of consumers, regardless of whether they are referred to as consumers or as travellers, users, customers, retail investors, retail clients, tenants or other in the relevant Union law. To ensure adequate response to infringement to Union law, the form and scale of which is quickly evolving, it should be considered, each time where a new Union act relevant for the protection of the collective interests of consumers is adopted, whether to amend the Annex to the present Directive in order to place it under its scope.
Amendment 54 #
Proposal for a directive Recital 7 Amendment 55 #
Proposal for a directive Recital 7 Amendment 56 #
Proposal for a directive Recital 8 (8) Building on Directive 2009/22/EC, this Directive should cover both domestic and cross-border infringements, in particular when
Amendment 57 #
Proposal for a directive Recital 10 (10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive.
Amendment 58 #
Proposal for a directive Recital 10 (10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods.
Amendment 59 #
Proposal for a directive Recital 10 (10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State
Amendment 60 #
Proposal for a directive Recital 10 (10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. Qualified entities should be registered in a Member State of the European Union. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action.
Amendment 61 #
Proposal for a directive Recital 10 (10) As only qualified entities can bring the representative actions, to ensure that the collective interests
Amendment 62 #
Proposal for a directive Recital 11 Amendment 63 #
Proposal for a directive Recital 11 (11) Independent public bodies where they exist, organisations defending a public interest and consumer organisations in particular should play an active role in ensuring compliance with relevant provisions of Union law and are all well placed to act as qualified entities. Since these entities have access to different sources of information regarding traders' practices towards
Amendment 64 #
Proposal for a directive Recital 11 (11) Independent public bodies
Amendment 65 #
Proposal for a directive Recital 11 a (new) (11 a) Qualified entities should have no structural or financial interrelationship with a third person or organisation that financially benefits of the action by providing legal assistance or financial support.
Amendment 66 #
Proposal for a directive Recital 12 Amendment 67 #
Proposal for a directive Recital 13 (13) To increase the procedural effectiveness of representative actions, qualified entities should have the possibility to seek different measures within a single representative action or within separate representative actions. These measures should include interim measures for stopping an ongoing practice or prohibiting a practice in case the practice has not been carried out but there is a risk that it would cause serious or irreversible harm to consumers, measures establishing that a given practice constitutes an infringement of law and, if necessary, stopping or prohibiting the practice for the future
Amendment 68 #
Proposal for a directive Recital 13 (13) To increase the procedural effectiveness of representative actions, qualified entities should have the possibility to seek different measures within a single representative action or within separate representative actions. These measures should include interim measures for stopping an ongoing practice or prohibiting a practice in case the practice has not been carried out but there is a risk that it would cause serious or irreversible harm to consumers, measures establishing that a given practice constitutes an infringement of law and, if necessary, stopping or prohibiting the practice for the future, as well as measures eliminating the continuing effects of the infringement
Amendment 69 #
Proposal for a directive Recital 14 (14) Injunction orders aim at the protection of the collective interests
Amendment 70 #
Proposal for a directive Recital 15 (15) The qualified entity initiating the representative action under this Directive should be a party to the proceedings. Consumers concerned by the infringement should have adequate opportunities to influence the selection of the lawyers who will represent them in court, to assess their independence and to benefit from the relevant outcomes of the representative action. Injunction orders issued under this Directive should be without prejudice to individual actions brought by consumers harmed by the practice subject to the injunction order.
Amendment 71 #
Proposal for a directive Recital 15 (15) The qualified entity initiating the representative action under this Directive should be a party to the proceedings. Consumers concerned by the infringement should have adequate opportunities to benefit from the relevant outcomes of the representative action. Injunction orders issued under this Directive should be without prejudice to individual actions brought by
Amendment 72 #
Proposal for a directive Recital 16 (16) Qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement.
Amendment 73 #
Proposal for a directive Recital 16 (16) Qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement. These measures should take the form of a redress order for a material or non- material damage obligating the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate and as available under national laws.
Amendment 74 #
Proposal for a directive Recital 16 (16) Qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement. These measures should take the form of a redress order obligating the trader to provide for, inter alia, compensation, repair, replacement, removal, price reduction, contract termination or reimbursement of the price paid, as appropriate and as available under national laws.
Amendment 75 #
Proposal for a directive Recital 17 (17) The compensation awarded to
Amendment 76 #
Proposal for a directive Recital 18 (18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of consumers concerned by an infringement and the questions of fact and law to be resolved within the representative action.
Amendment 77 #
Proposal for a directive Recital 18 (18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of consumers concerned by an infringement and the questions of fact and law to be resolved within the representative action.
Amendment 78 #
Proposal for a directive Recital 18 (18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of
Amendment 79 #
Proposal for a directive Recital 19 Amendment 80 #
Proposal for a directive Recital 19 Amendment 81 #
Proposal for a directive Recital 19 Amendment 82 #
Proposal for a directive Recital 19 (19) Member States should be allowed to decide whether their court or national authority seized of a representative action for redress may exceptionally issue, instead of a redress order, a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement which could be directly relied upon in subsequent redress actions by individual consumers.
Amendment 83 #
Proposal for a directive Recital 19 (19) Member States should be allowed to decide whether their court or national authority seized of a representative action for redress may exceptionally issue, instead of a redress order, a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement which could be directly relied upon in subsequent redress actions by individual consumers. This possibility should be reserved to strictly exceptional and duly justified cases where the quantification of the individual redress to be attributed to each of the consumer concerned by the representative action is extremely complex and it would be inefficient to carry it out within the representative action. Declaratory decisions should not be issued in situations which are not extremely complex and in particular where consumers concerned are identifiable and where the consumers have suffered a comparable harm in relation to a period of time or a purchase. Similarly, declaratory decisions should not be issued where the amount of loss suffered by each of the individual consumers is so small that individual consumers are unlikely to claim for individual redress. The court or the national authority should duly motivate its recourse to a declaratory decision instead of a redress order in a particular case.
Amendment 84 #
Proposal for a directive Recital 20 Amendment 85 #
Proposal for a directive Recital 20 (20) Where consumers concerned by the same practice are identifiable and they suffered comparable harm in relation to a period of time or a purchase, such as in the case of long-term consumer contracts, the court or administrative authority may clearly define the group of consumers concerned by the infringement in the course of the representative action. In particular, the court or administrative authority could ask the infringing trader to provide relevant information, such as the identity of the consumers concerned and the duration of the practice. For expediency and efficiency reasons, in these cases Member States in accordance with their national laws could consider to
Amendment 86 #
Proposal for a directive Recital 20 (20) Where
Amendment 87 #
Proposal for a directive Recital 21 Amendment 88 #
Proposal for a directive Recital 21 Amendment 89 #
Proposal for a directive Recital 21 (21) In low-value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits.
Amendment 90 #
Proposal for a directive Recital 21 (21) In low-value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers, the aggregated loss may be significant. I
Amendment 91 #
Proposal for a directive Recital 21 (21) In low-value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers, the aggregated loss may be significant. In such cases, a court or authority may consider that it is disproportionate to distribute the funds back to the consumers concerned, for example because it is too onerous or impracticable. Therefore the funds received as redress through representative actions would better serve the purposes of the protection of collective interests of consumers and should be directed to a relevant public purpose, such as a consumer legal aid fund, awareness campaigns or consumer movements. In such low-value cases, a court or administrative authority should not ask for a definition of the group of consumers concerned by the infringement.
Amendment 92 #
Proposal for a directive Recital 22 Amendment 93 #
Proposal for a directive Recital 22 Amendment 94 #
Proposal for a directive Recital 22 (22) Measures aimed at eliminating the continuing effects of the infringement may be sought only on the basis of a final decision, establishing an infringement of Union law covered by the scope of this Directive harming collective interest of consumers, including a final injunction order issued within the representative action. In particular, measures eliminating the continuing effects of the infringement may be sought on the basis of final decisions of a court or administrative authority in the context of enforcement activities regulated by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004
Amendment 95 #
Proposal for a directive Recital 22 (22) Measures aimed at eliminating the continuing effects of the infringement may be sought
Amendment 96 #
Proposal for a directive Recital 23 (23) This Directive provides for a procedural mechanism, which does not affect the rules establishing substantive rights of
Amendment 97 #
Proposal for a directive Recital 24 (24) This Directive does not replace existing national collective redress mechanisms. Taking into account their legal traditions, it leaves it to the discretion of the Member States whether to design the representative action set out by this Directive as a part of an existing or future collective redress mechanism or as an alternative to these mechanisms, insofar as the national mechanism complies with the m
Amendment 98 #
Proposal for a directive Recital 25 (25) Qualified entities should be fully transparent about the source of funding of their activity in general and regarding the funds supporting a specific representative action for redress in order to enable courts or administrative authorities to assess whether there may be a conflict of interest between the third party funder and the qualified entity and to avoid risks of abusive litigation as well as to assess whether the funding third party has sufficient resources in order to meet its financial commitments to the qualified entity. The information provided by the qualified entity to the court or administrative authority overseeing the representative action should enable it to assess whether the third party may influence procedural decisions of the qualified entity in the context of the representative action, including on settlements and whether it provides financing for a representative action for redress against a defendant who is a competitor of the fund provider or against a defendant on whom the fund provider is dependant. If any of these circumstances is confirmed, the court or administrative authority should be empowered to require the qualified entity to refuse the relevant funding and, if necessary, reject standing of the qualified entity in a specific case and so close an action.
Amendment 99 #
Proposal for a directive Recital 26 (26) Collective out-of-court settlements aimed at providing redress to harmed consumers should be encouraged both before the representative action is brought and at any stage of the representative action. Member States should ensure that collective ADR schemes are available as a complementary procedure which ensures that EU consumers have access to the quality-ensured out-of-court dispute resolution systems for both domestic and cross-border contractual disputes.
source: 628.456
2018/10/16
TRAN
63 amendments...
Amendment 23 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress, such as compensation, repair
Amendment 24 #
Proposal for a directive Recital 7 Amendment 25 #
Proposal for a directive Recital 7 (7) The Commission has adopted legislative proposals for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of
Amendment 26 #
Proposal for a directive Recital 16 (16) Qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement. These measures should take the form of a redress order obligating the trader to provide for, inter alia, compensation, repair, replacement, removal, price reduction, contract termination or reimbursement of the price paid, as appropriate and as available under national laws.
Amendment 27 #
Proposal for a directive Recital 21 (21) In low-value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers, the aggregated loss may be significant. In such cases, notwithstanding the right of individual consumers to claim compensation, a court or authority may consider that, it is disproportionate to distribute the funds back to the consumers concerned, for example because it is too onerous or impracticable. Therefore the funds received as redress through representative actions would better serve the purposes of the protection of collective interests of consumers and should be directed to a relevant public purpose, such as a consumer legal aid fund, awareness campaigns or consumer movements. The funds should not be assigned to the qualified entity having brought the action, to avoid conflicts of interest.
Amendment 28 #
Proposal for a directive Recital 23 (23) This Directive provides for a procedural mechanism, which does not affect the rules establishing substantive rights of consumers to contractual and non- contractual remedies in case their interests have been harmed by an infringement, such
Amendment 29 #
Proposal for a directive Recital 25 (25) Qualified entities should, throughout each phase of the process, be fully transparent about the source of funding of their activity in general and regarding the funds supporting a specific representative action for redress in order to enable courts or administrative authorities to assess whether there may be a conflict of interest between the third party funder and the qualified entity and to avoid risks of abusive litigation as well as to assess whether the funding third party has sufficient resources in order to meet its financial commitments to the qualified entity. The information provided by the qualified entity to the court or administrative authority overseeing the representative action should enable it to assess whether the third party may influence procedural decisions of the qualified entity in the context of the representative action, including on settlements and whether it provides financing for a representative action for redress against a defendant who is a competitor of the fund provider or against a defendant on whom the fund provider is dependant. If any of these circumstances is confirmed, the court or administrative authority should be empowered to require
Amendment 30 #
Proposal for a directive Recital 32 (32) To be effective, the information should be adequate and proportional to the circumstances of the case. The infringing trader
Amendment 31 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests
Amendment 32 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers in case of mass harm, while ensuring appropriate safeguards to avoid abusive litigation.
Amendment 33 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall not prevent Member States from adopting or
Amendment 34 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive aims at minimum harmonisation and shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national level.
Amendment 35 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to representative actions brought against infringements by manufacturers and/or suppliers of goods and services as well as traders of provisions of the Union law listed in Annex I that harm or may harm any public interest, including, but not limited to, the collective interests
Amendment 36 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law listed in Annex I that
Amendment 37 #
Proposal for a directive Article 2 – paragraph 1 a (new) 1a. The representative action shall not replace the right of consumer to receive individual compensation, provided by specific Union law, in case of infringement by traders of provisions of Union law.
Amendment 38 #
Proposal for a directive Article 2 – paragraph 2 2. This Directive shall not affect rules establishing contractual and non- contractual remedies available
Amendment 39 #
Proposal for a directive Article 2 – paragraph 3 a (new) 3a. This Directive shall not apply to Union law under revision as listed in Annex III (new).
Amendment 40 #
Proposal for a directive Article 3 – paragraph 1 – point 1 (1) ‘consumer’ means any natural person who is acting for purposes which are outside their trade, business, craft or profession or who is a user of the offered products and services;
Amendment 41 #
Proposal for a directive Article 3 – paragraph 1 – point 6 Amendment 42 #
Proposal for a directive Article 3 – paragraph 1 – point 6 a (new) (6a) ‘Mass harm’ means a widespread infringement with a Union dimension by traders of provisions of the Union law listed in Annex I that harm or may harm the collective interest of a considerable number of consumers;
Amendment 43 #
Proposal for a directive Article 3 – paragraph 1 – point 6 b (new) (6b) ‘widespread infringement with a Union dimension’ means a widespread infringement that has done, does or is likely to do harm to the collective interests of consumers in at least two-thirds of the Member States, accounting, together, for at least two-thirds of the population of the Union.
Amendment 44 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point a (a) it is properly constituted according to the law of a Member State and is registered on a list at the competent ministry of the company's Member State;
Amendment 45 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point a (a) it is properly constituted according to the law of a Member State and limited to independent public bodies’ consumer organisations and business associations;
Amendment 46 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point a a (new) (aa) it has been established for at least three years and has been active continuously over the preceding three years;
Amendment 47 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c (c) it
Amendment 48 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c a (new) (ca) Member States communicate to the Commission the list of qualified entities and any updates.
Amendment 49 #
Proposal for a directive Article 4 – paragraph 3 3. Member States shall ensure that established or ad-hoc organisations defending a public interest, in particular consumer organisations and independent public bodies are eligible for the status of qualified entity. Member States may designate as qualified entities
Amendment 50 #
Proposal for a directive Article 4 – paragraph 4 Amendment 51 #
Proposal for a directive Article 4 – paragraph 5 5. The compliance by a qualified entity with the criteria referred to in paragraph 1 is without prejudice to the
Amendment 52 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 In order to seek injunction orders, qualified entities shall
Amendment 53 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. A redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, removal, price reduction, contract termination or reimbursement of the price paid, as appropriate.
Amendment 54 #
Proposal for a directive Article 5 – paragraph 3 Amendment 55 #
Proposal for a directive Article 5 – paragraph 4 4. Without prejudice to Article 4(4), Member States shall ensure that qualified entities are able to seek the measures
Amendment 56 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order
Amendment 57 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, removal, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued.
Amendment 58 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State
Amendment 59 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State
Amendment 60 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 2 The qualified entity shall provide sufficient information as required under national law to support the action, including a description of the consumers concerned by the action and the questions of fact and law to be resolved and a demonstration that the claim procedure has been exhausted where consumers rights are protected by pre-defined claim-based regulations.
Amendment 61 #
Proposal for a directive Article 6 – paragraph 2 2.
Amendment 62 #
Proposal for a directive Article 6 – paragraph 3 – point a Amendment 63 #
Proposal for a directive Article 6 – paragraph 3 – point b Amendment 64 #
Proposal for a directive Article 6 – paragraph 3 – point b (b) consumers have suffered a small amount of loss and it would be disproportionate to distribute the redress to them. In such cases, Member States shall ensure that the mandate of the individual consumers concerned is not required. The redress shall be directed to a public purpose serving the collective interests of consumers, notwithstanding the right of consumers to claim individual compensation. Payments to individual consumers for compensation purposes shall be deducted from the redress directed to a public purpose. Member States must ensure that the qualified entity having brought the action and the institution receiving the redress are separate and independent bodies.
Amendment 65 #
Proposal for a directive Article 6 – paragraph 3 a (new) 3a. The information to be provided by the qualified entities further to article 6.2.ii shall include the following: (i) the identity of the qualified entity and its legitimate interest in the relevant provisions of Union law; (ii) all possible steps of the collective procedure and their expected duration; (iii) ways or the lack thereof for the involved consumers to influence the decisions of the qualified entity with regard to the collective procedure individually or collectively; (iv) clear information on any costs related to the collective procedure which may be charged to or withheld in any way from the individual consumers, including a calculation example of how such costs may impact the possible compensation or other form of redress which individual consumers may receive; and (v) detailed information on how and when the individual consumers will receive their compensation or other form of redress in case the collective procedure proves to be successful.
Amendment 66 #
Proposal for a directive Article 7 – paragraph 1 1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient
Amendment 67 #
Proposal for a directive Article 7 – paragraph 1 1. The qualified entity seeking a
Amendment 68 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers and workers, as well as the general public at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually.
Amendment 69 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that the court or administrative authority shall require the
Amendment 70 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned
Amendment 71 #
Proposal for a directive Article 9 – paragraph 2 2. The information referred to in paragraph 1 shall include in
Amendment 72 #
Proposal for a directive Article 9 – paragraph 2 a (new) 2a. Member States shall ensure that information is provided to the public in an accessible way on upcoming, ongoing and closed collective action, i.e. on a public website.
Amendment 73 #
Proposal for a directive Article 13 – paragraph 1 Member States shall ensure that, at the request of a qualified entity that has presented reasonably available facts and evidence sufficient to support the representative action, and has indicated further evidence which lies in the control of the defendant, the court or administrative authority may order
Amendment 74 #
Proposal for a directive Article 18 – paragraph 2 Amendment 75 #
Proposal for a directive Article 18 – paragraph 2 Amendment 76 #
Proposal for a directive Article 18 – paragraph 2 2. After two years after the entry into force of the revised rules on air and rail passenger rights the Commission shall assess whether they offer a level of protection of the rights of consumers comparable to that provided for under this Directive. Where that is not the case, the Commission shall evaluate the necessity to make appropriate proposals, which may consist in particular in introducing the acts referred to above in the Annex I of this Directive as defined in Article 2. No later than one year after the entry into force of this Directive, the Commission shall assess whether the rules con
Amendment 77 #
Proposal for a directive Annex I – point 10 Amendment 78 #
Proposal for a directive Annex I – point 10 Amendment 79 #
Proposal for a directive Annex I – point 15 Amendment 80 #
Proposal for a directive Annex I – point 15 Amendment 81 #
Proposal for a directive Annex I – point 31 Amendment 82 #
Proposal for a directive Annex I – point 32 Amendment 83 #
Proposal for a directive Annex I – point 59 a (new) (59a) EU legislation based on the UN charter of accessibility for persons with disabilities as well as the 'accessibility act' for persons with disabilities and persons with reduced mobility (PRMs)
Amendment 84 #
Proposal for a directive Annex II a (new) ANNEX III LIST OF UNION LAW REFERRED TO IN ARTICLE 2(4)
Amendment 85 #
Proposal for a directive Annex II b (new) (1) Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. I).
source: 628.711
2018/11/08
JURI
589 amendments...
Amendment 100 #
Proposal for a directive Recital 14 (14) Injunction orders aim at the protection of the collective interests of consumers or citizens independently of any actual loss or damage suffered by individual consumers or citizens. Injunction orders may require traders to take specific action, such as providing consumers or citizens with the information previously omitted in violation of legal obligations. Decisions establishing that a practice constitutes an infringement should not depend on whether the practice was committed intentionally or by negligence.
Amendment 101 #
Proposal for a directive Recital 14 (14) Injunction orders aim at the protection of the collective interests
Amendment 102 #
Proposal for a directive Recital 15 (15) The qualified entity initiating the representative action under this Directive should be a party to the proceedings. Consumers concerned by the infringement should have adequate opportunities to influence the selection of the lawyers who will represent them in court, to assess their independence and to benefit from the relevant outcomes of the representative action. Injunction orders issued under this Directive should be without prejudice to individual actions brought by consumers harmed by the practice subject to the injunction order.
Amendment 103 #
Proposal for a directive Recital 15 (15) The qualified entity initiating the representative action under this Directive should be a party to the proceedings. Consumers concerned by the infringement should have adequate
Amendment 104 #
Proposal for a directive Recital 15 (15) The qualified entity initiating the representative action under this Directive should be a party to the proceedings. Consumers or citizens concerned by the infringement should have adequate opportunities to benefit from the relevant outcomes of the representative action. Injunction orders issued under this Directive should be without prejudice to individual actions brought by consumers or citizens harmed by the practice subject to the injunction order.
Amendment 105 #
Proposal for a directive Recital 15 (15) The qualified entity initiating the representative action under this Directive should be a party to the proceedings.
Amendment 106 #
Proposal for a directive Recital 16 (16) Qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement. These measures should take the form of a redress order for a material or non- material damage obligating the trader to provide for, inter alia, in case of consumers, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, in case of workers, compensation or reinstatement after unlawful dismissals, or in case of environmental damage or violation of fundamental rights, compensation or repair of the damage causes, as appropriate and as available under national laws.
Amendment 107 #
Proposal for a directive Recital 16 (16) Qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement. These measures should take the form of a
Amendment 108 #
Proposal for a directive Recital 17 (17) The compensation awarded to consumers or citizens harmed in a mass harm situation should not exceed the amount owed by the trader in accordance with the applicable national or Union Law in order to cover the actual harm suffered by them. In particular, punitive damages, leading to overcompensation in favour of the claimant party of the damage suffered, should be avoided.
Amendment 109 #
Proposal for a directive Recital 17 (17) The compensation awarded to
Amendment 110 #
Proposal for a directive Recital 18 (18) Member States
Amendment 111 #
Proposal for a directive Recital 18 (18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of consumers concerned by an infringement and the questions of fact and law to be resolved within the representative action.
Amendment 112 #
Proposal for a directive Recital 18 (18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of consumers concerned by an infringement and the questions of fact and law to be resolved within the representative action. The qualified entity should not be required to individually identify all consumers concerned by an infringement in order to initiate the action.
Amendment 113 #
Proposal for a directive Recital 18 (18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description
Amendment 114 #
Proposal for a directive Recital 18 (18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of
Amendment 115 #
Proposal for a directive Recital 19 Amendment 116 #
Proposal for a directive Recital 19 Amendment 117 #
Proposal for a directive Recital 19 Amendment 118 #
Proposal for a directive Recital 19 (19) Member States should be allowed to decide whether their court or national authority seized of a representative action for redress may exceptionally issue, instead of a redress order, a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement which could be directly relied upon in subsequent redress actions by individual consumers.
Amendment 119 #
Proposal for a directive Recital 19 (19) Member States should
Amendment 120 #
Proposal for a directive Recital 19 (19) Member States should be allowed to decide whether their court or national authority seized of a representative action for redress may
Amendment 121 #
Proposal for a directive Recital 19 (19) Member States should be allowed
Amendment 122 #
Proposal for a directive Recital 20 Amendment 123 #
Proposal for a directive Recital 20 (20) Where consumers or citizens concerned by the same practice are identifiable and they suffered comparable harm in relation to a period of time or a purchase, such as in the case of long-term consumer contracts, the court or administrative authority may clearly define the group of consumers or citizens concerned by the infringement in the course of the representative action. In particular, the court or administrative authority could ask the infringing trader to provide relevant information, such as the identity of the consumers or citizens concerned and the duration of the practice. For expediency and efficiency reasons, in these cases Member States in accordance with their national laws could consider to provide consumers or citizens with the possibility to directly
Amendment 124 #
Proposal for a directive Recital 20 (20) Where consumers concerned by the same practice are identifiable and they suffered comparable harm in relation to a period of time or a purchase, such as in the case of long-term consumer contracts, the court or administrative authority may clearly define the group of consumers concerned by the infringement in the course of the representative action. In particular, the court or administrative authority could ask the
Amendment 125 #
Proposal for a directive Recital 20 (20) Where
Amendment 126 #
Proposal for a directive Recital 21 Amendment 127 #
Proposal for a directive Recital 21 Amendment 128 #
Proposal for a directive Recital 21 (21) In low-value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers, the aggregated loss may be significant.
Amendment 129 #
Proposal for a directive Recital 21 (21) In low-value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers, the aggregated loss may be significant.
Amendment 130 #
Proposal for a directive Recital 21 (21) In low-value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers, the aggregated loss may be significant. In such cases, a court or authority
Amendment 131 #
Proposal for a directive Recital 21 (21) In low-value cases
Amendment 132 #
Proposal for a directive Recital 21 (21) In low-value cases most consumers or citizens are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers or citizens, the aggregated loss may be significant. In such cases, a court or authority may consider that it is disproportionate to distribute the funds back to the consumers or citizens concerned, for example because it is too onerous or impracticable. Therefore the funds received as redress through representative actions would better serve the purposes of the protection of collective interests of consumers or citizens and should be directed to
Amendment 133 #
Proposal for a directive Recital 21 (21) In low-value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers, the aggregated loss may be significant. In
Amendment 134 #
Proposal for a directive Recital 22 Amendment 135 #
Proposal for a directive Recital 22 (22) Measures aimed at eliminating the continuing effects of the infringement may be sought only on the basis of a final decision, establishing an infringement of Union law covered by the scope of this Directive harming collective interest of consumers, including a final injunction order issued within the representative action. In particular, measures eliminating the continuing effects of the infringement may be sought on the basis of final decisions of a court or administrative authority in the context of enforcement activities regulated by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/200432.
Amendment 136 #
(22) Measures
Amendment 137 #
Proposal for a directive Recital 22 (22) Measures aimed at eliminating the continuing effects of the infringement may be sought
Amendment 138 #
Proposal for a directive Recital 22 (22) Measures aimed at eliminating the continuing effects of the infringement may be sought only on the basis of a final
Amendment 139 #
Proposal for a directive Recital 23 (23) This Directive provides for a procedural mechanism, which does not affect the rules establishing substantive rights
Amendment 140 #
Proposal for a directive Recital 23 (23) This Directive provides for a standard procedural mechanism that is harmonised at European level, which does not affect the rules establishing substantive rights of consumers to contractual and non- contractual remedies in case their interests have been harmed by an infringement, such as the right to compensation for damages, contract termination, reimbursement, replacement, repair or price reduction. A representative action seeking redress under this Directive can only be brought where Union or national law provides for such substantive rights.
Amendment 141 #
Proposal for a directive Recital 24 (24) This Directive aims at a minimum harmonisation and does not replace existing national collective redress mechanisms. Taking into account their legal traditions, it leaves it to the discretion of the Member States whether to design the representative action set out by this Directive as a part of an existing or future collective redress mechanism or as an alternative to these mechanisms, insofar as the national mechanism complies with the modalities set by this Directive.
Amendment 142 #
Proposal for a directive Recital 24 (24) This Directive concerns only cross- border cases and does not replace existing national collective redress mechanisms. Taking into account their legal traditions, it leaves it to the discretion of the Member States whether to design the representative action set out by this Directive as a part of an existing or future collective redress mechanism or as an alternative to these mechanisms, insofar as the national mechanism complies with the modalities set by this Directive.
Amendment 143 #
Proposal for a directive Recital 24 (24) This Directive does not replace existing national collective redress mechanisms. Taking into account their legal traditions, it leaves it to the discretion of the Member States whether to design the representative action set out by this Directive as a part of an existing or future collective redress mechanism or as an alternative to these mechanisms, insofar as the national mechanism complies with the m
Amendment 144 #
Proposal for a directive Recital 25 (25) Qualified entities should be fully transparent about the source of funding of their activity in general and regarding the funds supporting a specific representative action for redress in order to enable courts or administrative authorities to assess whether there may be a conflict of interest
Amendment 145 #
Proposal for a directive Recital 25 (25) Qualified entities should be fully transparent about the source of funding of their activity in general and regarding the funds supporting a specific representative action for redress in order to enable courts or administrative authorities to assess whether there may be a conflict of interest
Amendment 146 #
Proposal for a directive Recital 25 (25) Qualified entities should be independent and fully transparent about the source of funding of their activity in general and regarding the funds supporting a specific representative action for redress in order to enable courts or administrative authorities to assess whether there may be a conflict of interest between the third party funder and the qualified entity and to avoid risks of abusive litigation as well as to assess whether the funding third party has sufficient resources in order to meet its financial commitments to the qualified
Amendment 147 #
Proposal for a directive Recital 26 (26) Collective out-of-court settlements aimed at providing redress to harmed consumers or citizens should be encouraged both before the representative action is brought and at any stage of the representative action. This possibility should under no circumstances jeopardize the right to access to justice.
Amendment 148 #
Proposal for a directive Recital 26 (26) Collective out-of-court settlements, mediation and/or conciliation, aimed at providing redress to harmed consumers should be encouraged both before the representative action is brought and at any stage of the representative action.
Amendment 149 #
Proposal for a directive Recital 26 (26) Collective out-of-court settlements aimed at providing redress to harmed
Amendment 150 #
Proposal for a directive Recital 27 (27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers or citizens affected by an allegedly illegal
Amendment 151 #
Proposal for a directive Recital 27 (27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it. Such request should be admitted by the court or administrative authority only if there is no other ongoing representative action regarding the same practice. A competent court or administrative authority approving such collective settlement must take into consideration the interests and rights of all parties concerned, including individual consumers.
Amendment 152 #
Proposal for a directive Recital 27 (27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for
Amendment 153 #
Proposal for a directive Recital 28 (28) The court and administrative authority should have the power to invite the infringing trader and the qualified entity which brought the representative action to enter into negotiations aimed at reaching a settlement on redress to be
Amendment 154 #
Proposal for a directive Recital 28 (28) The court and administrative authority should have the power to invite the infringing trader and the qualified entity which brought the representative action to enter into negotiations aimed at reaching a settlement on redress to be provided to consumers or citizens concerned. The decision of whether to invite the parties to settle a dispute out-of- court should take into account the type of the infringement to which the action relates, the characteristics of the consumers or citizens concerned, the possible type of redress to be offered, the willingness of the parties to settle and the expediency of the procedure.
Amendment 155 #
Proposal for a directive Recital 28 (28) The court and administrative authority should have the power to invite the infringing trader and the qualified entity which brought the representative action to enter into negotiations aimed at reaching a settlement on redress to be provided to
Amendment 156 #
Proposal for a directive Recital 29 Amendment 157 #
Proposal for a directive Recital 29 (29) In order to facilitate redress for individual consumers or citizens sought on the basis of final declaratory decisions regarding the liability of the trader towards the consumers harmed by an infringement issued within representative actions, the court or administrative authority that issued the decision should be empowered to request the qualified entity and the trader to reach a collective settlement.
Amendment 158 #
Proposal for a directive Recital 30 (30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned.
Amendment 159 #
Proposal for a directive Recital 30 (30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned. Individual consumers or citizens concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
Amendment 160 #
Proposal for a directive Recital 30 (30) Any out-of-court settlement reached within the context of a representative action
Amendment 161 #
Proposal for a directive Recital 31 (31) Ensuring that
Amendment 162 #
Proposal for a directive Recital 31 (31) Ensuring that consumers are informed about a representative action is crucial for its success. Consumers should be informed of ongoing representative action, the fact that a trader's practice has been considered as a breach of law, their rights following the establishment of an infringement and any subsequent steps to
Amendment 163 #
Proposal for a directive Recital 31 (31) Ensuring that consumers are informed about a representative action is crucial for its success and for their rights to be upheld. Consumers should be informed of ongoing representative action, the fact that a trader's practice has been considered as a breach of law, their rights following the establishment of an infringement, the way in which they could afterwards benefit and any subsequent steps to be taken by consumers concerned, particularly for obtaining redress.
Amendment 164 #
Proposal for a directive Recital 31 (31) Ensuring that consumers or citizens are informed about a representative action is crucial for its success. Consumers or citizens should be informed of ongoing representative action, the fact that a trader's practice has been considered as a breach of law, their rights following the establishment of an infringement and any subsequent steps to be taken by consumers or citizens concerned, particularly for obtaining redress. The reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer or citizens’ rights.
Amendment 165 #
Proposal for a directive Recital 32 (32) To be effective, the information should be accessible, adequate and proportional to the circumstances of the case. The infringing trader should adequately inform all
Amendment 166 #
Proposal for a directive Recital 32 (32) To be effective, the information should be adequate and proportional to the circumstances of the case. The infringing trader should adequately inform all consumers or citizens concerned of a final injunction and redress orders issued within the representative action as well as of a settlement approved by a court or administrative authority. Such information may be provided for instance on the trader's website, social media, online market places, or in popular newspapers, including those distributed exclusively by electronic means of communication. If possible, consumers or citizens should be informed individually through electronic or paper letters. This information should be provided in accessible formats for persons with disabilities upon request.
Amendment 167 #
Proposal for a directive Recital 32 (32) To be effective, the information should be adequate and proportional to the circumstances of the case.
Amendment 168 #
Proposal for a directive Recital 32 a (new) (32a) Member States should be encouraged to set up a national register for representative actions free of charge, which could further enhance the transparency obligations.
Amendment 169 #
Proposal for a directive Recital 33 (33) To enhance legal certainty, avoid inconsistency in the application of Union law and to increase the effectiveness and
Amendment 170 #
Proposal for a directive Recital 33 (33) To enhance legal certainty, avoid inconsistency in the application of Union law and to increase the effectiveness and procedural efficiency of representative actions and of possible follow-on actions for redress, the finding of an infringement or a non-infringement established in a final decision, including a final injunction order under this Directive, issued by an administrative authority or a court should not be relitigated in
Amendment 171 #
Proposal for a directive Recital 34 Amendment 172 #
Proposal for a directive Recital 34 (34) Member States should ensure that individual actions for redress may be based on a final, reasoned decision or, exceptionally, on a final, reasoned declaratory decision issued within a representative action. Such actions should be available through expedient and simplified procedures.
Amendment 173 #
Proposal for a directive Recital 35 (35) Actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed consumers under this Directive should not be hindered by national rules on limitation periods. The submission of a representative action shall have the effect of suspending or interrupting the limitation periods for any redress actions for the consumers
Amendment 174 #
Proposal for a directive Recital 35 (35) Actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed consumers under this Directive should not be
Amendment 175 #
Proposal for a directive Recital 35 (35) Actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed consumers or citizens under this Directive should not be hindered by national rules on limitation periods. The submission of a representative action shall have the effect of suspending or interrupting the limitation periods for any redress actions for the consumers concerned by this action.
Amendment 176 #
Proposal for a directive Recital 35 (35) Actions for redress based on the establishment of an infringement by a final injunction order
Amendment 177 #
Proposal for a directive Recital 36 (36) Representative actions for injunction orders
Amendment 178 #
(37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumers concerned by an infringement, deciding on redress and adequately informing consumers concerned by a representative action about the ongoing proceedings and its final outcomes. However,
Amendment 179 #
Proposal for a directive Recital 37 (37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the
Amendment 180 #
Proposal for a directive Recital 37 (37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumers or citizens concerned by an infringement, deciding on redress and adequately informing consumers or citizens concerned by a representative action about the ongoing proceedings and its final outcomes. However, business-to-consumer or business-to-citizens relationships are characterised by information asymmetry and the necessary information may be held exclusively by the trader, making it inaccessible to the qualified entity. Qualified entities should therefore be afforded the right to request to the competent court or administrative authority the disclosure by the trader of evidence relevant to their claim or needed for adequately informing consumers or citizens concerned about the representative action, without it being necessary for them to specify individual items of evidence. The need, scope and proportionality of such disclosure should be carefully assessed by the court or administrative authority overseeing the representative action having regard to the protection of legitimate interests of third parties and subject to the applicable Union and national rules on confidentiality.
Amendment 181 #
Proposal for a directive Recital 37 (37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumers concerned by an infringement, deciding on redress and adequately informing consumers concerned by a representative action about the ongoing proceedings and its final outcomes. However, business-to-consumer relationships are characterised by information asymmetry and the necessary information may be held exclusively by the trader, making it inaccessible to the qualified entity. Qualified entities should therefore be afforded the right to request to the competent court or administrative authority the disclosure by the trader of evidence relevant to their claim or needed for adequately informing consumers concerned about the representative action
Amendment 182 #
Proposal for a directive Recital 38 (38) In order to ensure the effectiveness of the representative actions
Amendment 183 #
Proposal for a directive Recital 39 (39) Having regard to the fact that representative actions pursue a public interest by protecting the collective interests of consumers, Member States should ensure that qualified entities are not prevented from bringing representative actions under this Directive because of the costs involved with the procedures. However, subject to the relevant conditions under national provisions, this should be without prejudice to the fact that the party that loses a representative action reimburses necessary legal costs borne by the winning party (‘loser pays principle’). The unsuccessful party should bear the costs of the proceedings. However, the court or administrative authority should not award costs to the successful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.
Amendment 184 #
Proposal for a directive Recital 39 (39) Having regard to the fact that representative actions pursue a public interest by protecting the collective interests of consumers or citizens, Member States should ensure that qualified entities are not prevented from bringing representative actions under this Directive because of the costs involved with the procedures.
Amendment 185 #
Proposal for a directive Recital 39 (39) Having regard to the fact that representative actions pursue a public interest by protecting
Amendment 186 #
Proposal for a directive Recital 39 a (new) (39a) Member States should ensure that contingency fees are avoided and lawyers’ remuneration and the method by which it is calculated do no create any incentive to litigation that is unnecessary from the point of view of the interest of consumers or any of the parties concerned and could prevent consumers to fully benefit from the representative action. The Member States that allow for contingency fees should ensure that such fees do not prevent obtaining full compensation by consumers.
Amendment 187 #
Proposal for a directive Recital 39 a (new) (39a) In order to apply the "loser pays principle", Member States should foresee that the party that loses a collective redress action reimburses the necessary legal costs borne by the winning party.
Amendment 188 #
Proposal for a directive Recital 39 b (new) (39b) In order to avoid creating incentives to litigation, Member States should prohibit contingency fees and success-based boni for lawyers and/or other legal representatives.
Amendment 189 #
Proposal for a directive Recital 40 (40) Cooperation and exchange of information, good practices and experience between qualified entities from different Member States have proven to be useful in addressing cross-border infringements. There is a need for continuing and expanding the capacity- building and cooperation measures to a larger number of qualified entities across the Union in order to increase the use of representative actions with cross-border implications.
Amendment 190 #
Proposal for a directive Recital 41 (41) In order to effectively tackle infringements with cross-border implications the mutual recognition of the legal standing of qualified entities designated in advance in one Member State
Amendment 191 #
Proposal for a directive Recital 41 (41) In order to effectively tackle infringements with cross-border implications the mutual recognition of the legal standing of qualified entities designated in advance in one Member State to seek representative action in another Member State should be ensured. Furthermore, qualified entities from different Member States should be able to join forces within a single representative action in front of a single forum, subject to relevant rules on competent jurisdiction. For reasons of efficiency and effectiveness, one qualified entity should be able to bring a representative action in the name of other qualified entities representing consumers or citizens from different Member States.
Amendment 192 #
Proposal for a directive Recital 41 (41) In order to effectively tackle infringements with cross-border implications the mutual recognition of the legal standing of qualified entities designated in advance in one Member State to seek representative action in another Member State should be ensured. Furthermore, qualified entities from different Member States should be able to join forces within a single representative action in front of a single forum, subject to relevant rules on competent jurisdiction. For reasons of efficiency and effectiveness, one qualified entity should be able to bring a representative action in the name of other qualified entities representing
Amendment 193 #
Proposal for a directive Recital 41 (
Amendment 194 #
Proposal for a directive Recital 41 a (new) (41a) In order to explore the possibility of having a procedure at Union level for cross-border representative actions, the Commission should assess the possibility of establishing a European Ombudsman for collective redress.
Amendment 195 #
Proposal for a directive Recital 42 (42) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. Accordingly, this Directive should be interpreted and applied in accordance
Amendment 196 #
Proposal for a directive Recital 44 (44) The objectives of this Directive, namely establishing a representative action mechanism for the protection of the collective interests of consumers or citizens in order to ensure a high level of consumer or citizens protection across the Union and the proper functioning of the internal market, cannot be sufficiently achieved by actions taken exclusively by Member States, but can rather, due to cross-border implications of representative actions, be better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 197 #
(44) The objectives of this Directive, namely establishing a representative action mechanism for the protection of the collective interests of consumers in order to ensure a uniformly high level of consumer protection across the Union and the proper functioning of the internal market, cannot be sufficiently achieved by actions taken exclusively by Member States, but can rather, due to cross-border implications of representative actions, be better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 198 #
Proposal for a directive Recital 44 (
Amendment 199 #
Proposal for a directive Recital 44 (44) The objectives of this Directive, namely establishing a representative action mechanism for the protection of
Amendment 200 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of
Amendment 201 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers in case of mass harm, while ensuring appropriate safeguards to avoid abusive litigation.
Amendment 202 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers or citizens, while ensuring appropriate safeguards to avoid abusive litigation.
Amendment 203 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive sets out rules enabling
Amendment 204 #
Proposal for a directive Article 1 – paragraph 1 1. This Directive sets out rules enabling qualified entities to seek
Amendment 205 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive aims at minimum harmonisation and shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national level, provided that these provisions ensure equivalent or higher degree of protection of the collective interests of the consumers.
Amendment 206 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the
Amendment 207 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned
Amendment 208 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive
Amendment 209 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to ensure a higher level of protection or to grant qualified entities or any other persons concerned
Amendment 210 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned
Amendment 211 #
Proposal for a directive Article 1 – paragraph 2 2.
Amendment 212 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law including those listed in Annex I that harm or may harm the collective interests of consumers or citizens. Such interests may consist in, but are not limited to, the enforcement of rules of consumer protection, competition, environment protection, protection of personal data, protection in energy and telecommunications markets, passenger rights, product and food safety and information, health and medical services, financial services and investor protection. It shall apply to domestic and cross-border infringements, including where those infringements have ceased before the representative action has started or before the representative action has been concluded.
Amendment 213 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law, including but not limited to those listed in Annex I that harm or may harm the collective interests of consumers in the fields of data protection, financial services, travel and tourism, energy, telecommunications, equality and non- discrimination, environment or any other relevant area. It shall apply to domestic and cross-border infringements, including where those infringements have ceased before the representative action has started
Amendment 214 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law listed in Annex I that harm or may harm the collective interests of consumers.
Amendment 215 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to
Amendment 216 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law listed in Annex I that
Amendment 217 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law listed in Annex I that does or is likely to do mass harm or may harm to the collective interests of consumers. It shall apply to domestic and cross-border infringements, including where those infringements have ceased before the representative action has started or before the representative action has been concluded.
Amendment 218 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to representative actions brought against widespread infringements by traders of provisions of the Union law listed in Annex I that harm or may harm the collective interests of consumers. It shall apply to
Amendment 219 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law
Amendment 220 #
Proposal for a directive Article 2 – paragraph 2 2. This Directive shall not affect rules establishing contractual and non- contractual remedies available to consumers or citizens for such infringements under
Amendment 221 #
Proposal for a directive Article 2 – paragraph 2 2. This Directive shall not affect rules establishing contractual and non- contractual remedies available
Amendment 222 #
Proposal for a directive Article 2 – paragraph 3 3.
Amendment 223 #
Proposal for a directive Article 2 – paragraph 3 a (new) 3a. This Directive respects the fundamental rights, and observes the principles, recognised by the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, and in particular the right to a fair and impartial trial and the right to an effective remedy.
Amendment 224 #
Proposal for a directive Article 2 – paragraph 3 a (new) 3a. In order to avoid the uncertainties resulting from various models of assigning claims to various legal vehicles, Member States will ensure a legally safe solution exists for their citizens by involving the respective national CPC entities.
Amendment 225 #
Proposal for a directive Article 3 – paragraph 1 – point 1 (1) ‘
Amendment 226 #
Proposal for a directive Article 3 – paragraph 1 – point 1 a (new) (1a) ‘citizen’ means any natural person holding the nationality of a Member State or habitually residing in a Member State in which the person concerned has the habitual centre of his interests.
Amendment 227 #
Proposal for a directive Article 3 – paragraph 1 – point 1 a (new) (1a) ‘consumer organisation’ means any group that seeks to protect consumers' interests from illegal acts or omissions committed by traders.
Amendment 228 #
Proposal for a directive Article 3 – paragraph 1 – point 2 (2) ‘trader’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting in a civil capacity under the rules of civil law, including through any other person acting in their name or on their behalf, for purposes relating to their trade, business, craft or profession;
Amendment 229 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective interests of consumers’ means the common interests of a
Amendment 230 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective interests of consumers’ means the interests of a significant number of consumers in comparable situations that is laid down by each Member State in the light of the circumstances concerned;
Amendment 231 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective interests of consumers’ means the general interests of
Amendment 232 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective interest
Amendment 233 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective interests of consumers’ means the interests of
Amendment 234 #
Proposal for a directive Article 3 – paragraph 1 – point 3 (3) ‘collective interests
Amendment 235 #
Proposal for a directive Article 3 – paragraph 1 – point 3 a (new) (3a) ‘collective interests of citizens’ means the interests of two or more citizens;
Amendment 236 #
Proposal for a directive Article 3 – paragraph 1 – point 3 a (new) (3a) ‘widespread infringement’ means any acts or omissions contrary to Union laws that protect consumers’ interests that have done, do or are likely to do harm to the collective interests of consumers and that have common features, including the same unlawful practice, the same interest being infringed and that are occurring concurrently, and are committed by the same trader;
Amendment 237 #
Proposal for a directive Article 3 – paragraph 1 – point 4 (4) ‘representative action’ means an action for the protection of the collective interests of consumers to which the consumers concerned are not parties, but for which a significant number of consumers in comparable situations have given a mandate to bring (opt-in);
Amendment 238 #
Proposal for a directive Article 3 – paragraph 1 – point 4 (4) ‘representative action’ means an action for the protection of the collective interests of consumers to which the consumers concerned are not parties and to which they gave the qualified entity their specific and exclusive mandates;
Amendment 239 #
Proposal for a directive Article 3 – paragraph 1 – point 4 (4) ‘representative action’ means an action for the protection of the collective interests of consumers or citizens to which the consumers or citizens concerned are not parties;
Amendment 240 #
Proposal for a directive Article 3 – paragraph 1 – point 4 (4) ‘representative action’ means an action for the protection of the collective interests of
Amendment 241 #
Proposal for a directive Article 3 – paragraph 1 – point 6 (6) ‘final decision’ means a reasoned decision by a Member State's court that cannot or can no longer be appealed or a reasoned decision by an administrative authority that can no longer be subject to judicial review.
Amendment 242 #
Proposal for a directive Article 3 – paragraph 1 – point 6 a (new) (6a) 'CPC entity' shall refer to the 'competent authority' as defined by Regulation (EU) 2017/2394 of the European Parliament and Council on cooperation between national authorities responsible for the enforcement of consumer protection laws 1a. _________________ 1a Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004, OJ L 345, 27.12.2017.
Amendment 243 #
Proposal for a directive Article 3 – paragraph 1 – point 6 a (new) (6a) ‘competent authorities’, ‘single liason office’ and ‘designated body’ shall have the meanings ascribed to those terms by Regulation (EU) 2017/2394 which collectively, for the purposes of this Directive, shall be referred to as ‘CPC entities’ or ‘CPC entity’.
Amendment 244 #
Proposal for a directive Article 3 – paragraph 1 – point 6 a (new) (6a) ‘widespread infringement with a Union dimension’ means a widespread infringement that has done, does or is likely to do harm to the collective interests of consumers in at least two-thirds of the Member States, accounting, together, for at least two-thirds of the population of the Union;
Amendment 245 #
Proposal for a directive Article 3 – paragraph 1 – point 6 b (new) (6b) 'Mass harm' means a widespread infringement with a Union dimension by traders of provisions of the Union law listed in Annex I that harm or may harm the collective interest of a considerable number of consumers.
Amendment 246 #
Proposal for a directive Article 3 – paragraph 1 – point 6 a (new) (6a) "consumer law" means Union and national law adopted to protect consumers;
Amendment 248 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 1 Member States shall
Amendment 249 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 1 Member States shall ensure that representative actions can only be brought by qualified entities designated, at their request, by the Member States in advance for this purpose and placed in a publicly available list. These entities shall be supervised by the CPC entity.
Amendment 250 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 1 Member States shall ensure that representative actions can only be brought by qualified entities
Amendment 251 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 1 Member States shall ensure that representative actions can be brought only by qualified entities designated, at their request, by the Member States in advance for this purpose and placed in a publicly available list.
Amendment 252 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 1 Member States shall ensure that representative actions can be brought by qualified entities designated, at their request, by the Member States
Amendment 253 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – introductory part Member States shall designate an entity as
Amendment 254 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – introductory part Member States
Amendment 255 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point a (a) it is properly
Amendment 256 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point a (a) it is properly constituted according to
Amendment 257 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point b (b) its statues, objectives, governance and history of protecting consumers demonstrate that it has a legitimate interest in ensuring that provisions of Union law covered by this Directive are complied with;
Amendment 258 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point b (b) it
Amendment 259 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point b (b) it has a legitimate interest in ensuring that provisions of Union law covered by this Directive are complied with as reflected by its mission, goals and statute;
Amendment 260 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point b (b) it has
Amendment 261 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point b a (new) (ba) it has sufficient capacity in terms of human resources and legal expertise to represent multiple claimants acting in their best legal interest;
Amendment 262 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c (c) it
Amendment 263 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c (c) it has a non-profit making character and a governance structure providing complete independence from third parties, ensuring it is not a vehicle for pursuing litigation for the benefit or profit of others but the claimants.
Amendment 264 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c (c) it is independent and has a non- profit making character.
Amendment 265 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c a (new) (ca) it has an organisational structure ensuring its independence from other entities or persons other than consumers or citizens who might have an interest in the outcome of the representative actions.
Amendment 266 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c a (new) (ca) it has an organisational structure that ensures its independence from other entities or persons other than consumers, who may have an interest in the outcome of the representative action;
Amendment 267 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c b (new) (cb) it has sufficient capacities in terms of financial resources, human resources, and legal expertise to represent multiple consumers acting in their best interest;
Amendment 268 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c a (new) (ca) it has established internal procedures to prevent a conflict of interest between itself and its funders and the consumers it represents;
Amendment 269 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c a (new) (ca) it demonstrates sufficient and legal financial resources to represent the best interests of its members concerned and to meet any adverse costs should the action fail.
Amendment 270 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c a (new) (ca) it is either organised as an independent public body or it demonstrates full transparency as regards its financial capacities.
Amendment 271 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c a (new) (ca) it publishes in detail the provenance of the funds it receives and the representative actions that it pursues.
Amendment 272 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c b (new) (cb) it discloses publicly by any appropriate means, in particular on its website, in plain, intelligible language the information on the way it is financed, its organisational and management structure, its remuneration policy, its policy to promote gender balance, its objective and its working methods as well as its activities.
Amendment 273 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c b (new) (cb) it publicly discloses by any appropriate means, in particular on its website, in plain and intelligible language, information regarding its funding, organisational and management structure, objectives, working methods and activities;
Amendment 274 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 2 – point c c (new) (cc) it has at least 10 member associations with the same area of interest or at least 350 natural person as members.
Amendment 275 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 3 Amendment 276 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 3 Member States shall assess on a regular
Amendment 277 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 3 Member States' CPC entities shall assess on a regular basis whether a qualified entity continues to comply with these criteria. Member States shall ensure that the qualified entity loses its status under this Directive if it no longer complies with one or more of the criteria listed in the first subparagraph.
Amendment 278 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall ensure that qualified entities: (a) regularly update their websites, facilitating quick access to information regarding the procedure to initiate a representative action; (b) on request, provide consumers with the information referred to in point (a) on a durable medium; (c) where appropriate, allow consumers to file complaints online or offline; (d) when dealing with disputes covered by this Directive take the necessary measures to ensure that the processing of personal data complies with the rules on the protection of personal data laid down in the national legislation implementing the general Data Protection Regulation2a. _________________ 2A Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) (OJ L 119, 4.5.2016)
Amendment 279 #
Proposal for a directive Article 4 – paragraph 1 a (new) Amendment 280 #
Proposal for a directive Article 4 – paragraph 1 b (new) 1b. Member States shall ensure that natural persons in charge of preparing representative actions to be introduced by the qualified entity have the necessary expertise and are independent and impartial. This shall be guaranteed by ensuring that they: (a) possess the necessary knowledge, experience and skills in the field of consumer disputes as well as a general understanding of the law; (b) are appointed for a term of office of sufficient duration to ensure the independence of their actions and are not liable to be relieved from their duties without just cause; (c) shall not accept any instructions from either Party or their representatives; (d) are remunerated in a way unconnected with the outcome of the procedure; (e) disclose without delay to the qualified entity any circumstances that may or could be likely to affect their independence and impartiality or that give rise to a conflict of interest with any of the parties to the dispute. The obligation to disclose such circumstances shall continue to apply throughout the procedure.
Amendment 281 #
Proposal for a directive Article 4 – paragraph 2 Amendment 282 #
Proposal for a directive Article 4 – paragraph 2 Amendment 283 #
Proposal for a directive Article 4 – paragraph 2 Amendment 284 #
Proposal for a directive Article 4 – paragraph 2 Amendment 285 #
Proposal for a directive Article 4 – paragraph 2 2. Member States may designate a qualified entity on an ad hoc basis for a particular representative action, at its request, if it complies with the criteria referred to in paragraph 1. In that instance, an enhanced licence, in line with the relevant national legislation, shall make it possible to prevent the involvement of ad hoc associations that have been set up as a delaying tactic.
Amendment 286 #
Proposal for a directive Article 4 – paragraph 2 2. Member States
Amendment 287 #
Proposal for a directive Article 4 – paragraph 2 2. Member States may designate a qualified entity on an ad hoc basis for a
Amendment 288 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Member States shall communicate the name and purpose of these designated entities to the European Commission. The Commission will draw up a list of the qualified entities referred to in paragraph 1 and publish it in the Official Journal of the European Union.
Amendment 289 #
Proposal for a directive Article 4 – paragraph 3 3. Member States shall ensure that
Amendment 290 #
Proposal for a directive Article 4 – paragraph 3 3. Member States shall ensure that in particular consumer organisations, environmental organisations, human rights organisations and independent public bodies are eligible for the status of qualified entity. Member States may designate as qualified entities consumer organisations, environmental organisations and human rights organisations that represent members from more than one Member State.
Amendment 291 #
Proposal for a directive Article 4 – paragraph 3 3. Member States shall ensure that in particular consumer organisations, a
Amendment 292 #
Proposal for a directive Article 4 – paragraph 3 3. Member States shall ensure that
Amendment 293 #
Proposal for a directive Article 4 – paragraph 3 3. Member States shall ensure that in particular consumer organisations and, where applicable, independent public bodies are eligible for the status of qualified entity. Member States may designate as qualified entities in particular consumer organisations that represent members from more than one Member State.
Amendment 294 #
Proposal for a directive Article 4 – paragraph 3 3. Member States shall ensure that
Amendment 295 #
Proposal for a directive Article 4 – paragraph 4 Amendment 296 #
Proposal for a directive Article 4 – paragraph 4 Amendment 297 #
Proposal for a directive Article 4 – paragraph 4 Amendment 298 #
Proposal for a directive Article 4 – paragraph 4 Amendment 299 #
Proposal for a directive Article 4 – paragraph 4 Amendment 300 #
Proposal for a directive Article 4 – paragraph 4 4. Member States may set out rules specifying which qualified entities may seek all of the measures referred to in Articles 5 and 6, and which qualified entities may seek only one or more of these measures. Member State shall ensure that a sufficient number of qualified entities can seek all measures referred to in article 5 and article 6.
Amendment 301 #
Proposal for a directive Article 4 – paragraph 5 5.
Amendment 302 #
Proposal for a directive Article 4 – paragraph 5 5. The compliance by a qualified entity with the criteria referred to in paragraph 1 is without prejudice to the
Amendment 303 #
Proposal for a directive Article 4 a (new) Article 4a Admissibility Member States shall ensure that the court or administrative authority verify at the earliest possible stage of the proceedings that the representative action fulfils the following criteria: (a) the action is the most suitable way to resolve the claims of multiple consumers; (b) the claims are ascertainable and uniform and there is a commonality in the measures sought; (c) at least 100 consumers in 2 Member States are affected and have provided their specific and exclusive mandate; (d) the individual consumers can be identified and informed of the representative action in an adequate way; (e) the funding arrangements of the qualified entity are suitable; (f) no other action has been brought before a court or administrative authority regarding the same practice, the same trader and the same consumers. Member States shall ensure that the court or administrative authority have the authority to dismiss manifestly unfounded cases at the earliest possible stage of litigation.
Amendment 304 #
Proposal for a directive Article 5 – title Representative actions for the protection of the collective interests of consumers or citizens
Amendment 305 #
Proposal for a directive Article 5 – title 5 Representative actions for the protection of
Amendment 306 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that representative actions can be brought before national courts or administrative authorities by qualified entities provided that there is a direct relationship between the main objectives of the entity and the rights granted under Union law that are claimed to have been violated in respect of
Amendment 307 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that representative actions can be brought before national courts or administrative authorities by qualified entities provided that there is a
Amendment 308 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that representative actions can be brought before national courts or administrative authorities only by qualified entities accredited in accordance with Article 4(1) and provided
Amendment 309 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 – introductory part Member States shall ensure that qualified entities are entitled, possibly after conciliation or mediation has failed, to bring representative actions seeking the following measures:
Amendment 310 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 – introductory part Member States shall ensure that qualified entities are entitled to bring representative actions seeking the following measures
Amendment 311 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 – introductory part Member States shall ensure that
Amendment 312 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 – introductory part To avoid irremediable damage, Member States shall ensure that qualified entities are entitled to bring representative actions seeking the following measures:
Amendment 313 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 – point a (a) an injunction order as an interim measure for stopping
Amendment 314 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 a (new) Member States shall ensure that no other action is pending at a national court or administrative entities of the same Member State regarding the same practice, the same claimants and the same defendant.
Amendment 315 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 In order to seek injunction orders,
Amendment 316 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 In order to seek injunction orders, qualified entities shall
Amendment 317 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 In order to seek injunction orders, qualified entities shall
Amendment 318 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 In order to seek injunction orders, qualified entities shall
Amendment 319 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 2 In order to seek injunction orders, qualified entities shall not have to obtain the mandate of the individual
Amendment 320 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of Union law indicatively listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b). Although the decision on these representative actions can only be taken after it has been formally established that a practice constitutes an infringement of Union law, however, in order not to prolong procedures, these actions may be launched in parallel with the actions for injunction orders referred to in paragraph 2.
Amendment 321 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking redress measures eliminating the continuing effects of the infringement.
Amendment 322 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement.
Amendment 323 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking
Amendment 324 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement.
Amendment 325 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall ensure that qualified entities are entitled to bring
Amendment 326 #
Proposal for a directive Article 5 – paragraph 3 3. Member States shall ensure that only certain qualified entities identified in Article 6, are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of Union law listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b).
Amendment 327 #
Proposal for a directive Article 5 – paragraph 4 Amendment 328 #
Proposal for a directive Article 5 – paragraph 4 Amendment 329 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4a. Member States shall ensure that a claimant party informs its individual members of any settlement proposal and that an individual member of the claimant party is free to leave the claimant party if it refuses the proposed settlement without being deprived of the possibility to pursue its claims in another form, such as by an individual claims. Member States shall ensure that consumers can join the claimant party of a representative action until the final settlement.
Amendment 330 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4a. Member States shall ensure that an individual member of the claimant party is free to leave the claimant party at any time before the final judgment, without being deprived of the possibility to pursue its claims in another form, such as by an individual claims. Member States shall ensure that consumers can join the claimant party of a representative action until the final judgment or settlement.
Amendment 331 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4a. Member States shall ensure that the ‘loser pays principle’ applies also for all types of representative actions.
Amendment 332 #
Proposal for a directive Article 5 a (new) Article 5a Registry of collective redress actions 1. Member States may set up a national register for representative actions, which shall be available free of charge to any interested person through electronic means and/or otherwise. 2. Websites publishing the registries shall provide access to comprehensive and objective information on the available methods of obtaining compensation, including out of court methods as well as the pending representative actions. 3. The national registries shall be interlinked. Article 35 of Regulation (EU) 2017/2394 shall apply.
Amendment 333 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued. The qualified entity shall provide sufficient information as required under national law to support the action, including a description of the consumers concerned by the action and the questions of fact and law to be resolved. The compensation awarded to consumers harmed in a mass situation should not exceed the amount owed by the trader in accordance with the applicable national or Union law in order to cover the actual harm suffered by them. In particular, punitive damages, leading to overcompensation in favour of the claimant party of the damage suffered, should be avoided.
Amendment 334 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order for the economic and non-economic damage, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers
Amendment 335 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate.
Amendment 336 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that certain qualified
Amendment 337 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia,
Amendment 338 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, removal, price reduction, contract termination or reimbursement of the price paid, both in terms of economic and non- economic harm, as appropriate. A Member State
Amendment 339 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities
Amendment 340 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate
Amendment 341 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, removal, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued.
Amendment 342 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 For the purposes of Article 5(3), Member States shall ensure that
Amendment 343 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 1 a (new) Member States shall require that the explicit mandate of at least 100 individual consumers concerned is obtained by a redress entity before any action seeking redress is initiated on their behalf and on their behalf only (‘opt-in’ principle), a declaratory decision is made or a redress order is issued. Additional consumers can join any time before the last court session or meeting of the parties negotiating a settlement, and are free to leave the group until the same point in time.
Amendment 344 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 2 Amendment 345 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 2 The qualified entity shall provide sufficient information as required under national law to support the action, including a description of the consumers concerned by the action and the questions of fact and law to be resolved but this requirement shall not be such as to place such a significant burden on the qualified entity that qualified entities may be discouraged from seeking to bring representative actions.
Amendment 346 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 2 The qualified entity shall provide sufficient information as required under national law to support the action, including a description of the consumers concerned by the action
Amendment 347 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 2 The
Amendment 348 #
The qualified entity shall provide sufficient
Amendment 349 #
Proposal for a directive Article 6 – paragraph 1 – subparagraph 2 a (new) Redress entities duly authorised and supervised by the CPC entity shall, as itself, have by law the legal standing to overcome exclusions of assignment agreed by contract or general business terms and conditions.
Amendment 350 #
Proposal for a directive Article 6 – paragraph 2 Amendment 351 #
Proposal for a directive Article 6 – paragraph 2 Amendment 352 #
Proposal for a directive Article 6 – paragraph 2 Amendment 353 #
Proposal for a directive Article 6 – paragraph 2 Amendment 354 #
Proposal for a directive Article 6 – paragraph 2 2. By derogation to paragraph 1, Member States
Amendment 355 #
Proposal for a directive Article 6 – paragraph 2 2. By derogation to paragraph 1, Member States may exceptionally empower a court or administrative authority to issue, instead of a redress order, a reasoned declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement of Union law listed in Annex I, in duly justified cases where, due to the characteristics of the individual harm to the
Amendment 356 #
Proposal for a directive Article 6 – paragraph 2 2.
Amendment 357 #
Proposal for a directive Article 6 – paragraph 2 a (new) 2a. Member States shall require the mandate of individual consumers concerned by the representative action, in which they indicate whether they wish to benefit from a redress order in cross- border cases. Member States should not require a mandate from individual consumers who have suffered reduced losses.
Amendment 358 #
Proposal for a directive Article 6 – paragraph 3 Amendment 359 #
Proposal for a directive Article 6 – paragraph 3 Amendment 360 #
Proposal for a directive Article 6 – paragraph 3 Amendment 361 #
Proposal for a directive Article 6 – paragraph 3 Amendment 362 #
Proposal for a directive Article 6 – paragraph 3 Amendment 363 #
Proposal for a directive Article 6 – paragraph 3 – introductory part 3.
Amendment 364 #
Proposal for a directive Article 6 – paragraph 3 – point a Amendment 365 #
Proposal for a directive Article 6 – paragraph 3 – point a (a) consumers concerned by the infringement are identifiable and suffered comparable harm caused by the same practice in relation to a period of time or a purchase. In such cases, however, the requirement
Amendment 366 #
Proposal for a directive Article 6 – paragraph 3 – point a (a)
Amendment 367 #
Proposal for a directive Article 6 – paragraph 3 – point b Amendment 368 #
Proposal for a directive Article 6 – paragraph 3 – point b Amendment 369 #
Proposal for a directive Article 6 – paragraph 3 – point b (b)
Amendment 370 #
Proposal for a directive Article 6 – paragraph 3 – point b (b)
Amendment 371 #
Proposal for a directive Article 6 – paragraph 3 – point b (b) consumers have suffered a small amount of loss and it would be disproportionate to distribute the redress to
Amendment 372 #
Proposal for a directive Article 6 – paragraph 3 a (new) 3a. In cases where consumers or citizens have suffered a small amount of loss and it would be disproportionate to distribute the redress to them, Member States shall ensure that the mandate of the individual consumers or citizens concerned is not required. The redress shall be directed to a public interest serving the collective interests of consumers or citizens. The same shall apply to any unclaimed or leftover funds.
Amendment 373 #
Proposal for a directive Article 6 – paragraph 4 4. The redress obtained through a final decision in accordance with paragraphs 1, 2 and 3 shall be without prejudice to any
Amendment 374 #
Proposal for a directive Article 6 – paragraph 4 4. The redress obtained through a final decision in accordance with paragraphs
Amendment 375 #
Proposal for a directive Article 6 – paragraph 4 4. The redress obtained through a final
Amendment 376 #
Proposal for a directive Article 6 – paragraph 4 4. The redress obtained through a final decision in accordance with paragraphs 1
Amendment 377 #
Proposal for a directive Article 6 – paragraph 4 a (new) 4a. The redress measures shall aim to grant consumers concerned full compensation for their loss. Where an unclaimed amount remains outstanding after payment of compensation or in cases where individual consumers have suffered a reduced loss and provided that consumers do not take action within a reasonable period or individually refuse the right to their share, Member States shall allow the court or authority to decide on the use of the funds obtained by way of redress through the representative action. Unclaimed amounts shall not go to the qualified entity or to the trader. The national law of the Member States shall determine the reasonable period of time during which consumers may take action.
Amendment 378 #
Proposal for a directive Article 6 – paragraph 4 a (new) 4a. Member States shall ensure that qualified entities which are eligible to bring actions under both Articles 5 and 6 are able to seek the measures eliminating the continuing effects of the infringement together with measures referred to in paragraph 2 within a single representative action, provided the identity of those seeking redress is known to the Court before its last session preceding the judgment (‘opt-in’).
Amendment 379 #
Proposal for a directive Article 6 – paragraph 4 a (new) 4a. The damages should be restitution in nature. The redress awarded should not exceed the compensation that would have been awarded if the representative action had been pursued by means of individual action. In particular, Member States should prohibit any form of punitive damages that lead to the overcompensation of the consumer in relation to the damage actually suffered.
Amendment 380 #
Proposal for a directive Article 6 – paragraph 4 b (new) 4b. Punitive damages are forbidden for representative actions. This includes that the damages to be paid by the defendant do not exceed the amount he would have had to pay if all consumers had sued individually for compensation, for which the sum of legal costs the defendant would have had to bear if he had lost all these individual actions remains out of consideration.
Amendment 381 #
Proposal for a directive Article 7 – title Amendment 382 #
Proposal for a directive Article 7 – title Funding, Fees for Lawyers and Intermediaries and Costs
Amendment 383 #
Proposal for a directive Article 7 – paragraph 1 1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action.
Amendment 384 #
Proposal for a directive Article 7 – paragraph 1 1. The qualified entity seeking a redress order as referred in Article 6(1)
Amendment 385 #
Proposal for a directive Article 7 – paragraph 1 1.
Amendment 386 #
Proposal for a directive Article 7 – paragraph 1 1. The
Amendment 387 #
Proposal for a directive Article 7 – paragraph 1 1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare in detail at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 388 #
Proposal for a directive Article 7 – paragraph 1 1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the
Amendment 389 #
Proposal for a directive Article 7 – paragraph 1 1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an earl
Amendment 390 #
Proposal for a directive Article 7 – paragraph 1 1. The independent qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 391 #
Proposal for a directive Article 7 – paragraph 1 1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has legal and sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 392 #
1. The
Amendment 393 #
Proposal for a directive Article 7 – paragraph 1 a (new) 1a. The unsuccessful party shall bear the costs of the proceedings. However, the court or tribunal shall not award costs to the unsuccessful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.
Amendment 394 #
Proposal for a directive Article 7 – paragraph 2 – introductory part 2. Member States shall
Amendment 395 #
Proposal for a directive Article 7 – paragraph 2 – introductory part 2. Member States shall ensure that in cases where a representative action for redress is funded by a third party,
Amendment 396 #
Proposal for a directive Article 7 – paragraph 2 – introductory part 2. Member States shall ensure that in cases where a representative action for redress is funded by a third party, transparency as to the origin of the funds is established and that it is prohibited for the third party:
Amendment 397 #
Proposal for a directive Article 7 – paragraph 2 – point a Amendment 398 #
Proposal for a directive Article 7 – paragraph 2 – point a (a)
Amendment 399 #
Proposal for a directive Article 7 – paragraph 2 – point b Amendment 40 #
Proposal for a directive Title 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on representative actions for the protection of
Amendment 400 #
Proposal for a directive Article 7 – paragraph 2 – point b a (new) (ba) to receive any type of financial benefit deriving from the representative action, other than to cover legal costs.
Amendment 401 #
Proposal for a directive Article 7 – paragraph 2 – point b a (new) (ba) constitute any further conflict of interest between the third party, the claimant and the representative entities.
Amendment 402 #
Proposal for a directive Article 7 – paragraph 2 – point b a (new) (ba) to have a stake in the winnings;
Amendment 403 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2a. Member States shall ensure that the party that loses a collective redress action reimburses the legal costs borne by the winning party, subject to the provisions of national law.
Amendment 404 #
Proposal for a directive Article 7 – paragraph 2 – point b a (new) (ba) to charge excessive interest on the funds provided;
Amendment 405 #
Proposal for a directive Article 7 – paragraph 2 – point b b (new) (bb) to base remuneration, or interest, on the amount of the settlement reached or the compensation awarded.
Amendment 406 #
Proposal for a directive Article 7 – paragraph 3 3. Member States shall ensure that courts and administrative authorities are empowered
Amendment 407 #
Proposal for a directive Article 7 – paragraph 3 3. Member States shall ensure that courts and administrative authorities a
Amendment 408 #
Proposal for a directive Article 7 – paragraph 3 3. Member States shall ensure that courts and administrative authorities are empowered to assess the circumstances referred to in paragraph 2 a
Amendment 409 #
Proposal for a directive Article 7 – paragraph 3 3. Member States shall ensure that courts and administrative authorities are empowered to assess the circumstances referred to in paragraph 1 and 2 and accordingly require the qualified entity to refuse the relevant funding and, if necessary, reject the standing of the qualified entity in a specific case.
Amendment 41 #
Proposal for a directive Recital -1 (new) (-1) Pursuant to Articles 26, 67 and 114 of the Treaty on the Functioning of the European Union, the Union has the duty to promote respect for human rights, facilitate access to justice and guarantee fundamental rights, and to ensure fair competition and proper functioning of the internal market by enforcing the rights protected by Union legislation. The effective protection of rights, in particular fundamental rights, in case of violations by business entities and holding these entities legally accountable for their actions and omissions, is necessary for a proper functioning of the internal market. On top of this, fair competition also requires comparable exposure to deterrent and corrective actions in all Member States. Furthermore, justice and equality before the law require the protection of all victims of mass harm situations, including by enabling them to join their claims in order to access justice and seek effective remedy.
Amendment 410 #
Proposal for a directive Article 7 – paragraph 3 a (new) 3a. Member States shall provide structural support to entities acting as qualified entities within the scope of this Directive. Member States may decide to set up a dedicated fund with the objective of providing financial support to qualified entities bringing collective actions.
Amendment 411 #
Proposal for a directive Article 7 – paragraph 3 a (new) 3a. Contingency fees for lawyers and any form of circumvention like contingency agreements with claims collection vehicles paying lawyers by hourly rates or regular fees are forbidden for representative actions.
Amendment 412 #
Proposal for a directive Article 7 – paragraph 3 a (new) 3a. Neither lawyers nor other parties assisting or representing qualified entities, or assisting consumers as intermediaries, shall charge fees based on a proportion of any award or settlement amount.
Amendment 413 #
Proposal for a directive Article 7 – paragraph 3 b (new) 3b. Member States shall ensure that where adverse costs are awarded against a party, any third parties that have supported the action shall also be responsible for those costs on a joint and several basis.
Amendment 414 #
Proposal for a directive Article 8 – paragraph 1 1. Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers who have chosen to be represented in the action and who have been affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it.
Amendment 415 #
Proposal for a directive Article 8 – paragraph 1 1. Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for
Amendment 416 #
Proposal for a directive Article 8 – paragraph 1 1. Member States may provide that a
Amendment 417 #
Proposal for a directive Article 8 – paragraph 1 a (new) 1a. The national central register of complaints and collective procedures kept by the respective national CPC entity shall take note of such agreement having been reached and verify whether other ongoing procedures have not yet been included into the settlement reached. To the extent such procedures can be identified by the CPC authority, it shall set a deadline for the partners of the agreement to either include these other procedures in, or to exclude them, from the settlement reached.
Amendment 418 #
Proposal for a directive Article 8 – paragraph 3 Amendment 419 #
Proposal for a directive Article 8 – paragraph 3 3. Member States shall ensure that the court or administrative authority that issue
Amendment 42 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress, such as compensation, repair or price reduction as available under national laws. In order to be able to act, qualified entities ought to obtain a mandate in advance from a minimum number of consumers (opt-in). The minimum number of consumers should be laid down by each Member State.
Amendment 420 #
Proposal for a directive Article 8 – paragraph 4 4. The settlements referred to in paragraphs 1, 2 and 3 shall be subject to the scrutiny of the court or administrative authority. The court or administrative authority shall assess the legality and fairness of the settlement, taking into consideration - in the light of the national law concerned - the rights and interests of all
Amendment 421 #
Proposal for a directive Article 8 – paragraph 4 4. The settlements referred to in paragraphs 1, 2 and 3 shall be subject to the scrutiny of the court or administrative authority. The court or administrative authority shall assess the legality and fairness of the settlement, taking into consideration the rights and interests of all parties, including the
Amendment 422 #
Proposal for a directive Article 8 – paragraph 5 5. If the settlement referred to in paragraph 2 is not reached within the set time-limits by the court or administrative authority, pursuant to the national law concerned, or the settlement reached is not approved, the court or administrative authority shall continue the representative action.
Amendment 423 #
Proposal for a directive Article 8 – paragraph 6 Amendment 424 #
Proposal for a directive Article 8 – paragraph 6 6.
Amendment 425 #
Proposal for a directive Article 8 – paragraph 6 6. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1, 2 and 3. The redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the consumers concerned may possibly have under Union or national law. However, compensation cannot be provided twice for the same instance of harm.
Amendment 426 #
Proposal for a directive Article 8 – paragraph 6 6.
Amendment 427 #
Proposal for a directive Article 8 – paragraph 6 6. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1, 2 and 3. The redress obtained through an approved settlement in accordance with paragraph 4 shall be
Amendment 428 #
Proposal for a directive Article 8 – paragraph 6 6.
Amendment 429 #
Proposal for a directive Article 8 – paragraph 6 6. Individual
Amendment 43 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to enable qualified entities, which represent
Amendment 430 #
Proposal for a directive Article 9 – paragraph -1 (new) -1 Member States shall ensure that the representative entities: (a) inform consumers about the claimed violation of rights granted under Union law and the intention to seek an injunction or to pursue an action for damages, (b) explain the possibility to join the action, (c) where relevant, inform about subsequent steps and the potential legal consequences.
Amendment 431 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually. Member States may foresee that the information obligation can be complied with through the national register as referred to in Article 5a (new).
Amendment 432 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually. In addition to the channels of the trader who committed the infringement, this information may also be provided via relevant public authority channels or through the channels of designated qualified entities, in every case at the expense of the trader who committed the infringement.
Amendment 433 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that the
Amendment 434 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected
Amendment 435 #
Proposal for a directive Article 9 – paragraph 1 1. Where a settlement or final decision may benefit consumers who may be unaware of it, Member States shall ensure that the court or administrative authority
Amendment 436 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers or citizens at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually.
Amendment 437 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. Notwithstanding paragraph 1, in case the representative action fails, the representative entity shall bear the costs of consumer information in accordance with the principle laid down in Article 13a.
Amendment 438 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. Paragraph 1 does not prevent qualified entities from informing the individual consumers or citizens concerned already on beforehand in order to ensure that the relevant documents and other information necessary for the action are kept.
Amendment 439 #
Proposal for a directive Article 9 – paragraph 2 2. The information referred to in paragraph -1 and 1 shall
Amendment 44 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers in the cross-border cases, to seek remedy through representative actions against widespread cross-border infringements of provisions of Union law
Amendment 440 #
Proposal for a directive Article 9 – paragraph 2 2. The information referred to in paragraph 1 shall include in intelligible language an explanation of the subject- matter of the representative action, its legal consequences and, if relevant, the subsequent steps to be taken by the
Amendment 441 #
Proposal for a directive Article 9 – paragraph 2 2. The information referred to in paragraph 1 shall include in intelligible language an explanation of the subject- matter of the representative action, its legal
Amendment 442 #
Proposal for a directive Article 9 – paragraph 2 a (new) 2a. The national CPC shall establish a central national register for all applications and endorsements of representative actions and other national collective proceedings and complaints. The details of access to these national registers and their information policies towards lawyers and/or consumers and/or the general public as well as towards the defendant regarding the composition of the group of consumers having registered will be defined by delegated acts of the Commission. It will design these acts in such a way that the interests of defendants and claimants are fairly balanced.
Amendment 443 #
Proposal for a directive Article 9 – paragraph 2 a (new) 2a. Member States shall ensure that public communications by qualified entities about claims are factual and take into account both the right for consumers to receive information and Defendants’ reputational rights and rights to business secrecy.
Amendment 444 #
Proposal for a directive Article 9 – paragraph 2 a (new) 2a. Member States shall ensure that information is made available to the public in an accessible way, on upcoming, ongoing and closed collective actions, including via tangible durable media and online through a public website.
Amendment 445 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that an infringement harming collective interests
Amendment 446 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that
Amendment 447 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that an infringement harming collective interests of consumers or citizens established in a final decision of an administrative authority or a court, including a final injunction order referred to in Article 5(2)(b), is deemed as irrefutably establishing the existence of that infringement for the purposes of any other actions seeking redress before their national courts against the same trader for the same infringement.
Amendment 448 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that an infringement harming collective interests
Amendment 449 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall ensure that a final decision referred to in paragraph 1, taken in another Member State
Amendment 45 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress, such as compensation, re
Amendment 450 #
Proposal for a directive Article 10 – paragraph 3 Amendment 451 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall ensure that a final declaratory decision referred to exceptionally and by way of derogation in Article 6(2) is deemed as irrefutably establishing the liability of the trader towards the harmed consumers by an infringement for the purposes of any actions seeking redress before their national courts against the same trader for that infringement. Member States shall ensure that such actions for redress brought individually by consumers are available through expedient and simplified procedures and with due regard for the principle that compensation cannot be provided twice for the same instance of harm.
Amendment 452 #
Proposal for a directive Article 10 – paragraph 3 3. Member States shall ensure that a final declaratory decision referred to in
Amendment 453 #
Proposal for a directive Article 10 – paragraph 3 a (new) 3a. Member States shall be encouraged to create a database containing all final decisions on collective actions that could facilitate other redress measures, and to share their best practices in this field. These databases should be transmitted to the Commission, taking into account the need for a European register for the entry of all information from the Member States, in particular those concerning the non-compliant trader, the consumers affected, the substance of the dispute, the court of referral and the outcome. Consumer access to this extended database should be facilitated.
Amendment 454 #
Proposal for a directive Article 11 – paragraph 1 Member States shall ensure that the submission of a representative action as referred to in Articles 5 and 6 shall have the effect of suspending or interrupting limitation periods applicable to any redress actions for the consumers
Amendment 455 #
Proposal for a directive Article 11 – paragraph 1 Member States shall ensure that the submission of a representative action as referred to in Articles 5 and 6 shall have the effect of suspending or interrupting limitation periods applicable to any redress actions for the
Amendment 456 #
Proposal for a directive Article 11 – paragraph 1 a (new) Member States shall grant a suspensive effect of an entry into the CPC complaint register in such a way that this entry suspends the limitation exclusively for the benefit of collective proceedings under the supervision and control of CPC entities.
Amendment 457 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall take the necessary measures to ensure representative actions referred to in Articles 5 and 6 are treated with due expediency in order to increase legal certainty for both claimants and defendants, as well as for the judiciary.
Amendment 458 #
Proposal for a directive Article 12 – paragraph 2 2. Representative actions for an injunction order in the form of an interim
Amendment 459 #
Proposal for a directive Article 13 – paragraph 1 Member States shall ensure that, at the request of
Amendment 46 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an
Amendment 460 #
Proposal for a directive Article 13 – paragraph 1 Member States shall ensure that, at the request of
Amendment 461 #
Proposal for a directive Article 13 – paragraph 1 Member States shall ensure that, at the request of a qualified entity that has presented reasonably available facts and evidence sufficient to support the representative action, and has indicated further evidence which lies in the control of the defendant, the court or administrative authority may order, in accordance with national procedural rules, that such evidence be presented by the defendant, provided such information is precisely circumscribed and narrowly limited to what is proportionate, subject to the applicable Union and national rules on confidentiality.
Amendment 462 #
Proposal for a directive Article 13 – paragraph 1 Member States shall ensure that, at the request of a qualified entity that has presented a reasoned justification containing reasonably available facts and evidence sufficient to support the representative action, and has indicated further evidence which lies in the control of the defendant, the court or administrative authority may order, in accordance with national procedural rules, through a specific, targeted, proportionate and reasoned information request, that such evidence be presented by the defendant, subject to the applicable Union and national rules on confidentiality.
Amendment 463 #
Proposal for a directive Article 13 – paragraph 1 a (new) Amendment 464 #
Proposal for a directive Article 13 a (new) Article 13a Costs Member States shall ensure that the party that loses a collective redress action reimburses necessary legal costs borne by the winning party (“loser pays principle”), subject to the conditions provided for in the relevant national law.
Amendment 465 #
Proposal for a directive Article 14 – paragraph 1 1. Member States shall lay down the rules on penalties applicable to non- compliance with the final decisions issued within the representative action and shall take all necessary measures to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Punitive penalties, leading to overcompensation, shall not be permitted.
Amendment 466 #
Proposal for a directive Article 14 – paragraph 1 1. Member States shall
Amendment 467 #
Proposal for a directive Article 14 – paragraph 2 Amendment 468 #
Proposal for a directive Article 14 – paragraph 2 2. Member States shall ensure that penalties may take, inter alia, the form of fines.
Amendment 469 #
Proposal for a directive Article 14 – paragraph 3 Amendment 47 #
Proposal for a directive Recital 1 (1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers or citizens, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress for the economic and non-economic damage, such as compensation, repair or price reduction as available under national laws.
Amendment 470 #
Proposal for a directive Article 14 – paragraph 3 3. When deciding about the allocation of revenues from fines Member States shall take into account the collective interests
Amendment 471 #
Proposal for a directive Article 14 – paragraph 4 Amendment 472 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall be encouraged – in line with Article 7(1) – to ensure that qualified entities have sufficient funds available for representative actions. They may take the necessary measures to ensure that procedural costs related to specific representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in Articles 5 and 6, such as limiting applicable court or administrative fees, granting them access to legal aid where necessary, or by providing them with public funding for this purpose. In any case, qualified entities shall bear a reasonably high share of resulting costs.
Amendment 473 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall take the necessary measures to ensure that procedural costs, including the risk of adverse costs, related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in Articles 5 and 6, such as limiting applicable court or administrative fees, indemnifying them against adverse costs exposure, granting them access to legal aid where necessary, or by providing them with public funding for this purpose.
Amendment 474 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall take the necessary measures to facilitate access to justice and shall ensure that procedural costs related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in Articles 5 and 6,
Amendment 475 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall take the necessary measures to ensure that procedural costs related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in Articles 5 and 6, such as limiting applicable court or administrative fees, or granting them access to legal aid where necessary
Amendment 476 #
Proposal for a directive Article 15 – paragraph 2 Amendment 477 #
Proposal for a directive Article 15 – paragraph 2 2. Member States shall take the necessary measures to ensure that in cases where the qualified entities are required to inform consumers concerned about the ongoing representative action the related cost may be recovered from the trader if the action is successful. Member States shall ensure that the part that loses a collective redress action reimburses necessary legal costs borne by the winning party, subject to the conditions provided for in the relevant national law.
Amendment 478 #
Proposal for a directive Article 15 – paragraph 2 2. Member States shall take the necessary measures to ensure that in cases where the qualified entities are required to
Amendment 479 #
Proposal for a directive Article 15 a (new) Article 15a Legal representation and fees Member States shall ensure that the lawyers’ remuneration and the method by which it is calculated do not create any incentive to litigation, unnecessary from the point of view of the interest of any of the parties. In particular, Member States shall prohibit contingency fees.
Amendment 48 #
Proposal for a directive Recital 1 a (new) (1a) This Directive contributes to achieving a more effective enforcement system in the European Union, guaranteeing that Member States fully transpose Union law and ensure the implementation thereof by providing adequate redress mechanisms establishing a sound balance between greater consumer confidence in the internal market on the one hand and encouraging compliance by businesses with EU law on the other.
Amendment 480 #
Proposal for a directive Article 16 – paragraph 1 1. Member States shall take the measures necessary to ensure that any qualified entity designated in advance in one Member State in accordance with Article 4(1) or ad hoc in accordance with Article 4(2) may apply to the courts or administrative authorities of another Member State upon the presentation of ad hoc designation in accordance with Article 4(2) or the publicly available list referred to in
Amendment 481 #
Proposal for a directive Article 16 – paragraph 1 1. Member States shall take the measures necessary to ensure that any qualified entity
Amendment 482 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall ensure that where the infringement affects or is likely to affect consumers from different Member States the representative action may be brought to the competent court or administrative authority of a Member State by several qualified entities from different Member States, acting jointly or represented by a single qualified entity, for the protection of the collective interest of consumers from different Member States, who have given a specific and exclusive mandate to a qualified entity to be included in such an action. In such circumstances, a consolidated list of all consumers who have given such a specific and exclusive mandate and who are presented will be provided to the court or administrative authority and the defendant at the beginning of an action.
Amendment 483 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall ensure that where the infringement affects or is likely to affect
Amendment 484 #
Proposal for a directive Article 16 – paragraph 3 Amendment 485 #
Proposal for a directive Article 16 – paragraph 4 4. If a Member State
Amendment 486 #
Proposal for a directive Article 16 – paragraph 4 a (new) 4a. Qualified entities shall be required to be accredited in the Member State of their principal place of business and activity. Furthermore, Member States shall facilitate the transfer of accreditations where appropriate, subject always to compliance with any criteria applicable in the Member State to which the qualified entity transfers.
Amendment 487 #
Proposal for a directive Article 16 – paragraph 4 b (new) 4b. To avoid parallel actions or actions risking irreconcilable judgments, pursuant to Article 30 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council, where related actions are pending in the courts of different Member States, any court other than the court first seized may stay its proceedings.
Amendment 488 #
Proposal for a directive Article 16 a (new) Article 16a Public Register Member States shall ensure that the relevant national competent authorities set up a publicly accessible register of unlawful acts that have been subject to injunction orders in accordance with the provisions of this Directive.
Amendment 489 #
Proposal for a directive Article 18 – paragraph 2 Amendment 49 #
Proposal for a directive Recital 2 (2) Directive 2009/22/EC of the European Parliament and of the Council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of Union law harmful to the collective interests of consumers. However, that Directive did not sufficiently address the challenges for the enforcement of consumer law. To improve the deterrence of unlawful practices and to reduce consumer detriment, it is necessary to strengthen the mechanism for protection of collective interests of consumers. Given the numerous changes, for the sake of clarity it is appropriate to replace Directive 2009/22/EC. There is a strong need for European intervention, on the basis of Article 114 TFEU, in order to ensure both access to justice and sound administration of justice as it will reduce the costs and burden entailed by individual actions.
Amendment 490 #
Proposal for a directive Article 18 – paragraph 2 Amendment 491 #
Proposal for a directive Article 18 – paragraph 2 Amendment 492 #
Proposal for a directive Article 18 – paragraph 2 Amendment 493 #
Proposal for a directive Article 18 – paragraph 2 2. After two years after the entry into force of the revised rules on air and rail passenger rights, the Commission shall assess whether they offer a level of protection of the rights of consumers comparable to that provided for under this Directive. Where that is not the case, the Commission shall evaluate the necessity to make appropriate proposals, which may consist in particular in introducing the acts referred to above in the Annex I of this Directive as defined in Article 2. No later than one year after the entry into force of this Directive, the Commission shall assess whether the rules con
Amendment 494 #
Proposal for a directive Article 18 – paragraph 2 2. No later than
Amendment 495 #
Proposal for a directive Article 18 a (new) Article 18a Review clause Without prejudice to Article 16, the Commission shall assess whether cross- border representative actions could be best addressed at Union level by establishing a European Ombudsman for collective redress. No later than three years after the entry into force of this Regulation, the Commission shall draw up a report in this regard and submit it to the European Parliament and the Council, accompanied, if appropriate, by a relevant proposal.
Amendment 497 #
Proposal for a directive Annex I – subheading 1 LIST OF PROVISIONS OF CONSUMER UNION LAW REFERRED TO IN ARTICLE 2(1)
Amendment 498 #
Proposal for a directive Annex I – point 1 Amendment 499 #
Proposal for a directive Annex I – point 7 Amendment 50 #
Proposal for a directive Recital 2 (2) Directive 2009/22/EC of the European Parliament and of the Council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of Union law harmful to the collective interests of consumers. However, that Directive did not sufficiently address the challenges for the enforcement of consumer law. To improve the deterrence of unlawful practices, to encourage good and responsible business practices, and to reduce consumer detriment, it is necessary to strengthen the mechanism for protection of collective interests of consumers. Given the numerous changes, for the sake of clarity it is appropriate to replace Directive 2009/22/EC. _________________ 29 OJ L 110/30, 1.5.2009.
Amendment 500 #
Proposal for a directive Annex I – point 10 Amendment 501 #
Proposal for a directive Annex I – point 13 Amendment 502 #
Proposal for a directive Annex I – point 15 Amendment 503 #
Proposal for a directive Annex I – point 18 Amendment 504 #
Proposal for a directive Annex I – point 20 Amendment 505 #
Proposal for a directive Annex I – point 21 Amendment 506 #
Proposal for a directive Annex I – point 22 Amendment 507 #
Proposal for a directive Annex I – point 23 Amendment 508 #
Proposal for a directive Annex I – point 24 Amendment 509 #
Proposal for a directive Annex I – point 25 Amendment 51 #
Proposal for a directive Recital 2 (2) Directive 2009/22/EC of the European Parliament and of the Council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of
Amendment 510 #
Proposal for a directive Annex I – point 26 Amendment 511 #
Proposal for a directive Annex I – point 27 Amendment 512 #
Proposal for a directive Annex I – point 29 Amendment 513 #
Proposal for a directive Annex I – point 30 Amendment 514 #
Proposal for a directive Annex I – point 31 Amendment 515 #
Proposal for a directive Annex I – point 32 Amendment 516 #
Proposal for a directive Annex I – point 33 Amendment 517 #
Proposal for a directive Annex I – point 34 Amendment 518 #
Proposal for a directive Annex I – point 36 Amendment 519 #
Proposal for a directive Annex I – point 37 Amendment 52 #
Proposal for a directive Recital 2 (2) Directive 2009/22/EC of the European Parliament and of the Council
Amendment 520 #
Proposal for a directive Annex I – point 38 Amendment 521 #
Proposal for a directive Annex I – point 39 Amendment 522 #
Proposal for a directive Annex I – point 42 Amendment 523 #
Proposal for a directive Annex I – point 43 Amendment 524 #
Proposal for a directive Annex I – point 45 Amendment 525 #
Proposal for a directive Annex I – point 48 Amendment 526 #
Proposal for a directive Annex I – point 49 Amendment 527 #
Proposal for a directive Annex I – point 50 Amendment 528 #
Proposal for a directive Annex I – point 51 Amendment 529 #
Proposal for a directive Annex I – point 52 Amendment 53 #
Proposal for a directive Recital 3 (3) A representative action should offer an effective and efficient way of protecting the collective interests
Amendment 530 #
Proposal for a directive Annex I – point 53 Amendment 531 #
Proposal for a directive Annex I – point 54 Amendment 532 #
Proposal for a directive Annex I – point 56 Amendment 533 #
Proposal for a directive Annex I – point 57 Amendment 534 #
Proposal for a directive Annex I – point 58 Amendment 535 #
Proposal for a directive Annex I – point 59 Amendment 536 #
Proposal for a directive Annex I – point 59 a (new) (59a) Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4).
Amendment 537 #
Proposal for a directive Annex I – point 59 a (new) (59a) Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety.
Amendment 538 #
Proposal for a directive Annex I – point 59 b (new) (59b) Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, p. 357).
Amendment 539 #
Proposal for a directive Annex I – point 59 b (new) (59b) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
Amendment 54 #
Proposal for a directive Recital 3 (3) A representative action should offer an effective and efficient way of protecting the collective interests of all consumers against both internal and cross-border infringements. It should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of Union law and to overcome the obstacles faced by consumers within individual actions, such as the uncertainty about their rights and available procedural mechanisms, previous experience of unsuccessful claims, excessively lengthy proceedings, psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action, thereby increasing legal certainty for both claimants and defendants, as well as for the legal system.
Amendment 540 #
Proposal for a directive Annex I – point 59 c (new) (59c) Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22).
Amendment 541 #
Proposal for a directive Annex I – point 59 c (new) (59c) Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC.
Amendment 542 #
Proposal for a directive Annex I – point 59 d (new) (59d) Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ L 157, 9.6.2006, p. 24).
Amendment 543 #
Proposal for a directive Annex I – point 59 d (new) (59d) Regulation (EC) 1924/2006 of 20 December 2006 on nutrition and health claims made on foods.
Amendment 544 #
Proposal for a directive Annex I – point 59 e (new) (59e) Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
Amendment 545 #
Proposal for a directive Annex I – point 59 e (new) (59e) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.
Amendment 546 #
Proposal for a directive Annex I – point 59 f (new) (59f) Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 4.4.2011, p. 5).
Amendment 547 #
Proposal for a directive Annex I – point 59 f (new) (59f) Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC
Amendment 548 #
Proposal for a directive Annex I – point 59 g (new) (59g) Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (OJ L 96, 29.3.2014, p. 251).
Amendment 549 #
Proposal for a directive Annex I – point 59 g (new) (59g) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.
Amendment 55 #
Proposal for a directive Recital 3 (3) A representative action should offer an effective and efficient way of protecting the collective interests of consumers or citizens. It should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of Union law and to overcome the obstacles faced by consumers or citizens within individual actions, such as the uncertainty about their rights and available procedural mechanisms, psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action.
Amendment 550 #
Proposal for a directive Annex I – point 59 h (new) (59h) Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (OJ L 96, 29.3.2014, p. 107).
Amendment 551 #
Proposal for a directive Annex I – point 59 h (new) (59h) Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products
Amendment 552 #
Proposal for a directive Annex I – point 59 i (new) Amendment 553 #
Proposal for a directive Annex I – point 59 i (new) (59i) Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers.
Amendment 554 #
Proposal for a directive Annex I – point 59 j (new) (59j) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 555 #
Proposal for a directive Annex I – point 59 j (new) (59j) Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products
Amendment 556 #
Proposal for a directive Annex I – point 59 k (new) (59k) Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59).
Amendment 557 #
Proposal for a directive Annex I – point 59 k (new) (59k) Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC.
Amendment 558 #
Proposal for a directive Annex I – point 59 l (new) (59l) Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1).
Amendment 559 #
Proposal for a directive Annex I – point 59 l (new) (59l) Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito.
Amendment 56 #
Proposal for a directive Recital 3 a (new) (3a) Collective redress mechanisms allow individuals to jointly request unlawful practices to be stopped or prevented, or to obtain compensation for the harm caused by them. Allowing individuals to join claims that concern breaches of law that affect identical or similar interests belonging to more than one legal or natural person strengthens the fundamental right to access to justice. Such mechanisms allow multiple claimants to share the cost of judicial proceedings, reducing the financial burden on individuals; and expedite the resolution of their cases. They make remedies more accessible and so help fulfil EU citizens’ rights to an effective remedy and to a fair trial – as protected under Article 47 of the Charter of Fundamental Rights of the European Union and Articles 6 and 13 of the European Convention on Human Rights – in practice.
Amendment 560 #
Proposal for a directive Annex I – point 59 m (new) (59m) Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC(OJ L 338, 13.11.2004, p. 14).
Amendment 561 #
Proposal for a directive Annex I – point 59 m (new) (59m) Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food.
Amendment 562 #
Proposal for a directive Annex I – point 59 n (new) (59n) Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).
Amendment 563 #
Proposal for a directive Annex I – point 59 n (new) (59n) European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste.
Amendment 564 #
Proposal for a directive Annex I – point 59 o (new) (59o) Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).
Amendment 565 #
Proposal for a directive Annex I – point 59 o (new) (59o) Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed.
Amendment 566 #
Proposal for a directive Annex I – point 59 p (new) (59p) Regulation (EC) No 726/2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ L136, 30.4.2004, p. 1).
Amendment 567 #
Proposal for a directive Annex I – point 59 p (new) (59p) Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.
Amendment 568 #
Proposal for a directive Annex I – point 59 q (new) (59q) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 263, 9.10.2007, p. 1).
Amendment 569 #
Proposal for a directive Annex I – point 59 q (new) (59q) Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents
Amendment 57 #
Proposal for a directive Recital 4 (4) It is important to ensure the necessary balance between access to justice
Amendment 570 #
Proposal for a directive Annex I – point 59 r (new) (59r) Regulation (EC) 1924/2006 of 20 December 2006 on nutrition and health claims made on foods (OJ L 404, 30.12.2006, p. 9).
Amendment 571 #
Proposal for a directive Annex I – point 59 r (new) (59r) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC
Amendment 572 #
Proposal for a directive Annex I – point 59 s (new) (59s) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
Amendment 573 #
Proposal for a directive Annex I – point 59 s (new) (59s) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin
Amendment 574 #
Proposal for a directive Annex I – point 59 t (new) (59t) Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union Text with EEA relevance (OJ L 349, 5.12.2014, p. 1–19).
Amendment 575 #
Proposal for a directive Annex I – point 59 t (new) (59t) Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives
Amendment 576 #
Proposal for a directive Annex I – point 59 u (new) (59u) Directive2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article16(1) of Council Directive 89/391/EEC) (codified version) (Text with EEA relevance) (OJL 158, 30.4.2004, p. 50).
Amendment 577 #
Proposal for a directive Annex I – point 59 u (new) (59u) Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys
Amendment 578 #
Proposal for a directive Annex I – point 59 v (new) (59v) Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56).
Amendment 579 #
Proposal for a directive Annex I – point 59 v (new) (59v) Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity
Amendment 58 #
Proposal for a directive Recital 4 (4) It is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the Single Market and, by extension, the freedom to conduct a business under Article 16 of the EU Charter of Fundamental Rights. To prevent the misuse of representative actions, elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed consumers should be avoided and clear harmonised rules on various procedural aspects, such as the designation of qualified entities, the
Amendment 580 #
Proposal for a directive Annex I – point 59 w (new) (59w) Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 07/08/1985 p. 0029 - 0033).
Amendment 581 #
Proposal for a directive Annex I – point 59 w (new) (59w) Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005
Amendment 582 #
Proposal for a directive Annex I – point 59 x (new) (59x) Directive 1999/34/EC of the European Parliament and of the Council of 10 May 1999 amending Council Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products OJ L 141, 04/06/1999 p. 0020 - 0021).
Amendment 583 #
(59x) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC
Amendment 584 #
Proposal for a directive Annex I – point 59 y (new) (59y) Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (OJ L 147, 09/06/1975, p. 0040 - 0047).
Amendment 585 #
Proposal for a directive Annex I – point 59 y (new) (59y) Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides
Amendment 586 #
Proposal for a directive Annex I – point 59 z (new) (59z) Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines (OJ L 212, 22/07/1989, p. 0079 - 0081).
Amendment 587 #
Proposal for a directive Annex I – point 59 z (new) (59z) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006
Amendment 588 #
Proposal for a directive Annex I – point 59 a a (new) (59aa) Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88–110).
Amendment 589 #
Proposal for a directive Annex I – point 59 a a (new) (59aa) Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes
Amendment 59 #
Proposal for a directive Recital 4 (4) It is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the Single Market. To prevent the misuse of representative actions, elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed consumers should be avoided and clear rules on various procedural aspects, such as the designation of qualified entities, the origin of their funds and nature of the information required to support the representative action, should be laid down.
Amendment 590 #
Proposal for a directive Annex I – point 59 a b (new) (59ab) Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (OJ L 326, 8.12.2011, p. 1–16).
Amendment 591 #
Proposal for a directive Annex I – point 59 a b (new) (59ab) Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market
Amendment 592 #
Proposal for a directive Annex I – point 59 a c (new) (59ac) Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito (OJ L 163, 17.6.1992, p. 1–4).
Amendment 593 #
Proposal for a directive Annex I – point 59 a c (new) (59ac) Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
Amendment 594 #
Proposal for a directive Annex I – point 59 a d (new) (59ad) Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (OJ L 037, 13/02/1993, p. 0001 - 0003).
Amendment 595 #
Proposal for a directive Annex I – point 59 a d (new) (59ad) Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency
Amendment 596 #
Proposal for a directive Annex I – point 59 a e (new) (59ae) Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1–123).
Amendment 597 #
Proposal for a directive Annex I – point 59 a e (new) (59ae) Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products
Amendment 598 #
Proposal for a directive Annex I – point a f (new) (59af) European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10–23).
Amendment 599 #
Proposal for a directive Annex I – point 59 a f (new) (59af) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC
Amendment 60 #
Proposal for a directive Recital 4 (4) It is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the Single Market. To prevent the misuse of representative actions, elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed
Amendment 600 #
Proposal for a directive Annex I – point a g (new) (59ag) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19–76).
Amendment 601 #
Proposal for a directive Annex I – point 59 a g (new) (59ag) Directive 2013/50/EU of the European Parliament and of the Council of 22 October 2013 amending Directive 2004/109/EC of the European Parliament and of the Council on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, Directive 2003/71/EC of the European Parliament and of the Council on the prospectus to be published when securities are offered to the public or admitted to trading and Commission Directive 2007/14/EC laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC;
Amendment 602 #
Proposal for a directive Annex I – point a h (new) (59ah) Directive 2013/50/EU of the European Parliament and of the Council of 22 October 2013 amending Directive 2004/109/EC of the European Parliament and of the Council on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, Directive 2003/71/EC of the European Parliament and of the Council on the prospectus to be published when securities are offered to the public or admitted to trading and Commission Directive 2007/14/EC laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC (OJ L 294, 6.11.2013, p. 13– 27).
Amendment 603 #
Proposal for a directive Annex I – point 59 a h (new) (59ah) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000
Amendment 604 #
Proposal for a directive Annex I – point 59 a i (new) (59ai) Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed - Council statement (OJ L 140, 30/05/2002, p. 0010 - 0022).
Amendment 605 #
Proposal for a directive Annex I – point 59 a i (new) (59ai) Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse
Amendment 606 #
Proposal for a directive Annex I – point a j (new) (59aj) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1–21).
Amendment 607 #
Proposal for a directive Annex I – point 59 a j (new) (59aj) Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas
Amendment 608 #
Proposal for a directive Annex I – point a k (new) (59ak) Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23–34).
Amendment 609 #
Proposal for a directive Annex I – point 59 a k (new) (59ak) Directive 2000/43/EC against discrimination on grounds of race and ethnic origin.
Amendment 61 #
Proposal for a directive Recital 5 (5) Infringements that affect the collective interests of consumers or citizens often have cross-border implications. More effective and efficient representative actions available across the Union should boost consumer confidence in the internal market and empower consumers to exercise their rights. Moreover, it should enhance the efficiency of the Member States’ justice systems.
Amendment 610 #
Proposal for a directive Annex I – point a l (new) (59al) Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (OJ L 304, 21.11.2003, p. 1– 194).
Amendment 611 #
Proposal for a directive Annex I – point 59 a l (new) (59al) Directive 2000/78/EC against discrimination at work on grounds of religion or belief, disability, age or sexual orientation.
Amendment 612 #
Proposal for a directive Annex I – point 59 a m (new) (59am) Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (OJ L 173, 12.6.2014, p. 1–61).
Amendment 613 #
Proposal for a directive Annex I – point 59 a m (new) (59am) Directive 2006/54/EC equal treatment for men and women in matters of employment and occupation.
Amendment 614 #
Proposal for a directive Annex I – point 59 a n (new) (59an) Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents (OJ L 104, 8.4.2004, p. 1–35).
Amendment 615 #
(59an) Directive 2004/113/EC equal treatment for men and women in the access to and supply of goods and services.
Amendment 616 #
Proposal for a directive Annex I – point 59 a o (new) (59ao) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (OJ L 158, 30.4.2004, p. 7–49).
Amendment 617 #
Proposal for a directive Annex I – point 59 a o (new) (59ao) Directive Proposal [COM(2008)426] against discrimination based on age, disability, sexual orientation and religion or belief beyond the workplace.
Amendment 618 #
Proposal for a directive Annex I – point 59 a p (new) (59ap) Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (OJ L 130, 19.5.2017, p. 1–20).
Amendment 619 #
Proposal for a directive Annex I – point 59 a q (new) (59aq) Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (OJ L81, 31.3.2016, p. 1-7)).
Amendment 62 #
Proposal for a directive Recital 5 (5) Infringements that affect the collective interests of consumers often have cross-border implications. More effective and efficient representative actions available across the Union should boost consumer confidence in the internal market and empower consumers to exercise their rights, while at the same time guaranteeing a high level of protection for the rights of traders.
Amendment 620 #
Proposal for a directive Annex I – point 59 a r (new) (59ar) Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1– 16).
Amendment 621 #
Proposal for a directive Annex I – point 59 a s (new) (59as) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55–205).
Amendment 622 #
Proposal for a directive Annex I – point 59 a t (new) (59at) Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16– 33).
Amendment 623 #
Proposal for a directive Annex I – point 59 a u (new) (59au) Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003, (OJ L 211, 14.8.2009, p. 15–35).
Amendment 624 #
Proposal for a directive Annex I – point 59 a v (new) (59av) Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005, (OJ L 211, 14.8.2009, p. 36–54).
Amendment 625 #
Proposal for a directive Annex I – point 59 a w (new) (59aw) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC, (OJ L 309, 24.11.2009, p. 1–50).
Amendment 626 #
Proposal for a directive Annex I – point 59 a x (new) (59ax) Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides, (OJ L 309, 24.11.2009, p. 71–86).
Amendment 627 #
Proposal for a directive Annex I – point 59 a y (new) (59ay) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1–50).
Amendment 628 #
Proposal for a directive Annex I – point 59 a z (new) (59az) Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes Text with EEA relevance (OJ L 276, 20.10.2010, p. 33–79).
Amendment 63 #
Proposal for a directive Recital 5 (
Amendment 64 #
Proposal for a directive Recital 5 (5) Infringements by traders that affect
Amendment 65 #
Proposal for a directive Recital 6 (6) This Directive should cover a variety of
Amendment 66 #
Proposal for a directive Recital 6 (6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, energy, telecommunications, competition and environment.
Amendment 67 #
Proposal for a directive Recital 6 (6) This Directive should cover a variety of areas such as data protection, non-discrimination, the protection of workers’ rights, the protection of the environment, health, competition, consumer protection including regarding financial services, travel and tourism, energy
Amendment 68 #
Proposal for a directive Recital 6 (6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism,
Amendment 69 #
Proposal for a directive Recital 7 Amendment 70 #
Proposal for a directive Recital 7 Amendment 71 #
Proposal for a directive Recital 7 Amendment 72 #
Proposal for a directive Recital 7 Amendment 73 #
Proposal for a directive Recital 7 (7) The Commission has adopted legislative proposals for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and
Amendment 74 #
Proposal for a directive Recital 7 (7) The Commission has adopted legislative proposals for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air30 and for a Regulation of the European Parliament and of the Council on rail passengers' rights and obligations.31 It is therefore appropriate to provide that,
Amendment 75 #
Proposal for a directive Recital 8 (8)
Amendment 76 #
Proposal for a directive Recital 8 (8) Building on Directive 2009/22/EC, this Directive should cover both domestic and cross-border infringements, in particular when consumers or citizens concerned by an infringement live in one or several Member States other than the Member State where the infringing trader is established. It should also cover infringements which ceased before the representative action started or concluded, since it may still be necessary to prevent the repetition of the practice, establish that a given practice constituted an infringement and facilitate consumer or citizen redress.
Amendment 77 #
Proposal for a directive Recital 8 (8) Building on Directive 2009/22/EC, this Directive should cover both domestic and cross-border infringements, in particular when
Amendment 78 #
Proposal for a directive Recital 9 Amendment 79 #
Proposal for a directive Recital 9 (9) This Directive should not establish rules of private international law regarding jurisdiction, the recognition and enforcement of judgments or applicable law. The existing Union law instruments apply to the representative actions set out by this Directive preventing any increase in forum shopping.
Amendment 80 #
Proposal for a directive Recital 10 (10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law.
Amendment 81 #
Proposal for a directive Recital 10 (10) As only qualified entities can bring the representative actions, to ensure that the collective interests
Amendment 82 #
Proposal for a directive Recital 10 (10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action. Furthermore, the involvement of ad hoc associations set up as a delaying tactic is precisely what would be prevented if the latter entities had an enhanced licence.
Amendment 83 #
Proposal for a directive Recital 10 (10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of
Amendment 84 #
Proposal for a directive Recital 10 (10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to
Amendment 85 #
Proposal for a directive Recital 10 (10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include
Amendment 86 #
Proposal for a directive Recital 10 (10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers or citizens are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action.
Amendment 87 #
Proposal for a directive Recital 10 (10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding
Amendment 88 #
Proposal for a directive Recital 11 Amendment 89 #
Proposal for a directive Recital 11 (11) Independent public bodies and consumer organisations in particular
Amendment 90 #
Proposal for a directive Recital 11 (11) Independent public bodies or those with specific relevant statutory responsibilities and consumer organisations in particular should play an active role in ensuring compliance with relevant provisions of Union law and are all well placed to act as qualified entities.
Amendment 91 #
Proposal for a directive Recital 11 (11) Independent public bodies
Amendment 92 #
Proposal for a directive Recital 11 (11)
Amendment 93 #
Proposal for a directive Recital 11 (11) Independent public bodies
Amendment 94 #
Proposal for a directive Recital 12 (12) Since both judicial and administrative procedures may effectively and efficiently serve the protection of the collective interests of consumers it is left to the discretion of the Member States whether the representative action can be brought in judicial or administrative proceedings, or both, depending on the relevant area of law or relevant economic sector. It is also left to the discretion of Member States whether the representative action can or must be preceded by conciliation or mediation. This shall be without prejudice to the right to an effective remedy under Article 47 of the Charter of Fundamental
Amendment 95 #
Proposal for a directive Recital 12 (12) Since both judicial and administrative procedures may effectively and efficiently serve the protection of the collective interests of consumers or citizens it is left to the discretion of the Member States whether the representative action can be brought in judicial or administrative proceedings, or both, depending on the relevant area of law or relevant economic sector. This shall be without prejudice to the right to an effective remedy under Article 47 of the Charter of Fundamental Rights of the European Union, whereby Member States shall ensure that consumers, citizens and businesses have the right to an effective remedy before a court or tribunal, against any administrative decision taken pursuant to national provisions implementing this Directive. This shall include the possibility for the parties to obtain a decision granting suspension of
Amendment 96 #
Proposal for a directive Recital 12 (12) Since both judicial and administrative procedures may effectively and efficiently serve the protection of
Amendment 97 #
(13) To increase the procedural effectiveness of representative actions, qualified entities should have the possibility to seek different measures within a single representative action or within separate representative actions. These measures should include interim measures for stopping an ongoing practice or prohibiting a practice in case the practice has not been carried out but there is a risk that it would cause serious or irreversible harm to consumers, measures establishing that a given practice constitutes an infringement of law and, if necessary, stopping or prohibiting the practice for the future
Amendment 98 #
Proposal for a directive Recital 13 (13) To increase the procedural effectiveness of representative actions, qualified entities should have the possibility to seek different measures within a single representative action or within separate representative actions. These measures should include interim
Amendment 99 #
Proposal for a directive Recital 14 (14) Injunction orders aim at the protection of the collective interests of consumers
source: 630.422
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Old
Document attached to the procedureNew
Council statement on its position |
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https://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE659.054
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JURI/9/02015
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JURI/8/12817
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https://dmsearch.eesc.europa.eu/search/public?k=(documenttype:AC)(documentnumber:2126)(documentyear:2018)(documentlanguage:EN)
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EP
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EP
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EP
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5392
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EC
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| procedure/Modified legal basis |
Rules of Procedure EP 159
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2018-09-12Show (12) Changes | Timetravel
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Internal Market and Consumer Protection (Associated committee) |
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2018-05-16T00:00:00
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Awaiting committee decision |
2018-04-27Show (2) Changes | Timetravel
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