{"change_dates":[],"dossier":{"amendments":[{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-37","location":[["Proposal for a directive","\u2013"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:06"},"new":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"37","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-38","location":[["Proposal for a directive","Recital 1"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:06"},"new":["(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 and for confirming that an","infringement took place."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"38","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-39","location":[["Proposal for a directive","Recital 1"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:06"},"new":["(1) The purpose of this Directive is to","enable qualified entities, which represent","the collective interests, 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."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"39","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-40","location":[[" Proposal for a directive","Recital 1"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:06"},"new":["(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,","reimbursement of the price paid, repair,","replacement, removal, price reduction or","contract termination as available under","national laws."],"old":["(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."],"orig_lang":"it","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"40","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Evelyne Gebhardt, Kerstin Westphal, Virginie Rozi\u00e8re, Olga Sehnalov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-41","location":[[" Proposal for a directive","Recital 1"]],"meps":[1913,96839,103845,96718],"meta":{"created":"2019-07-03T06:35:06"},"new":["(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, price","reduction, replacement, shipment, supply","or updates as available under national","laws."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"41","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Virginie Rozi\u00e8re, Liisa Jaakonsaari, Lucy Anderson, Nicola Danti, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-42","location":[["Proposal for a directive","Recital 1"]],"meps":[103845,96684,124949,124821,124776],"meta":{"created":"2019-07-03T06:35:06"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"42","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Matthijs van Miltenburg","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-43","location":[["Proposal for a directive","Recital 1"]],"meps":[125022],"meta":{"created":"2019-07-03T06:35:06"},"new":["(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","entitled to demand 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."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"43","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-44","location":[[" Proposal for a directive","Recital 3"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:06"},"new":["(3) A representative action should offer","an effective and efficient way of protecting","the collective interests and public interests","recognised as such in the case law of the","Court of Justice, including inter alia the","following grounds: data protection; public","security; public safety; public health;","preserving the social security system; the","protection of consumers, recipients of","services and workers; fairness of trade","transactions; combating fraud; the","protection of the environment and the","urban environment; the health of","animals; the conservation of the national","historic and artistic heritage; social policy","objectives and cultural policy objectives. 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 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."],"old":["(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, 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"44","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Evelyne Gebhardt, Kerstin Westphal, Liisa Jaakonsaari, Virginie Rozi\u00e8re, Olga Sehnalov\u00e1, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-45","location":[["Proposal for a directive","Recital 3"]],"meps":[1913,96839,96684,103845,96718,124949],"meta":{"created":"2019-07-03T06:35:06"},"new":["(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."],"old":["(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, 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"45","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Maria Grapini","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-46","location":[["Proposal for a directive","Recital 3"]],"meps":[124785],"meta":{"created":"2019-07-03T06:35:07"},"new":["(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."],"old":["(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, 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."],"orig_lang":"ro","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"46","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-47","location":[[" Proposal for a directive","Recital 4"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:07"},"new":["(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","individuals 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.","This Directive should not affect national","rules concerning the allocation of","procedural costs."],"old":["(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.","This Directive should not affect national","rules concerning the allocation of","procedural costs."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"47","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-48","location":[[" Proposal for a directive","Recital 5"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:07"},"new":["(5) Infringements that affect the","collective interests 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","individuals to exercise their rights."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"48","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Lucy Anderson, Biljana Borzan, Marlene Mizzi, Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-49","location":[["Proposal for a directive","Recital 6"]],"meps":[124949,112748,118858,1913],"meta":{"created":"2019-07-03T06:35:07"},"new":["(6) This Directive should cover all","consumer law and related areas in line in","particular with Articles 11 and 169 TFEU","and Article 47 of the EU Charter of","Fundamental Rights. 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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."],"old":["(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","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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"49","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-50","location":[[" Proposal for a directive","Recital 6"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:07"},"new":["(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","individuals, regardless of whether they are","referred to as consumers or as workers,","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 is","adopted, whether to amend the Annex to","the present Directive in order to place it","under its scope."],"old":["(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 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"50","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Virginie Rozi\u00e8re, Liisa Jaakonsaari, Evelyne Gebhardt, Nicola Danti","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-51","location":[[" Proposal for a directive","Recital 6"]],"meps":[103845,96684,1913,124821],"meta":{"created":"2019-07-03T06:35:07"},"new":["(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."],"old":["(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 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"51","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Maria Grapini","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-52","location":[["Proposal for a directive","Recital 6"]],"meps":[124785],"meta":{"created":"2019-07-03T06:35:07"},"new":["(6) This Directive should cover a","variety of areas such as data protection,","financial services, travel and tourism,","energy, telecommunications, transport and","the 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."],"old":["(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 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."],"orig_lang":"ro","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"52","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Evelyne Gebhardt, Liisa Jaakonsaari, Virginie Rozi\u00e8re, Olga Sehnalov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-53","location":[[" Proposal for a directive","Recital 6"]],"meps":[1913,96684,103845,96718],"meta":{"created":"2019-07-03T06:35:07"},"new":["(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."],"old":["(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 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"53","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-54","location":[[" Proposal for a directive","Recital 7"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:07"},"new":["deleted"],"old":["(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, one year after the entry into","force of this Directive, the Commission","assesses whether the Union rules in the","area of air and rail passengers' rights","offer an adequate level of protection for","consumers, comparable to that provided","for in this Directive, and draws any","necessary conclusions as regards the","scope of this Directive.","_________________","30","COM(2013) 130 final.","31","COM(2017) 548 final."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"54","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Virginie Rozi\u00e8re, Evelyne Gebhardt, Lucy Anderson, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-55","location":[["Proposal for a directive","Recital 7"]],"meps":[103845,1913,124949,124776],"meta":{"created":"2019-07-03T06:35:07"},"new":["deleted","COM(2013) 130 final.","COM(2017) 548 final."],"old":["(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, one year after the entry into","force of this Directive, the Commission","assesses whether the Union rules in the","area of air and rail passengers' rights","","offer an adequate level of protection for","consumers, comparable to that provided","for in this Directive, and draws any","necessary conclusions as regards the","scope of this Directive.","_________________","30","31"],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"55","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-56","location":[[" Proposal for a directive","Recital 8"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:07"},"new":["(8) Building on Directive 2009/22/EC,","this Directive should cover both domestic","and cross-border infringements, in","particular when individuals 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 redress."],"old":["(8) Building on Directive 2009/22/EC,","this Directive should cover both domestic","and cross-border infringements, in","particular when consumers 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","redress."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"56","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Othmar Karas, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-57","location":[[" Proposal for a directive","Recital 10"]],"meps":[28223,4246,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:07"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"57","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-58","location":[["Proposal for a directive","Recital 10"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:07"},"new":["(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 act","independently from the third parties and","have a sufficient capacity in terms of","resources to represent multiple consumers","and acting in their best interest. They","should also be not for profit and have a","legitimate interest in ensuring compliance","with the relevant Union law."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"58","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Matthijs van Miltenburg","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-59","location":[[" Proposal for a directive","Recital 10"]],"meps":[125022],"meta":{"created":"2019-07-03T06:35:08"},"new":["(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.","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."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"59","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Evelyne Gebhardt, Liisa Jaakonsaari, Olga Sehnalov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-60","location":[["Proposal for a directive","Recital 10"]],"meps":[1913,96684,96718],"meta":{"created":"2019-07-03T06:35:08"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"60","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-61","location":[["Proposal for a directive","Recital 10"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:08"},"new":["(10) As only qualified entities can bring","the representative actions, to ensure that","the collective interests 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."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"61","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Othmar Karas, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-62","location":[[" Proposal for a directive","Recital 11"]],"meps":[28223,4246,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:08"},"new":["deleted"],"old":["(11) Independent public bodies 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","consumers and hold different priorities","for their activities, Member States should","be free to decide on the types of measures","that may be sought by each of these","qualified entities in representative actions."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"62","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-63","location":[[" Proposal for a directive","Recital 11"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:08"},"new":["(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 individuals and hold","different priorities for their activities,","Member States should be free to decide on","the types of measures that may be sought","by each of these qualified entities in","representative actions."],"old":["(11) Independent public bodies 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","consumers and hold different priorities for","their activities, Member States should be","free to decide on the types of measures that","may be sought by each of these qualified","entities in representative actions."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"63","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-64","location":[["Proposal for a directive","Recital 11"]],"meps":[124949],"meta":{"created":"2019-07-03T06:35:08"},"new":["(11) Independent public bodies,","consumer organisations, and citizens'","advice groups 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 consumers and hold","different priorities for their activities,","Member States should be free to decide on","the types of measures that may be sought","by each of these qualified entities in","representative actions."],"old":["(11) Independent public bodies 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","consumers and hold different priorities for","their activities, Member States should be","free to decide on the types of measures that","may be sought by each of these qualified","entities in representative actions."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"64","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Evelyne Gebhardt, Kerstin Westphal, Liisa Jaakonsaari","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-65","location":[[" Proposal for a directive","Recital 11 a (new)"]],"meps":[1913,96839,96684],"meta":{"created":"2019-07-03T06:35:08"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"65","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-66","location":[[" Proposal for a directive","Recital 12"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:08"},"new":["deleted"],"old":["(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. 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 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 enforcement of the disputed","decision, in accordance with national law."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"66","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Virginie Rozi\u00e8re, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-67","location":[["Proposal for a directive","Recital 13"]],"meps":[103845,124776],"meta":{"created":"2019-07-03T06:35:08"},"new":["(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. If sought within a","single action, qualified entities should be","able to seek all relevant measures at the","moment of bringing the action."],"old":["(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, including redress. If sought","within a single action, qualified entities","should be able to seek all relevant","measures at the moment of bringing the","action or first seek relevant injunctions","order and subsequently and if appropriate","redress order."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"67","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Andreas Schwab, Othmar Karas, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-68","location":[["Proposal for a directive","Recital 13"]],"meps":[28223,4246,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:08"},"new":["(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. If sought within a single","action, qualified entities should be able to","seek all relevant measures at the moment","of bringing the action or first seek relevant","injunctions order and subsequently and if","appropriate declaratory order."],"old":["(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, including redress. If sought","within a single action, qualified entities","should be able to seek all relevant","measures at the moment of bringing the","action or first seek relevant injunctions","order and subsequently and if appropriate","redress order."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"68","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-69","location":[[" Proposal for a directive","Recital 14"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:08"},"new":["(14) Injunction orders aim at the","protection of the collective interests","independently of any actual loss or damage","suffered by individuals. Injunction orders","may require traders to take specific action,","such as providing individuals 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."],"old":["(14) Injunction orders aim at the","protection of the collective interests of","consumers independently of any actual","loss or damage suffered by individual","consumers. Injunction orders may require","traders to take specific action, such as","providing consumers 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"69","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-70","location":[["Proposal for a directive","Recital 15"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:08"},"new":["(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."],"old":["(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 consumers harmed by the","practice subject to the injunction order."],"orig_lang":"it","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"70","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-71","location":[["Proposal for a directive","Recital 15"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:08"},"new":["(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 individuals harmed by the","practice subject to the injunction order."],"old":["(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 consumers harmed by the","practice subject to the injunction order."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"71","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-72","location":[[" Proposal for a directive","Recital 16"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:08"},"new":["(16) Qualified entities should be able to","seek measures aimed at eliminating the","continuing effects of the infringement."],"old":["(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, price reduction,","contract termination or reimbursement of","the price paid, as appropriate and as","available under national laws."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"72","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-73","location":[[" Proposal for a directive","Recital 16"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:08"},"new":["(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."],"old":["(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, price reduction,","contract termination or reimbursement of","the price paid, as appropriate and as","available under national laws."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"73","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-74","location":[[" Proposal for a directive","Recital 16"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:08"},"new":["(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."],"old":["(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, price reduction,","contract termination or reimbursement of","the price paid, as appropriate and as","available under national laws."],"orig_lang":"it","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"74","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-75","location":[["Proposal for a directive","Recital 17"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:08"},"new":["(17) The compensation awarded to","individuals 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."],"old":["(17) The compensation awarded to","consumers 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"75","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Andreas Schwab, Othmar Karas, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-76","location":[["Proposal for a directive","Recital 18"]],"meps":[28223,4246,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:09"},"new":["(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."],"old":["(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. In","representative actions for redress the","court or administrative authority should","verify at the earliest possible stage of the","proceedings whether the case is suitable","for being brought as a representative","action, given the nature of the","infringement and characteristics of the","damages suffered by consumers","concerned."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"76","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-77","location":[[" Proposal for a directive","Recital 18"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:09"},"new":["(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. All representative collective actions","should be based on an opt-in principle","and affected consumers should be able to","join the case by means of an opt-in up to","the moment of the final judgement in the","case. Any exception to this principle","should be duly justified. The qualified","entity should be therefore required to","identify at least some of the consumers","concerned by an infringement in order to","initiate the action. In representative actions","for redress the court or administrative","authority should verify at the earliest","possible stage of the proceedings whether","the case is suitable for being brought as a","representative action, given the nature of","the infringement, such as uniformity of the","claims and commonality of the measures","sought, and characteristics of the damages","suffered by consumers concerned."],"old":["(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. In","representative actions for redress the court","or administrative authority should verify at","the earliest possible stage of the","proceedings whether the case is suitable for","being brought as a representative action,","given the nature of the infringement and","characteristics of the damages suffered by","consumers concerned."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"77","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-78","location":[["Proposal for a directive","Recital 18"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:09"},"new":["(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 individuals 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 individuals concerned by an","infringement in order to initiate the action.","In representative actions for redress the","court or administrative authority should","verify at the earliest possible stage of the","proceedings whether the case is suitable for","being brought as a representative action,","given the nature of the infringement and","characteristics of the damages suffered by","individuals concerned."],"old":["(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. In","representative actions for redress the court","or administrative authority should verify at","the earliest possible stage of the","proceedings whether the case is suitable for","being brought as a representative action,","given the nature of the infringement and","characteristics of the damages suffered by","consumers concerned."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"78","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Virginie Rozi\u00e8re, Evelyne Gebhardt, Lucy Anderson, Nicola Danti, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-79","location":[["Proposal for a directive","Recital 19"]],"meps":[103845,1913,124949,124821,124776],"meta":{"created":"2019-07-03T06:35:09"},"new":["deleted"],"old":["(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 duly justified cases","where the quantification of the individual","redress to be attributed to each of the","consumer concerned by the representative","action is 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 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"79","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Othmar Karas, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-80","location":[[" Proposal for a directive","Recital 19"]],"meps":[28223,4246,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:09"},"new":["deleted"],"old":["(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 duly justified cases","where the quantification of the individual","redress to be attributed to each of the","consumer concerned by the representative","action is 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 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"80","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-81","location":[["Proposal for a directive","Recital 19"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:09"},"new":["deleted"],"old":["(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 duly justified cases","where the quantification of the individual","redress to be attributed to each of the","consumer concerned by the representative","action is 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 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"81","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-82","justification":"The most complex cases are precisely the types of cases in which consumers do not seek\nindividual redress. The provision allowing Member States to derogate from the proposal in\ncases of complex quantification of the harm, leaving consumers no option other than that of\nacting individually, should therefore be deleted.","location":[[" Proposal for a directive","Recital 19"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:09"},"new":["(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. The court or the national","authority should duly motivate its recourse","to a declaratory decision instead of a","redress order in a particular case."],"old":["(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 duly justified cases where the","quantification of the individual redress to","be attributed to each of the consumer","concerned by the representative action is","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","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."],"orig_lang":"it","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"82","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Matthijs van Miltenburg, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-83","location":[["Proposal for a directive","Recital 19"]],"meps":[125022,124708],"meta":{"created":"2019-07-03T06:35:09"},"new":["(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."],"old":["(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 duly justified cases where the","quantification of the individual redress to","be attributed to each of the consumer","concerned by the representative action is","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 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"83","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Othmar Karas, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-84","location":[[" Proposal for a directive","Recital 20"]],"meps":[28223,4246,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:09"},"new":["deleted"],"old":["(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","provide consumers with the possibility to","directly benefit from a redress order after","it was issued without being required to","give their individual mandate before the","redress order is issued."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"84","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Maria Grapini","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-85","location":[["Proposal for a directive","Recital 20"]],"meps":[124785],"meta":{"created":"2019-07-03T06:35:09"},"new":["(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 inform","consumers on the possibility to directly","benefit from a redress order after it was","issued without being required to give their","individual mandate before the redress order","is issued."],"old":["(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 provide","consumers with the possibility to directly","benefit from a redress order after it was","issued without being required to give their","individual mandate before the redress order","is issued."],"orig_lang":"ro","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"85","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-86","location":[["Proposal for a directive","Recital 20"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:09"},"new":["(20) Where individuals 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 contracts, the court or","administrative authority may clearly define","the group of individuals 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","individuals 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 individuals with the","possibility to directly benefit from a","redress order after it was issued without","being required to give their individual","mandate before the redress order is issued."],"old":["(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 provide","consumers with the possibility to directly","benefit from a redress order after it was","issued without being required to give their","individual mandate before the redress order","is issued."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"86","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Othmar Karas, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga, Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-87","location":[[" Proposal for a directive","Recital 21"]],"meps":[28223,4246,124929,96756,124763,125706],"meta":{"created":"2019-07-03T06:35:09"},"new":["deleted"],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"87","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-88","location":[["Proposal for a directive","Recital 21"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:09"},"new":["deleted"],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"88","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-89","justification":" The proposed measure might result in cases where the business is sanctioned twice for the\n same infringement. This leads to the situation, where consumers do not receive any redress\n and this provision has only punitive character which should be taken into account by public\n enforcement authorities when imposing fines. Regarding the second sentence, the example of\n a simple mechanism for consumers could be for instance a website, where consumers can\n upload their evidence and account number.","location":[["Proposal for a directive","Recital 21"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:09"},"new":["(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. In","such cases, Member States should","consider to set up a simple mechanism for","consumers to easily claim the small","amount of compensation at the end of the","representative action."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"89","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-90","justification":"Consumers who have become victims of fraud should always be able to obtain the\ncompensation to which they are entitled.","location":[[" Proposal for a directive","Recital 21"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:09"},"new":["(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. It is therefore desirable","that consumers should in every case","obtain the compensation due and that the","charges for the redistribution of funds to","the consumers concerned should be borne","by the traders who committed the","infringement."],"old":["(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."],"orig_lang":"it","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"90","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Evelyne Gebhardt, Virginie Rozi\u00e8re, Olga Sehnalov\u00e1, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-91","location":[["Proposal for a directive","Recital 21"]],"meps":[1913,103845,96718,124949],"meta":{"created":"2019-07-03T06:35:09"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"91","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-92","location":[[" Proposal for a directive","Recital 22"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:10"},"new":["deleted","OJ L 345, 27.12.2017."],"old":["(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 2006/2004.32","_________________","32"],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"92","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Matthijs van Miltenburg","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-93","location":[[" Proposal for a directive","Recital 22"]],"meps":[125022],"meta":{"created":"2019-07-03T06:35:10"},"new":["deleted"],"old":["(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 2006/2004.32","_________________","32","OJ L 345, 27.12.2017."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"93","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-94","location":[["Proposal for a directive","Recital 22"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:10"},"new":["(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.","Although the decision on representative","actions can be taken after having","established that a practice constitutes a","violation of Union law, nonetheless in","order not to prolong procedures and not","to increase the risk that consumers may","lose evidence which supports their case","and may cease to have an interest in the","case, actions can also be initiated before a","final decision is handed down by a court","or administrative authority.","_________________","32","OJ L 345, 27.12.2017. OJ L 345, 27.12.2017."],"old":["(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 2006/2004.32 .","_________________","32"],"orig_lang":"it","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"94","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Virginie Rozi\u00e8re, Evelyne Gebhardt, Lucy Anderson, Nicola Danti, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-95","location":[[" Proposal for a directive","Recital 22"]],"meps":[103845,1913,124949,124821,124776],"meta":{"created":"2019-07-03T06:35:10"},"new":["(22) Measures aimed at eliminating the","continuing effects of the infringement may","be sought, establishing an infringement of","Union law covered by the scope of this","Directive harming collective interest of","consumers. For example, 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 2006/2004.32","_________________","32","OJ L 345, 27.12.2017. OJ L 345, 27.12.2017."],"old":["(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 2006/2004.32","_________________","32"],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"95","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-96","location":[["Proposal for a directive","Recital 23"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:10"},"new":["(23) This Directive provides for a","procedural mechanism, which does not","affect the rules establishing substantive","rights of individuals 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."],"old":["(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 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"96","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-97","justification":" Member States in which representative actions for the protection of the collective interests of\n consumers work well must not be compelled to harmonise their procedures so as to make\n them worse.","location":[["Proposal for a directive","Recital 24"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:10"},"new":["(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","minimum standards established by this","Directive."],"old":["(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","modalities set by this Directive."],"orig_lang":"it","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"97","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-98","location":[[" Proposal for a directive","Recital 25"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:10"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"98","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-99","location":[["Proposal for a directive","Recital 26"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:10"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"99","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Maria Grapini","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-100","location":[["Proposal for a directive","Recital 26"]],"meps":[124785],"meta":{"created":"2019-07-03T06:35:10"},"new":["(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."],"old":["(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."],"orig_lang":"ro","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"100","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-101","location":[[" Proposal for a directive","Recital 26"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:10"},"new":["(26) Collective out-of-court settlements","aimed at providing redress to harmed","individuals should be encouraged both","before the representative action is brought","and at any stage of the representative","action."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"101","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Othmar Karas, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-102","location":[[" Proposal for a directive","Recital 27"]],"meps":[28223,4246,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:10"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"102","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Evelyne Gebhardt, Virginie Rozi\u00e8re, Olga Sehnalov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-103","location":[[" Proposal for a directive","Recital 27"]],"meps":[1913,103845,96718],"meta":{"created":"2019-07-03T06:35:10"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"103","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-104","location":[["Proposal for a directive","Recital 27"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:11"},"new":["(27) Member States may provide that a","qualified entity and a trader who have","reached a settlement regarding redress for","individuals 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. Individuals","concerned shall be given the possibility to","accept or to refuse to be bound by such a","settlement."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"104","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-105","location":[[" Proposal for a directive","Recital 28"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:11"},"new":["(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 individuals 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 individuals concerned, the possible","type of redress to be offered, the","willingness of the parties to settle and the","expediency of the procedure."],"old":["(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 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 concerned, the possible","type of redress to be offered, the","willingness of the parties to settle and the","expediency of the procedure."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"105","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-106","location":[[" Proposal for a directive","Recital 29"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:11"},"new":["deleted"],"old":["(29) In order to facilitate redress for","individual consumers 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"106","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Andreas Schwab, Othmar Karas, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-107","location":[["Proposal for a directive","Recital 30"]],"meps":[28223,4246,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:11"},"new":["(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."],"old":["(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 concerned shall be given the","possibility to accept or to refuse to be","bound by such a settlement."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"107","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-108","location":[["Proposal for a directive","Recital 30"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:11"},"new":["(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."],"old":["(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 concerned shall be given the","possibility to accept or to refuse to be","bound by such a settlement."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"108","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-109","location":[[" Proposal for a directive","Recital 30"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:11"},"new":["(30) Any out-of-court settlement","reached within the context of a","representative action 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. Individuals","concerned shall be given the possibility to","accept or to refuse to be bound by such a","settlement."],"old":["(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 concerned shall be given the","possibility to accept or to refuse to be","bound by such a settlement."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"109","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-110","location":[[" Proposal for a directive","Recital 31"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:11"},"new":["(31) Ensuring that affected consumers","are informed about a representative action","is crucial for its success. Consumers should","be informed about the final decisions of","an injuntion order which is providing for","measures and the approved settlements","appropriately to the circumstances of the","case. Consumers affected should be","informed that a trader's practice has been","considered as a breach of law by the final","injunction order, their rights following the","establishment of an infringement and a","possibility of any subsequent steps such as","a representative action to be taken by","consumers concerned. The presumtion of","innocence principle and reputational risks","related to speading information about a","potential infringement should be taken","into account."],"old":["(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. The","reputational risks associated with","spreading information about the","infringement are also important for","deterring traders infringing consumer","rights."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"110","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Andreas Schwab, Othmar Karas, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga, Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-111","location":[["Proposal for a directive","Recital 31"]],"meps":[28223,4246,124929,96756,124763,125706],"meta":{"created":"2019-07-03T06:35:11"},"new":["(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."],"old":["(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. The","reputational risks associated with","spreading information about the","infringement are also important for","deterring traders infringing consumer","rights."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"111","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-112","location":[["Proposal for a directive","Recital 31"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:11"},"new":["(31) Ensuring that individuals and the","general public are informed about a","representative action is crucial for its","success. Individuals and the general","public 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 individuals","concerned, particularly for obtaining","redress. The reputational risks associated","with spreading information about the","infringement are also important for","deterring infringing traders."],"old":["(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. The","reputational risks associated with spreading","information about the infringement are also","important for deterring traders infringing","consumer rights."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"112","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Evelyne Gebhardt, Kerstin Westphal, Liisa Jaakonsaari, Olga Sehnalov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-113","location":[[" Proposal for a directive","Recital 31 a (new)"]],"meps":[1913,96839,96684,96718],"meta":{"created":"2019-07-03T06:35:11"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"113","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-114","location":[[" Proposal for a directive","Recital 32"]],"meps":[125706],"meta":{"created":"2019-07-03T06:35:11"},"new":["(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."],"old":["(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 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."],"orig_lang":"cs","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"114","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-115","location":[["Proposal for a directive","Recital 32"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:11"},"new":["(32) To be effective, the information","should be adequate and proportional to the","circumstances of the case. The infringing","trader should adequately inform all","individuals concerned as well as the","general public 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, individuals should be informed","individually through electronic or paper","letters. This information should be","provided in accessible formats for persons","with disabilities upon request."],"old":["(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 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"115","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-116","location":[[" Proposal for a directive","Recital 33"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:12"},"new":["deleted"],"old":["(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 a rebuttable","presumption that the infringement has","occurred."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"116","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Matthijs van Miltenburg, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-117","location":[[" Proposal for a directive","Recital 33"]],"meps":[125022,124708],"meta":{"created":"2019-07-03T06:35:12"},"new":["(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."],"old":["(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 a rebuttable","presumption that the infringement has","occurred."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"117","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Evelyne Gebhardt, Biljana Borzan, Kerstin Westphal, Olga Sehnalov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-118","location":[["Proposal for a directive","Recital 34 a (new)"]],"meps":[1913,112748,96839,96718],"meta":{"created":"2019-07-03T06:35:12"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"118","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-119","location":[["Proposal for a directive","Recital 35"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:12"},"new":["(35) Actions for redress based on the","establishment of an infringement by a final","injunction order regarding the liability of","the trader towards the harmed individuals","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 individuals","concerned by this action."],"old":["(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","concerned by this action."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"119","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Othmar Karas, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga, Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-120","location":[[" Proposal for a directive","Recital 37"]],"meps":[28223,4246,124929,96756,124763,125706],"meta":{"created":"2019-07-03T06:35:12"},"new":["(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.","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."],"old":["(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,","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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"120","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-121","location":[["Proposal for a directive","Recital 37"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:12"},"new":["(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. Member","States shall ensure that the court or","administrative authority verifies that a","requested evidence is precisely and","narrowly circumscribed on the basis of","reasonable available facts. 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."],"old":["(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,","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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"121","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-122","location":[[" Proposal for a directive","Recital 37"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:12"},"new":["(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 individuals concerned by","an infringement, deciding on redress and","adequately informing individuals","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 individuals","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."],"old":["(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,","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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"122","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-123","location":[["Proposal for a directive","Recital 39"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:12"},"new":["(39) Having regard to the fact that","representative actions pursue a public","interest by protecting the collective","interests, 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."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"123","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-124","location":[["Proposal for a directive","Recital 39 a (new)"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:12"},"new":["(39 a) Member States should ensure that","contingency fees, calculated as a","percentage of the clients' net recovery, are","avoided and lawyers\u2019 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"124","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-125","location":[["Proposal for a directive","Recital 41"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:12"},"new":["(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. 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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."],"old":["(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 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. 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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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"135","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Othmar Karas","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-136","justification":" The approach of the scope should be partially aligned with the CPC Regulation. Widespread\n domestic infringements, however, should be included.","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[4246],"meta":{"created":"2019-07-03T06:35:13"},"new":["1. 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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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"137","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-138","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:13"},"new":["2. This Directive shall not affect rules","establishing contractual and non-","contractual remedies available for such","infringements under Union or national law."],"old":["2. This Directive shall not affect rules","establishing contractual and non-","contractual remedies available to","consumers for such infringements under","Union or national law."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"138","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Evelyne Gebhardt, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-139","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point 1"]],"meps":[1913,124949],"meta":{"created":"2019-07-03T06:35:13"},"new":["(1) \u2018consumer\u2019 means any natural","person who is acting for purposes which","are mainly outside their trade, business,","craft or profession;"],"old":["(1) \u2018consumer\u2019 means any natural","person who is acting for purposes which","are outside their trade, business, craft 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paragraph 1 \u2013 subparagraph 2 \u2013 point a a (new)"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:14"},"new":["(a a) has a clear objective, publically","stated in its statute or other relevant","governance document to act in the","interest of consumers;"],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"154","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-155","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 subparagraph 2 \u2013 point a b (new)"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:14"},"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;"],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"155","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-156","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 subparagraph 2 \u2013 point a c (new)"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:15"},"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;"],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"156","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-157","justification":"Additional requirements/safeguards 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Member","States may designate as qualified entities","consumer organisations that represent","members from more than one Member","State."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"178","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-179","location":[["Proposal for a directive","Article 4 \u2013 paragraph 4"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:17"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"179","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Lucy Anderson, Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-180","location":[["Proposal for a directive","Article 4 \u2013 paragraph 4"]],"meps":[124949,1913],"meta":{"created":"2019-07-03T06:35:17"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"180","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-181","justification":" Which qualified entities may seek article 5 measures and which may seek article 6 measures\n is defined by this directive.","location":[["Proposal for a directive","Article 4 \u2013 paragraph 4"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:17"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"181","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-182","justification":" To prevent frivolous actions, courts or administrative authorities have to examine the\n admissibility of the actions brought by qualified entities.","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 5"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:17"},"new":["5. 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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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"183","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-184","justification":"In the Commission proposal, adequate admissibility standards are lacking. A case should\nfulfill certain criteria such as appropriate number of consumers affected, commonality in\ntheir damages and measures sought. There could be a minimum number of claimants \u2013 e.g.\n\n German law stipulates that unless at least 10 consumers are affected, representative action\n cannot be brought.","location":[["Proposal for a directive","Article 4 a (new)"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:17"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"184","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-185","justification":" This paragraph was moved to the previous article.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 1"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:17"},"new":["deleted"],"old":["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","which the action is brought."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"185","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Othmar Karas","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-186","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 1"]],"meps":[4246],"meta":{"created":"2019-07-03T06:35:17"},"new":["1. Member States shall ensure that","representative actions can be brought","before national courts or administrative","authorities by competent authorities."],"old":["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","which the action is brought."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"186","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Evelyne Gebhardt, Liisa Jaakonsaari, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-187","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1"]],"meps":[1913,96684,124949],"meta":{"created":"2019-07-03T06:35:17"},"new":["1. Member States shall ensure that","representative actions according to Article","1 can be brought before national courts or","administrative authorities by qualified","entities."],"old":["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","which the action is brought."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"187","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Othmar Karas","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-188","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[4246],"meta":{"created":"2019-07-03T06:35:17"},"new":["Member States shall ensure that competent","authorities are entitled to bring","representative actions seeking the","following measures:"],"old":["Member States shall ensure that qualified","entities are entitled to bring representative","actions seeking the following measures:"],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"188","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Othmar Karas","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-189","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point a"]],"meps":[4246],"meta":{"created":"2019-07-03T06:35:17"},"new":["(a) an injunction order as an interim","measure for stopping an illegal practice or,","if the practice has not yet been carried out","but is imminent, prohibiting the illegal","practice;"],"old":["(a) an injunction order as an interim","measure for stopping the practice or, if the","","practice has not yet been carried out but is","imminent, prohibiting the practice;"],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"189","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Matthijs van Miltenburg","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-190","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 subparagraph 1 \u2013 point b a (new)"]],"meps":[125022],"meta":{"created":"2019-07-03T06:35:17"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"190","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-191","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[125706],"meta":{"created":"2019-07-03T06:35:17"},"new":["In order to seek injunction orders, qualified","entities shall not have to obtain the","mandate of all the individual consumers","concerned"],"old":["In order to seek injunction orders, qualified","entities shall not have to obtain the","mandate of the individual consumers","concerned or provide proof of actual loss","or damage on the part of the consumers","concerned or of intention or negligence on","the part of the trader."],"orig_lang":"cs","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"191","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-192","justification":"As mentioned in the Commission's Recommendation to Member States of 2013, collective\naction should be based on the express consent of the persons claiming to have been harmed\n(\"opt in principle\"). The point of an injunction order is to prevent a possible loss or damage\nfrom happening, which is why at the time of the injunction order, the actual loss or damage\nhas not yet occured. Proof of loss or damage should therefore not be a condition to seek an\ninjunction order.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:17"},"new":["In order to seek injunction orders, qualified","entities shall demonstrate that they have","the mandate of at least 10 of the individual","consumers concerned, but shall not be","required to provide proof of actual loss or","damage on the part of the consumers","concerned."],"old":["In order to seek injunction orders, qualified","entities shall not have to obtain the","mandate of the individual consumers","concerned or provide proof of actual loss","or damage on the part of the consumers","concerned or of intention or negligence on","the part of the trader."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"192","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-193","justification":"This amendment is needed in view of the internal logic of the text and because the amendment\nis inextricably linked to other admissible amendments.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:17"},"new":["In order to seek injunction orders, qualified","entities shall obtain the mandate of the","individual consumers concerned or provide","proof of actual or predicted loss or damage","on the part of the consumers concerned or","of intention or negligence on the part of the","trader."],"old":["In order to seek injunction orders, qualified","entities shall not have to obtain the","mandate of the individual consumers","concerned or provide proof of actual loss","or damage on the part of the consumers","concerned or of intention or negligence on","the part of the trader."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"193","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-194","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:17"},"new":["In order to seek injunction orders, qualified","entities shall not have to obtain the","mandate of the individuals concerned or","provide proof of actual loss or damage on","the part of the individuals concerned or of","intention or negligence on the part of the","trader."],"old":["In order to seek injunction orders, qualified","entities shall not have to obtain the","mandate of the individual consumers","concerned or provide proof of actual loss","or damage on the part of the consumers","concerned or of intention or negligence on","the part of the trader."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"194","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Matthijs van Miltenburg","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-195","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[125022],"meta":{"created":"2019-07-03T06:35:18"},"new":["deleted"],"old":["3. 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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)."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"195","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-196","justification":"A distinction is made between entities being able to claim injunctions and entities being able\nto ask for a declaratory order.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:18"},"new":["3. 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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)."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"199","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-200","justification":"The judicial process to reach a final decision is often very long. That entails a risk that\nconsumers may lose the evidence supporting their case and cease to have an interest in it.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:18"},"new":["3. 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Without prejudice to Article 4(4),","Member States shall ensure that qualified","entities 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"202","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-203","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 4"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:18"},"new":["deleted"],"old":["4. Without prejudice to Article 4(4),","Member States shall ensure that qualified","entities 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"203","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-204","justification":"Only entities which are qualified for measures under article 6 can bring actions that combine\ninjunction and a declaratory order.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 4"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:18"},"new":["4. Member States shall ensure that","qualified entities which are eligible to","bring actions under Article 6 are able to","seek a declaratory decision regarding the","liability of the trader towards the","consumers harmed by an infringement of","Union law listed in Annex I together with","measures referred to in paragraph 2 of this","Article within a single representative","action, provided the identity of all","individuals seeking redress is known to","the court before its judgment."],"old":["4. Without prejudice to Article 4(4),","Member States shall ensure that qualified","entities 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"204","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-205","justification":"Article 5(3) and Article 5 (4) of the COM proposals are contradictory. The two steps process\nwhere the final decision on the injunction order is a condition for filling a collective redress\naction should serve as an appropriate safeguard from illegal reputation damaging claims and\nother forms of unjustified actions. In case of unjustified damage of reputation the responsible\nqualitied authority may be dissolved and the trader will not be able to get any compensation.\nA reputation can be easily lost but hard to get back.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 4"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:18"},"new":["4. Qualified entities shall not be 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."],"old":["4. Without prejudice to Article 4(4),","Member States shall ensure that qualified","entities 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"205","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Matthijs van Miltenburg","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-206","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 4"]],"meps":[125022],"meta":{"created":"2019-07-03T06:35:18"},"new":["4. Without prejudice to Article 4(4),","Member States shall ensure that qualified","entities are able to seek the measures","referred to in paragraph 2 within a single","representative action."],"old":["4. Without prejudice to Article 4(4),","Member States shall ensure that qualified","entities 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"206","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-207","justification":" The 2013 Commission Recommendation stipulates that the party that loses a collective\n redress action reimburses necessary legal costs borne by the winning party.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 4 a (new)"]],"meps":[28223,124929,96756],"meta":{"created":"2019-07-03T06:35:18"},"new":["4 a. Member States shall ensure that","the 'loser pays' principle applies for all","types of representative actions."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"207","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-208","location":[[" Proposal for a directive","Article 6 \u2013 title"]],"meps":[28223,124929,96756],"meta":{"created":"2019-07-03T06:35:18"},"new":["Declaratory measures"],"old":["Redress measures"],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"208","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-209","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:18"},"new":["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. Member States shall ensure","that qualified entities shall have to obtain","the mandate of affected individual","consumer in order to file a representative","action (the \u201copt-in\u201d principle). Any","exception to this principle, by law or by","court order, should be duly justified by","reasons of sound administration of","justice. However, other affected","consumers shall be able to join the","representative action at any time. For this","reason, a Member State may require the","mandate of the individual consumers","concerned before a declaratory decision is","made or a redress order is issued."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"209","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Virginie Rozi\u00e8re, Liisa Jaakonsaari, Lucy Anderson, Nicola Danti, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-210","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[103845,96684,124949,124821,124776],"meta":{"created":"2019-07-03T06:35:19"},"new":["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 redress order is issued. .","If a Member State does not require a","mandate of the individual consumer to","join the representative action, this","Member State shall nevertheless allow","those individuals who are not habitually","resident in the Member State where the","action occurs, to participate in the","representative action, in case they","expressed their willingness to be part of","the representative action within the","applicable time limit."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"210","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Matthijs van Miltenburg","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-211","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[125022],"meta":{"created":"2019-07-03T06:35:19"},"new":["Member States may require the mandate of","the individual consumers concerned before","a declaratory decision is made or a redress","order is issued, including, where","applicable, on the type of remedies","sought."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"211","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-212","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[28223,124929,96756],"meta":{"created":"2019-07-03T06:35:19"},"new":["Member States shall ensure that entities","designated by the CPC authorities to be","qualified to bring measures under Article","6 are entitled to bring representative","actions seeking a declaratory decision","regarding the liability of the trader","towards the consumers harmed by an","infringement of Union law listed in","Annex I."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"212","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-213","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:19"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"213","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Evelyne Gebhardt, Olga Sehnalov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-214","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[1913,96718],"meta":{"created":"2019-07-03T06:35:19"},"new":["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 compensation or other","consumer rights. A Member State may","require the mandate of the individual","consumers concerned before a declaratory","decision is made or a redress order is","issued, if the representative action is not","of low-value and the group of consumers","concerned by the infringement is limited","and identifiable."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"214","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-215","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:19"},"new":["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."],"old":["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."],"orig_lang":"it","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"215","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Othmar Karas","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-216","justification":"The opt-in principle was already requested by the European Parliament in its Resolution\n2011/2089.","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[4246],"meta":{"created":"2019-07-03T06:35:19"},"new":["For the purposes of Article 5(3), Member","States shall ensure that competent","authorities 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 shall","require the mandate of the individual","consumers concerned before a declaratory","decision is made or a redress order is","issued."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"216","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-217","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1 a (new)"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:19"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"217","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-218","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1 b (new)"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:19"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"218","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-219","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 a (new)"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:19"},"new":["1 a. The redress resulting from a","representative action shall be always","allocated to affected consumers and shall","not serve any other purpose."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"219","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Evelyne Gebhardt, Olga Sehnalov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-220","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[1913,96718],"meta":{"created":"2019-07-03T06:35:19"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"220","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Othmar Karas","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-221","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4246],"meta":{"created":"2019-07-03T06:35:19"},"new":["The competent authority shall provide all","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."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"221","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-222","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 a (new)"]],"meps":[28223,124929,96756],"meta":{"created":"2019-07-03T06:35:19"},"new":["1 a. Member States shall ensure that","the 'loser pays' principle applies for all","types of representative actions."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"222","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-223","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:19"},"new":["deleted"],"old":["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, in duly justified cases where, due","to the characteristics of the individual","harm to the consumers concerned the","quantification of individual redress is","complex."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"223","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-224","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:20"},"new":["deleted"],"old":["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, in duly justified cases where, due","to the characteristics of the individual","harm to the consumers concerned the","quantification of individual redress is","complex."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"224","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Virginie Rozi\u00e8re, Evelyne Gebhardt, Lucy Anderson, Nicola Danti, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-225","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[103845,1913,124949,124821,124776],"meta":{"created":"2019-07-03T06:35:20"},"new":["deleted"],"old":["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, in duly justified cases where, due","to the characteristics of the individual","harm to the consumers concerned the","quantification of individual redress is","complex."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"225","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-226","justification":" The purpose of this amendment is to limit recourse to declaratory decisions to Member States\n where arrangements are already in place to provide them, so as to safeguard the added value\n of this Directive for the other Member States.","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:20"},"new":["2. By derogation to paragraph 1,","Member States in which, on the date of","entry into force of this Directive, a court or","administrative authority is empowered to","issue a declaratory decision regarding the","liability of the trader towards the","consumers harmed by an infringement of","Union law listed in Annex I, may continue","to apply the existing procedural","arrangements only in duly justified cases","where, due to the characteristics of the","individual harm to the consumers","concerned the quantification of individual","redress is complex.","(This amendment applies throughout the","text. Adopting it will necessitate","corresponding changes throughout.)"],"old":["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, in duly","justified cases where, due to the","characteristics of the individual harm to the","consumers concerned the quantification of","individual redress is complex."],"orig_lang":"it","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"226","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Matthijs van Miltenburg","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-227","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[125022],"meta":{"created":"2019-07-03T06:35:20"},"new":["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. This","derogation may apply only in strictly","exceptional and duly justified cases where,","due to the characteristics of the individual","harm to the consumers concerned the","quantification of individual redress is","extremely complex."],"old":["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, in duly","justified cases where, due to the","characteristics of the individual harm to the","consumers concerned the quantification of","individual redress is complex."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"227","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-228","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:20"},"new":["deleted"],"old":["3. Paragraph 2 shall not apply in the","cases where:","(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 the requirement","of the mandate of the individual","consumers concerned shall not constitute","a condition to initiate the action. The","redress shall be directed to the consumers","concerned;","(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"228","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Virginie Rozi\u00e8re, Evelyne Gebhardt, Lucy Anderson, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-229","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meps":[103845,1913,124949,124776],"meta":{"created":"2019-07-03T06:35:20"},"new":["deleted"],"old":["3. Paragraph 2 shall not apply in the","cases where:","(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 the requirement","of the mandate of the individual","consumers concerned shall not constitute","a condition to initiate the action. The","redress shall be directed to the consumers","concerned;","(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"229","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-230","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 introductory part"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:20"},"new":["3. In the cases where:"],"old":["3. Paragraph 2 shall not apply in the","cases where:"],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"230","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-231","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point a"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:20"},"new":["(a) individuals 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, the requirement of the mandate","of the individuals concerned shall not","constitute a condition to initiate the action.","The redress shall be directed to the","individuals concerned;"],"old":["(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 the requirement of","the mandate of the individual consumers","concerned shall not constitute a condition","to initiate the action. The redress shall be","directed to the consumers concerned;"],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"231","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-232","justification":"It is desirable that consumers who have become victims of fraud should always and under all\ncircumstances be able to obtain compensation.","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point b"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:20"},"new":["deleted"],"old":["(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."],"orig_lang":"it","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"232","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-233","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point b"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:20"},"new":["deleted"],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"233","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Othmar Karas","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-234","justification":" The opt-in principle should be maintained.","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point b"]],"meps":[4246],"meta":{"created":"2019-07-03T06:35:20"},"new":["deleted"],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"234","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Matthijs van Miltenburg","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-235","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point b"]],"meps":[125022],"meta":{"created":"2019-07-03T06:35:20"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"235","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-236","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point b"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:20"},"new":["(b) consumers have suffered a small","amount of loss and for which obtaining","redress by an individual consumer would","cause them disproportionate effort.","Member States shall establish a simple","mechanism on the allocation of the","redress for affected consumers."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"236","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-237","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point b"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:20"},"new":["(b) individuals 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 concerned is not","required before the redress order has been","issued. The redress shall be directed to a","public purpose serving the collective","interests."],"old":["(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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"237","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Virginie Rozi\u00e8re, Lucy Anderson, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-238","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3 a (new)"]],"meps":[103845,124949,124776],"meta":{"created":"2019-07-03T06:35:21"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"238","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-239","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 4"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:21"},"new":["deleted"],"old":["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 consumers concerned","may have under Union or national law."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"239","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-240","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 4"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:21"},"new":["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","individuals concerned may have under","Union or national law."],"old":["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","consumers concerned may have under","Union or national law."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"240","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-241","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 4 a (new)"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:21"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"241","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Othmar Karas","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-242","justification":" Competent authorities are financed by public means. Consequently, provisions on the funding\n would be obsolete.","location":[["Proposal for a directive","Article 7"]],"meps":[4246],"meta":{"created":"2019-07-03T06:35:21"},"new":["Article 7 deleted","Funding"],"old":["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","consumers concerned and to meet any","adverse costs should the action fail.","2. Member States shall ensure that in","cases where a representative action for","redress is funded by a third party, it is","prohibited for the third party:","(a) to influence decisions of the qualified","entity in the context of a representative","action, including on settlements;","(b) to provide financing for a collective","action against a defendant who is a","competitor of the fund provider or against","a defendant on whom the fund provider is","dependant;","3. Member States shall ensure that courts","and administrative authorities are","empowered to assess the circumstances","referred to in paragraph 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"242","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-243","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:21"},"new":["1. The entity qualified for Article 5","actions shall declare at the stage of","admissibility of the action if it uses any","funds to support the representative 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."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"243","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Virginie Rozi\u00e8re, Evelyne Gebhardt, Lucy Anderson, Nicola Danti, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-244","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[103845,1913,124949,124821,124776],"meta":{"created":"2019-07-03T06:35:21"},"new":["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."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"244","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Lucy Anderson, Marlene Mizzi","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-245","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[124949,118858],"meta":{"created":"2019-07-03T06:35:21"},"new":["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."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"245","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Matthijs van Miltenburg, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-246","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[125022,124708],"meta":{"created":"2019-07-03T06:35:21"},"new":["1. The qualified entity seeking a","redress order as referred in Article 6(1)","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."],"old":["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 consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"246","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-247","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:21"},"new":["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 resources to represent the","best interests of the individuals concerned."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"247","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-248","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:21"},"new":["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."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"it","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"248","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-249","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1 a (new)"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:21"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"249","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Virginie Rozi\u00e8re, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-250","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1 a (new)"]],"meps":[103845,124776],"meta":{"created":"2019-07-03T06:35:21"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"250","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Virginie Rozi\u00e8re, Liisa Jaakonsaari, Evelyne Gebhardt, Lucy Anderson, Nicola Danti, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-251","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[103845,96684,1913,124949,124821,124776],"meta":{"created":"2019-07-03T06:35:21"},"new":["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:"],"old":["2. Member States shall ensure that in","cases where a representative action for","redress is funded by a third party, it is","prohibited for the third party:"],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"251","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga, Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-252","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point a a (new)"]],"meps":[28223,124929,96756,124763,125706],"meta":{"created":"2019-07-03T06:35:22"},"new":["(a a) to receive any direct or indirect","financial benefit through the litigation","process or decision;"],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"252","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-253","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point b"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:22"},"new":["(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;"],"old":["(b) to provide financing for a collective","action against a defendant who is a","competitor of the fund provider or against a","defendant on whom the fund provider is","dependant;"],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"253","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-254","location":[["Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point b a (new)"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:22"},"new":["(ba) to receive any type of financial","benefit deriving from the representative","action, other than to cover legal costs."],"orig_lang":"it","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"254","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-255","justification":"There should be more safeguards to allow third party funding but with transparent rules and\nfairness to consumers. It should be added to the safeguards already proposed that the\nfunders\u2019 fee should be based on the money actually paid out to consumers (and this fee is laid\ndown in the funding agreement so that claimants are clear what part of their compensation\nwill be paid to the funder if the claim is successful) and not on the amount awarded in a\nsettlement and of which a part might not be claimed. On top of the transparency requirement\nregarding the funding agreement, the judge should on the basis of the agreement assess if is\n suitable and that it provides fair compensation to consumers. Further transparency\n requirements on the qualified entities should be added to have a good overview on how the\n funders influence them.","location":[["Proposal for a directive","Article 7 \u2013 paragraph 3"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:22"},"new":["3. Member States shall ensure that","where a representative action is funded by","a third party the court is allowed to stay","the proceedings if:","(a) There is a conflict of interests between","the third party and the qualified entity and","the consumers it represents;","(b) The third party has insufficient","resources in order to meet its financial","commitments to the qualified entity;","(c) The qualified entity has insufficient","resources to meet any adverse costs","should the representative action fail."],"old":["3. Member States shall ensure that","courts and administrative authorities are","empowered to assess the circumstances","referred to in paragraph 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"255","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Virginie Rozi\u00e8re, Evelyne Gebhardt, Lucy Anderson, Nicola Danti, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-256","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 3"]],"meps":[103845,1913,124949,124821,124776],"meta":{"created":"2019-07-03T06:35:22"},"new":["3. Member States shall ensure that","courts and administrative authorities assess","the circumstances referred to in paragraph","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."],"old":["3. Member States shall ensure that","courts and administrative authorities are","empowered to assess the circumstances","referred to in paragraph 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"256","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-257","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 1"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:22"},"new":["1. Member States may provide that a","qualified entity and a trader who have","reached a settlement regarding redress for","individuals affected by an allegedly illegal","practice of that trader can jointly request a","court or administrative authority to approve","it."],"old":["1. 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 a request should be admitted by","the court or administrative authority only","if there is no other ongoing representative","action in front of the court or","administrative authority of the same","Member State regarding the same trader","and regarding the same practice."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"257","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-258","location":[["Proposal for a directive","Article 8 \u2013 paragraph 3"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:22"},"new":["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 individuals on the basis of this","final decision."],"old":["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 consumers on the basis of this","final decision."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"258","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-259","location":[["Proposal for a directive","Article 8 \u2013 paragraph 4"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:22"},"new":["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 individuals","concerned."],"old":["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 consumers","concerned."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"259","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-260","justification":" In line with the 2013 Recommendation, alternative dispute resolution must be encouraged,\n whilst guaranteeing legal certainty. However, not only does article 8 not give a definitive\n value to the settlement, but it also enables consumers to accept / reject it individually. The\n settlement between the harmed consumers and the company must be definitive and applicable\n to all cases involving the same practice, the same consumers and the same company.","location":[["Proposal for a directive","Article 8 \u2013 paragraph 6"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:22"},"new":["6. The redress obtained through an","approved settlement in accordance with","paragraph 4 must be definitive and","applicable to all cases involving the same","practice, the same consumers and the","same company."],"old":["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 have under","Union or national law."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"260","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Evelyne Gebhardt, Liisa Jaakonsaari, Virginie Rozi\u00e8re, Olga Sehnalov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-261","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 6"]],"meps":[1913,96684,103845,96718],"meta":{"created":"2019-07-03T06:35:22"},"new":["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."],"old":["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 have under Union or national law."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"261","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-262","location":[["Proposal for a directive","Article 8 \u2013 paragraph 6"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:22"},"new":["6. Individuals 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 individuals concerned","may have under Union or national law."],"old":["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 have under Union or national law."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"262","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Othmar Karas","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-263","justification":" The opt-in principle was already requested by the European Parliament in its Resolution\n 2011/2089.","location":[["Proposal for a directive","Article 9"]],"meps":[4246],"meta":{"created":"2019-07-03T06:35:22"},"new":["Article 9 deleted"],"old":["Information on representative actions","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.","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","","consumers concerned."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"263","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-264","justification":" The channels of the party who committed the infringement may not be regarded by the injured\n party as worthy of confidence. It would therefore be appropriate for consumers to be\n informed through channels perceived as reliable.","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:22"},"new":["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."],"old":["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."],"orig_lang":"it","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"264","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-265","location":[["Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:22"},"new":["1. Member States shall ensure that the","court or administrative authority shall","require the infringing trader to inform","affected individuals, in particular","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","individuals concerned individually."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"265","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga, Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-266","location":[["Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meps":[28223,124929,96756,124763,125706],"meta":{"created":"2019-07-03T06:35:23"},"new":["1. Member States shall ensure that the","court or administrative authority shall","require the infringing trader to inform","affected consumers 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."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"266","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Virginie Rozi\u00e8re, Liisa Jaakonsaari, Lucy Anderson, Nicola Danti, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-267","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 1 a (new)"]],"meps":[103845,96684,124949,124821,124776],"meta":{"created":"2019-07-03T06:35:23"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"267","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-268","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:23"},"new":["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","individuals concerned. The modalities and","timeframe of the information shall be","designed in agreement with the court or","administrative authority."],"old":["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","consumers concerned."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"268","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-269","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2 a (new)"]],"meps":[28223,124929,96756],"meta":{"created":"2019-07-03T06:35:23"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"269","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-270","location":[["Proposal for a directive","Article 9 \u2013 paragraph 2 a (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:23"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"270","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Evelyne Gebhardt, Kerstin Westphal, Liisa Jaakonsaari, Virginie Rozi\u00e8re, Olga Sehnalov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-271","location":[["Proposal for a directive","Article 9 \u2013 paragraph 2 a (new)"]],"meps":[1913,96839,96684,103845,96718],"meta":{"created":"2019-07-03T06:35:23"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"271","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-272","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 1"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:23"},"new":["deleted"],"old":["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 of that","infringement for the purposes of any","other actions seeking redress before their","national courts against the same trader","for the same infringement."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"272","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-273","justification":" It should be clarified that the final decision concerning the infringement has both positive and\n negative effects meaning that it establishes that the violation has existed or not.","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 1"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:23"},"new":["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 or","non existence of an infringement for the","purposes of any other actions seeking","redress before their national courts against","the same trader for the same facts."],"old":["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 of","that infringement for the purposes of any","other actions seeking redress before their","national courts against the same trader for","the same infringement."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"273","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-274","location":[["Proposal for a directive","Article 10 \u2013 paragraph 1"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:23"},"new":["1. Member States shall ensure that an","infringement harming collective interests","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."],"old":["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 of","that infringement for the purposes of any","other actions seeking redress before their","national courts against the same trader for","the same infringement."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"274","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-275","location":[["Proposal for a directive","Article 10 \u2013 paragraph 2"]],"meps":[28223,124929,96756,124763],"meta":{"created":"2019-07-03T06:35:23"},"new":["deleted"],"old":["2. 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Member States shall","ensure that such actions for redress brought","individually by consumers are available","through expedient and simplified","procedures."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"278","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-279","location":[["Proposal for a directive","Article 10 \u2013 paragraph 3"]],"meps":[125706],"meta":{"created":"2019-07-03T06:35:23"},"new":["3. Member States shall ensure that a","final declaratory decision referred to in","Article 6(2) is deemed as refutably","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. 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Member States shall","ensure that such actions for redress brought","individually by consumers are available","through expedient and simplified","procedures."],"orig_lang":"cs","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"279","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-280","location":[["Proposal for a directive","Article 10 \u2013 paragraph 3"]],"meps":[28223,124929,96756],"meta":{"created":"2019-07-03T06:35:23"},"new":["3. Member States shall ensure that a","final declaratory decision referred to in","Article 6 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. 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Member States shall","ensure that such actions for redress brought","individually by consumers are available","through expedient and simplified","procedures."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"280","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga, Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-281","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 1"]],"meps":[28223,124929,96756,124763,125706],"meta":{"created":"2019-07-03T06:35:23"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"281","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-282","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 1"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:24"},"new":["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 individuals concerned, if the","relevant rights are subject to a limitation","period under Union or national law."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"282","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Matthijs van Miltenburg","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-283","location":[["Proposal for a directive","Article 13 \u2013 paragraph 1"]],"meps":[125022],"meta":{"created":"2019-07-03T06:35:24"},"new":["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 that","such evidence be presented by the","defendant. This decision should be based","on an assessment of the need, scope and","proportionality of the requested","disclosure, in accordance with national","procedural rules, and subject to the","applicable Union and national rules on","confidentiality."],"old":["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, subject to the applicable","Union and national rules on confidentiality."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"283","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga, Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-284","location":[["Proposal for a directive","Article 13 \u2013 paragraph 1"]],"meps":[28223,124929,96756,124763,125706],"meta":{"created":"2019-07-03T06:35:24"},"new":["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."],"old":["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, subject to the applicable Union","and national rules on confidentiality."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"284","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-285","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 1"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:24"},"new":["Member States shall ensure that, at the","request of one of the parties that has","presented reasonably available facts and","evidence sufficient to support his views,","and has indicated 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Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-286","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 1 a (new)"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:24"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"286","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-287","justification":"The 2013 Commission Recommendation on Collective Redress clearly encouraged Member\nStates to ensure that contingency fees are avoided and lawyers\u2019 fees are subject to limits to\nprevent incentives to litigation.","location":[["Proposal for a directive","Article 13 a (new)"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:24"},"new":["Article 13 a","Legal representation and lawyers\u2019 fees","1. Member States shall ensure that the","lawyers\u2019 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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"287","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-288","location":[[" Proposal for a directive","Article 14 \u2013 paragraph 3"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:24"},"new":["3. When deciding about the allocation","of revenues from fines Member States shall","take into account the collective interests."],"old":["3. When deciding about the allocation","of revenues from fines Member States shall","take into account the collective interests of","consumers."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"288","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga, Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-289","justification":" This provision creates an imbalance in procedural means at hand, which is why it cannot be\n accepted.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 1"]],"meps":[28223,124929,96756,124763,125706],"meta":{"created":"2019-07-03T06:35:24"},"new":["deleted"],"old":["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, granting them access","to legal aid where necessary, or by","providing them with public funding for","this purpose."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"289","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Virginie Rozi\u00e8re, Lucy Anderson, Nicola Danti, Mady Delvaux","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-290","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 1"]],"meps":[103845,124949,124821,124776],"meta":{"created":"2019-07-03T06:35:24"},"new":["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, in particular limiting","applicable court or administrative fees,","granting them access to legal aid where","necessary, or by providing them with","public funding for this purpose."],"old":["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,","granting them access to legal aid where","necessary, or by providing them with","public funding for this purpose."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"290","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-291","justification":"In line with the 2013 Recommendation, it is necessary to include safeguards to avoid abusive\nand frivolous litigation. The loser pays principle should be included in this directive.","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2"]],"meps":[28223,124929,96756,125706],"meta":{"created":"2019-07-03T06:35:24"},"new":["2. Member States shall take the","necessary measures to ensure that the party","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. 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."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"291","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Matthijs van Miltenburg","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-292","location":[["Proposal for a directive","Article 16 \u2013 paragraph 1"]],"meps":[125022],"meta":{"created":"2019-07-03T06:35:24"},"new":["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."],"old":["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","without prejudice to their right to examine","whether the purpose of the qualified entity","justifies its taking action in a specific","case."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"292","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Andreas Schwab, Ivan \u0160tefanec, Sabine Verheyen, Antanas Guoga, Ji\u0159\u00ed Posp\u00ed\u0161il","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-293","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 1"]],"meps":[28223,124929,96756,124763,125706],"meta":{"created":"2019-07-03T06:35:24"},"new":["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 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","without prejudice to their right to examine","whether the purpose of the qualified entity","justifies its taking action in a specific case."],"old":["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","without prejudice to their right to examine","whether the purpose of the qualified entity","justifies its taking action in a specific case."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"293","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Matthijs van Miltenburg","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-294","location":[["Proposal for a directive","Article 16 \u2013 paragraph 2"]],"meps":[125022],"meta":{"created":"2019-07-03T06:35:24"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"294","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-295","location":[["Proposal for a directive","Article 16 \u2013 paragraph 2"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:24"},"new":["2. Member States shall ensure that","where the infringement affects or is likely","to affect individuals 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","from different Member States."],"old":["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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"295","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Lucy Anderson, Biljana Borzan, Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-296","location":[[" Proposal for a directive","Article 16 a (new)"]],"meps":[124949,112748,1913],"meta":{"created":"2019-07-03T06:35:24"},"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."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"296","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Marco Zullo, Laura Ferrara","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-297","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[125237,124833],"meta":{"created":"2019-07-03T06:35:25"},"new":["deleted"],"old":["2. 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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\u201344)."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"331","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-332","location":[[" Proposal for a directive","Annex I \u2013 point 59 l (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:27"},"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\u20138)."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"332","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-333","location":[[" Proposal for a directive","Annex I \u2013 point 59 m (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:27"},"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\u201376)."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"333","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-334","location":[[" Proposal for a directive","Annex I \u2013 point 59 n (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:27"},"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\u201322)."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"334","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-335","location":[["Proposal for a directive","Annex I \u2013 point 59 o (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:28"},"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\u2013","29)."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"335","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-336","location":[["Proposal for a directive","Annex I \u2013 point 59 p (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:28"},"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\u2013","9)."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"336","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-337","location":[[" Proposal for a directive","Annex I \u2013 point 59 q (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:28"},"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\u201357)."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"337","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-338","location":[[" Proposal for a directive","Annex I \u2013 point 59 r (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:28"},"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\u2013","123)."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"338","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2018-09-28T00:00:00","id":"PE628.456-339","location":[[" Proposal for a directive","Annex I \u2013 point 59 s (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:28"},"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\u20136)."],"orig_lang":"en","peid":"PE628.456v01-00","reference":"2018/0089(COD)","seq":"339","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-628456_EN.pdf"},{"authors":"Nicola Caputo","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-23","location":[["Proposal for a directive","Recital 1"]],"meps":[124851],"meta":{"created":"2019-07-03T06:38:31"},"new":["(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,","replacement, removal or price reduction,","contract termination or reimbursement of","the price paid as available under national","laws."],"old":["(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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"23","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-24","justification":" The criteria used by the European Commission to select these legal acts are unclear and take\n insufficient account of the practical implications it could have. Rail and air passenger rights\n Regulations and their ongoing review would considerably strengthen the enforcement\n mechanism and the way passenger\u2019s complaints would be handled. The rail and air\n passengers regulations foresee comprehensive individual redress mechanisms. When such a\n mechanism exists, there can be no requirement for inclusion in the collective redress\n proposals. The logic for collective redress should be to provide redress where individual\n redress is not available.","location":[["Proposal for a directive","Recital 7"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:31"},"new":["deleted","COM(2013) 130 final.","COM(2017) 548 final."],"old":["(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, one year after the entry into","force of this Directive, the Commission","assesses whether the Union rules in the","area of air and rail passengers' rights","offer an adequate level of protection for","consumers, comparable to that provided","for in this Directive, and draws any","necessary conclusions as regards the","scope of this Directive.","_________________","30","31"],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"24","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Marian-Jean Marinescu","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-25","location":[[" Proposal for a directive","Recital 7"]],"meps":[33982],"meta":{"created":"2019-07-03T06:38:31"},"new":["(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, two","years after the entry into force of the","mentioned revised regulations , the","Commission assesses whether the Union","rules in the area of air and rail passengers'","rights offer an adequate level of protection","for consumers, comparable to that provided","for in this Directive, and draws any","necessary conclusions as regards the scope","of this Directive.","_________________","30","COM(2013) 130 final.","31","COM(2017) 548 final."],"old":["(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, one","year after the entry into force of this","Directive, the Commission assesses","whether the Union rules in the area of air","and rail passengers' rights offer an","adequate level of protection for consumers,","comparable to that provided for in this","Directive, and draws any necessary","conclusions as regards the scope of this","Directive.","_________________","30","COM(2013) 130 final.","31","COM(2017) 548 final."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"25","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Nicola Caputo","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-26","location":[["Proposal for a directive","Recital 16"]],"meps":[124851],"meta":{"created":"2019-07-03T06:38:31"},"new":["(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."],"old":["(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, price reduction,","contract termination or reimbursement of","the price paid, as appropriate and as","available under national laws."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"26","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Nicola Caputo","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-27","location":[[" Proposal for a directive","Recital 21"]],"meps":[124851],"meta":{"created":"2019-07-03T06:38:32"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"27","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Nicola Caputo","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-28","location":[[" Proposal for a directive","Recital 23"]],"meps":[124851],"meta":{"created":"2019-07-03T06:38:32"},"new":["(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","as the right to compensation for damages,","contract termination, reimbursement,","replacement, removal, 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."],"old":["(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","","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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"28","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Nicola Caputo","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-29","location":[["Proposal for a directive","Recital 25"]],"meps":[124851],"meta":{"created":"2019-07-03T06:38:32"},"new":["(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","the qualified entity to refuse the relevant","funding and, if necessary, reject standing","of the qualified entity in a specific case."],"old":["(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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"29","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Nicola Caputo","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-30","location":[[" Proposal for a directive","Recital 32"]],"meps":[124851],"meta":{"created":"2019-07-03T06:38:32"},"new":["(32) To be effective, the information","should be adequate and proportional to the","circumstances of the case. The infringing","trader must 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."],"old":["(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 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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"30","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-31","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:32"},"new":["1. This Directive sets out rules","enabling qualified entities to seek","representative actions aimed at the","protection of the collective interests and","thereby in particular achieve and enforce","a high level of protection and of access to","justice and mediation for affected citizens,","while ensuring appropriate safeguards to","avoid abusive litigation."],"old":["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 to avoid abusive litigation."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"31","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-32","justification":"The objective of this proposed directive is to tackle \u201cmass harm situations\u201d. This is confirmed\nboth in the explanatory memorandum (on several occasions). Therefore, there should also be\na reference to mass harm in Article 1.","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:32"},"new":["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."],"old":["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 to avoid abusive litigation."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"32","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-33","location":[["Proposal for a directive","Article 1 \u2013 paragraph 2"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:32"},"new":["2. This Directive shall not prevent","Member States from adopting or","maintaining in force provisions designed to","ensure a higher level of protection of any","affected citizen or to grant qualified","entities or any other persons concerned","more favourable procedural means to","bring actions aimed at the protection of the","collective interests of consumers at","national level."],"old":["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","collective interests of consumers at","national level."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"33","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Matthijs van Miltenburg","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-34","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 2"]],"meps":[125022],"meta":{"created":"2019-07-03T06:38:32"},"new":["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."],"old":["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","collective interests of consumers at","national level."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"34","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-35","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:32"},"new":["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 listed in","Annex 1. 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."],"old":["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. 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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"35","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-36","justification":"The objective of this proposed directive is to tackle \u201cmass harm situations\u201d affecting\nconsumers in several member states/across the EU. This is confirmed in the explanatory\nmemorandum.","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:32"},"new":["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 to the","collective interests of consumers. It shall","apply to infringements with a Union","dimension, including where","those infringements have ceased before the","representative action has started or before","the representative action has been","concluded."],"old":["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. 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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"36","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Marian-Jean Marinescu","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-37","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1 a (new)"]],"meps":[33982],"meta":{"created":"2019-07-03T06:38:32"},"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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"37","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-38","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:32"},"new":["2. This Directive shall not affect rules","establishing contractual and non-","contractual remedies available for such","infringements under Union or national law."],"old":["2. This Directive shall not affect rules","establishing contractual and non-","contractual remedies available to","consumers for such infringements under","Union or national law."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"38","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-39","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 3 a (new)"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:32"},"new":["3a. This Directive shall not apply to","Union law under revision as listed in","Annex III (new)."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"39","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-40","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point 1"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:32"},"new":["(1) \u2018consumer\u2019 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;"],"old":["(1) \u2018consumer\u2019 means any natural","person who is acting for purposes which","are outside their trade, business, craft or","profession;"],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"40","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-41","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point 6"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:33"},"new":["deleted"],"old":["(6) \u2018final decision\u2019 means a decision","by a Member State's court that cannot or","can no longer be appealed or a decision","by an administrative authority that can no","longer be subject to judicial review."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"41","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-42","justification":" The objective of this proposed directive is to tackle mass harm situations affecting consumers\n in several member states/across the EU. This is confirmed in the explanatory memorandum.\n Therefore, there should also be a definition of mass harm which reflects the true intentions of\n the legislator.","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point 6 a (new)"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:33"},"new":["(6a) \u2018Mass harm\u2019 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;"],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"42","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-43","justification":" This is the definition of widespread infringement with a Union dimension as per article 3(4)\n of Regulation 2017/2394 (CPC Regulation). It must be read together with the definition of\n mass harm.","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point 6 b (new)"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:33"},"new":["(6b) \u2018widespread infringement with a","Union dimension\u2019 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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"43","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Isabella De Monte","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-44","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 subparagraph 2 \u2013 point a"]],"meps":[124803],"meta":{"created":"2019-07-03T06:38:33"},"new":["(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;"],"old":["(a) it is properly constituted according","to the law of a Member State;"],"orig_lang":"it","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"44","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Rolandas Paksas","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-45","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 subparagraph 2 \u2013 point a"]],"meps":[96694],"meta":{"created":"2019-07-03T06:38:33"},"new":["(a) it is properly constituted according","to the law of a Member State and limited","to independent public bodies\u2019 consumer","organisations and business associations;"],"old":["(a) it is properly constituted according","to the law of a Member State;"],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"45","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Isabella De Monte","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-46","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 subparagraph 2 \u2013 point a a (new)"]],"meps":[124803],"meta":{"created":"2019-07-03T06:38:33"},"new":["(aa) it has been established for at least","three years and has been active","continuously over the preceding three","years;"],"orig_lang":"it","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"46","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Isabella De Monte","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-47","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 subparagraph 2 \u2013 point c"]],"meps":[124803],"meta":{"created":"2019-07-03T06:38:33"},"new":["(c) its statutes are founded on","democratic principles and they seek solely","to protect consumers and users, and it has","no less than (...) registered members,","keeps a list of members (updated yearly to","include membership contributions to the","company), it prepares an annual report","setting out its income and expenditure,","and does not operate for profit."],"old":["(c) it has a non-profit making","character.",""],"orig_lang":"it","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"47","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Isabella De Monte","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-48","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 \u2013 subparagraph 2 \u2013 point c a (new)"]],"meps":[124803],"meta":{"created":"2019-07-03T06:38:33"},"new":["(ca) Member States communicate to","the Commission the list of qualified","entities and any updates."],"orig_lang":"it","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"48","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-49","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 3"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:33"},"new":["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 organisations","that represent members from more than","one Member State."],"old":["3. Member States shall ensure that in","particular consumer organisations and","independent public bodies are eligible for","the status of qualified entity. Member","States may designate as qualified entities","consumer organisations that represent","members from more than one Member","State."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"49","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-50","location":[["Proposal for a directive","Article 4 \u2013 paragraph 4"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:33"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"50","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Nicola Caputo","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-51","location":[["Proposal for a directive","Article 4 \u2013 paragraph 5"]],"meps":[124851],"meta":{"created":"2019-07-03T06:38:33"},"new":["5. The compliance by a qualified","entity with the criteria referred to in","paragraph 1 is without prejudice to the duty","of the court or administrative authority to","examine whether the purpose of the","qualified entity justifies its taking action in","a specific case in accordance with Article","5(1)."],"old":["5. The compliance by a qualified","entity with the criteria referred to in","paragraph 1 is without prejudice to the","right of the court or administrative","authority to examine whether the purpose","of the qualified entity justifies its taking","action in a specific case in accordance with","Article 5(1)."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"51","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-52","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:34"},"new":["In order to seek injunction orders, qualified","entities shall have to obtain the mandate of","the individual consumers concerned or","provide proof of actual loss or damage on","the part of the consumers concerned or of","intention or negligence on the part of the","trader."],"old":["In order to seek injunction orders, qualified","entities shall not have to obtain the","mandate of the individual consumers","","concerned or provide proof of actual loss","or damage on the part of the consumers","concerned or of intention or negligence on","the part of the trader."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"52","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Matthijs van Miltenburg","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-53","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[125022],"meta":{"created":"2019-07-03T06:38:34"},"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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"53","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Matthijs van Miltenburg","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-54","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[125022],"meta":{"created":"2019-07-03T06:38:34"},"new":["deleted"],"old":["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 listed in","Annex I harming collective interests of","consumers, including a final injunction","order referred to in paragraph (2)(b)."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"54","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Matthijs van Miltenburg","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-55","location":[["Proposal for a directive","Article 5 \u2013 paragraph 4"]],"meps":[125022],"meta":{"created":"2019-07-03T06:38:34"},"new":["4. Without prejudice to Article 4(4),","Member States shall ensure that qualified","entities are able to seek the measures","referred to in paragraph 2 within a single","representative action."],"old":["4. Without prejudice to Article 4(4),","Member States shall ensure that qualified","entities 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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"55","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-56","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:34"},"new":["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 material or","consequential damage (including physical","or mental health), which obligates the","manufacturers, suppliers of goods and","services or 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."],"old":["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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"56","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Nicola Caputo","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-57","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[124851],"meta":{"created":"2019-07-03T06:38:34"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"57","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Rolandas Paksas","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-58","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96694],"meta":{"created":"2019-07-03T06:38:34"},"new":["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 should","require the mandate of the individual","consumers concerned before a declaratory","decision is made or a redress order is","issued."],"old":["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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"58","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-59","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:34"},"new":["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 shall require","the mandate of the individual consumers","concerned before a declaratory decision is","made or a redress order is issued."],"old":["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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"59","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-60","justification":" Regulation (EC) No 261/2004 establishes a pre-defined rights and claim-based system\n offering redress in case of events that are not constitutive of infringements of the law. It is\n therefore legitimate to request a qualified entity to demonstrate that the claim procedure has\n been exhausted in application of Regulation 261 since only large scale systematic non-\n compliance with the Regulation 261 would fall into the scope of this Directive.","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:34"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"60","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-61","justification":" Consumers should under no circumstance be involved in a collective procedure against their\n full informed consent. In order to make an informed choice, consumers should not only be\n made aware of the specific impact on their rights by joining a collective claim, but also on\n available options for individual recourse as this may better suit their situation where damage\n is individualised, or they may incur lower costs or receive a quicker settlement claiming\n directly.","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:34"},"new":["2. Member States shall ensure that","qualified entities can only lawfully receive","the mandate from an individual","consumer, after the qualified entity has","fully informed those individual consumers","in writing about: (i) all relevant aspects of","the collective procedure; (ii) the possibility","for consumers to first claim directly with","the trader without intervention of the","qualified entity or represented by their","lawyer or another representative allowed","by national law; and (iii) any available","options for individual recourse, including","those under the Directive2013/11/EU of","the European Parliament and of the","Council of 21 May 2013 on alternative","dispute resolution."],"old":["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, in duly justified cases where, due","to the characteristics of the individual","harm to the consumers concerned the","quantification of individual redress is","complex."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"61","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-62","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point a"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:34"},"new":["deleted"],"old":["(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 the requirement","of the mandate of the individual","consumers concerned shall not constitute","a condition to initiate the action. The","redress shall be directed to the consumers","concerned;"],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"62","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-63","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point b"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:34"},"new":["deleted"],"old":["(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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"63","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Nicola Caputo","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-64","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point b"]],"meps":[124851],"meta":{"created":"2019-07-03T06:38:34"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"64","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-65","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3 a (new)"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:34"},"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."],"old":[""],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"65","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-66","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:35"},"new":["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 resources to represent the","best interests of the affected citizen.","(The change of 'consumer' to 'affected","citizen' should apply to the entire text)"],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"66","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Nicola Caputo","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-67","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[124851],"meta":{"created":"2019-07-03T06:38:35"},"new":["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 throughout the whole","procedure. 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."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"67","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-68","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:35"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"68","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Matthijs van Miltenburg","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-69","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meps":[125022],"meta":{"created":"2019-07-03T06:38:35"},"new":["1. Member States shall ensure that the","court or administrative authority shall","require the qualified entity 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."],"old":["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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"69","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Isabella De Monte","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-70","location":[["Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meps":[124803],"meta":{"created":"2019-07-03T06:38:35"},"new":["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."],"old":["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."],"orig_lang":"it","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"70","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-71","location":[["Proposal for a directive","Article 9 \u2013 paragraph 2"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:35"},"new":["2. The information referred to in","paragraph 1 shall include in easy","understandable 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 affected citizens."],"old":["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","consumers concerned."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"71","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-72","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2 a (new)"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:35"},"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."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"72","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Matthijs van Miltenburg","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-73","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 1"]],"meps":[125022],"meta":{"created":"2019-07-03T06:38:35"},"new":["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 that","such evidence be presented by the","defendant. This order should be based on","an assessment of the need, scope and","proportionality of the requested","disclosure, in accordance with national","procedural rules and subject to the","applicable Union and national rules on","confidentiality."],"old":["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, subject to the applicable","Union and national rules on confidentiality."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"73","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-74","location":[["Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:35"},"new":["deleted"],"old":["2. No later than one year after the","entry into force of this Directive, the","Commission shall assess whether the","rules on air and rail passenger rights","offer a level of protection of the rights of","consumers comparable to that provided","for under this Directive. Where that is the","case, the Commission intends to make","appropriate proposals, which may consist","in particular in removing the acts referred","to in points 10 and 15 of Annex I from the","scope of application of this Directive as","defined in Article 2."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"74","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-75","justification":" The criteria used by the European Commission to select these legal acts are unclear and take\n insufficient account of the practical implications it could have. Rail and air passenger rights\n Regulations and their ongoing review would considerably strengthen the enforcement\n mechanism and the way passenger\u2019s complaints would be handled. The rail and air\n passengers regulations foresee comprehensive individual redress mechanisms. When such a\n mechanism exists, there can be no requirement for inclusion in the collective redress\n proposals. The logic for collective redress should be to provide redress where individual\n redress is not available.","location":[["Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:35"},"new":["deleted"],"old":["2. No later than one year after the","entry into force of this Directive, the","Commission shall assess whether the","","rules on air and rail passenger rights","offer a level of protection of the rights of","consumers comparable to that provided","for under this Directive. Where that is the","case, the Commission intends to make","appropriate proposals, which may consist","in particular in removing the acts referred","to in points 10 and 15 of Annex I from the","scope of application of this Directive as","defined in Article 2."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"75","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Marian-Jean Marinescu","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-76","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[33982],"meta":{"created":"2019-07-03T06:38:35"},"new":["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 concerning","the rights of passengers in bus and coach","transport and of passengers when","travelling by sea and inland","waterway 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."],"old":["2. No later than one year after the","entry into force of this Directive, the","Commission shall assess whether the rules","on air and rail passenger rights offer a level","of protection of the rights of consumers","comparable to that provided for under this","Directive. Where that is the case, the","Commission intends to make appropriate","proposals, which may consist in particular","in removing the acts referred to in points","10 and 15 of Annex I from the scope of","application of this Directive as defined in","Article 2.",""],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"76","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-77","justification":"The criteria used by the European Commission to select these legal acts are unclear and take\ninsufficient account of the practical implications it could have. Rail and air passenger rights\nRegulations and their ongoing review would considerably strengthen the enforcement\nmechanism and the way passenger\u2019s complaints would be handled. The rail and air\npassengers regulations foresee comprehensive individual redress mechanisms. When such a\nmechanism exists, there can be no requirement for inclusion in the collective redress\nproposals. The logic for collective redress should be to provide redress where individual\nredress is not available.","location":[["Proposal for a directive","Annex I \u2013 point 10"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:35"},"new":["deleted"],"old":["(10) 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. 1)."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"77","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Marian-Jean Marinescu","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-78","location":[[" Proposal for a directive","Annex I \u2013 point 10"]],"meps":[33982],"meta":{"created":"2019-07-03T06:38:35"},"new":["deleted"],"old":["(10) 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. 1)."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"78","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-79","justification":" The criteria used by the European Commission to select these legal acts are unclear and take\n insufficient account of the practical implications it could have. Rail and air passenger rights\n Regulations and their ongoing review would considerably strengthen the enforcement\n mechanism and the way passenger\u2019s complaints would be handled. The rail and air\n passengers regulations foresee comprehensive individual redress mechanisms. When such a\n mechanism exists, there can be no requirement for inclusion in the collective redress\n proposals. The logic for collective redress should be to provide redress where individual\n redress is not available.","location":[[" Proposal for a directive","Annex I \u2013 point 15"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:35"},"new":["deleted"],"old":["(15) Regulation (EC) No 1371/2007 of","the European Parliament and of the","Council of 23 October 2007 on rail","passengers\u2019 rights and obligations (OJ L","315, 3.12.2007, p. 14)."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"79","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Marian-Jean Marinescu","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-80","location":[["Proposal for a directive","Annex I \u2013 point 15"]],"meps":[33982],"meta":{"created":"2019-07-03T06:38:35"},"new":["deleted"],"old":["(15) Regulation (EC) No 1371/2007 of","the European Parliament and of the","Council of 23 October 2007 on rail","passengers\u2019 rights and obligations (OJ L","315, 3.12.2007, p. 14)."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"80","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Marian-Jean Marinescu","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-81","location":[["Proposal for a directive","Annex I \u2013 point 31"]],"meps":[33982],"meta":{"created":"2019-07-03T06:38:36"},"new":["deleted"],"old":["(31) Regulation (EU) No 1177/2010 of","the European Parliament and of the","Council of 24 November 2010 concerning","the rights of passengers when travelling","by sea and inland waterway and","amending Regulation (EC) No 2006/2004","(OJ L 334, 17.12.2010, p. 1)."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"81","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Marian-Jean Marinescu","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-82","location":[["Proposal for a directive","Annex I \u2013 point 32"]],"meps":[33982],"meta":{"created":"2019-07-03T06:38:36"},"new":["deleted"],"old":["(32) Regulation (EU) No 181/2011 of","the European Parliament and of the","","Council of 16 February 2011 concerning","the rights of passengers in bus and coach","transport and amending Regulation (EC)","No 2006/2004 (OJ L 55, 28.2.2011, p. 1)."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"82","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Keith Taylor","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-83","location":[[" Proposal for a directive","Annex I \u2013 point 59 a (new)"]],"meps":[102931],"meta":{"created":"2019-07-03T06:38:36"},"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)"],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"83","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-84","location":[[" Proposal for a directive","Annex II a (new)"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:36"},"new":["ANNEX III LIST OF UNION LAW","REFERRED TO IN ARTICLE 2(4)"],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"84","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":" Jacqueline Foster","changes":{},"committee":["TRAN"],"date":"2018-10-16T00:00:00","id":"PE628.711-85","location":[[" Proposal for a directive","Annex II b (new)"]],"meps":[4553],"meta":{"created":"2019-07-03T06:38:36"},"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)."],"orig_lang":"en","peid":"PE628.711v01-00","reference":"2018/0089(COD)","seq":"85","src":"http://www.europarl.europa.eu/doceo/document/TRAN-AM-628711_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-40","location":[["Proposal for a directive","Title 1"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:05"},"new":["Proposal for a","DIRECTIVE OF THE EUROPEAN","PARLIAMENT AND OF THE COUNCIL","on representative actions for the protection","of collective interests, and repealing","Directive 2009/22/EC","(Text with EEA relevance)"],"old":["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","(Text with EEA relevance)"],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"40","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-41","location":[["Proposal for a directive","Recital -1 (new)"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:05"},"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."],"old":[""],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"41","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-42","location":[[" Proposal for a directive","Recital 1"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:06"},"new":["(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. 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Given","the numerous changes, for the sake of","clarity it is appropriate to replace Directive","2009/22/EC."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"49","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-50","location":[["Proposal for a directive","Recital 2"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:07"},"new":["(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. 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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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"50","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-51","location":[["Proposal for a directive","Recital 2"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:07"},"new":["(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. 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Given","the numerous changes, for the sake of","clarity it is appropriate to replace Directive","2009/22/EC.","_________________","29"],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"51","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-340","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:07"},"new":["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, or additionally or","alternatively, a declaratory decision. 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Given","the numerous changes, for the sake of","clarity it is appropriate to replace Directive","2009/22/EC."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"52","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Laura Ferrara, Marco Zullo","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-341","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[124833,125237],"meta":{"created":"2019-07-03T06:52:07"},"new":["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. 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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."],"old":["(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, 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."],"orig_lang":"ro","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"54","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-343","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1 a (new)"]],"meta":{"created":"2019-07-03T06:52:07"},"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 (\u2018opt-in\u2019 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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"343","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-344","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:07"},"new":["By way of admissibility criteria, the","qualified entity shall provide to the court","or administrative authority evidence that","it complies with the requirements set out","in Article 4(1) and 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 court or administrative authority","shall verify issues relating to conflict of","interest and transparency in line with","Article 7."],"old":["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."],"orig_lang":"ro","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"344","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-55","location":[[" Proposal for a directive","Recital 3"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:07"},"new":["(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."],"old":["(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, 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"55","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-345","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:07"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"345","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Kostas Chrysogonos, Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-56","location":[["Proposal for a directive","Recital 3 a (new)"]],"meps":[125061,23704],"meta":{"created":"2019-07-03T06:52:07"},"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\u2019 rights to an effective","remedy and to a fair trial \u2013 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","\u2013 in practice."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"56","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-346","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meta":{"created":"2019-07-03T06:52:07"},"new":["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, the questions of fact and law to","be resolved and evidence supporting at","least 10 cases as appearing well-founded","which have sufficient similarity in","character and amount to justify the cases","being heard together."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"346","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-57","location":[["Proposal for a directive","Recital 4"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:07"},"new":["(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 or citizens 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. The unsuccessful party should","bear the costs of the proceedings.","However, the court or tribunal should not","award costs to the unsuccessful party to","the extent that they were unnecessarily","incurred or are disproportionate to the","claim. This Directive should not affect","otherwise national rules concerning the","allocation of procedural costs."],"old":["(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.","This Directive should not affect national","rules concerning the allocation of","procedural costs."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"57","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-347","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 2"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:07"},"new":["The representative entity shall provide all","the necessary information 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."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"347","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-58","location":[[" Proposal for a directive","Recital 4"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:07"},"new":["(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 origin of their funds","and nature of the information required to","support the representative action, should be","laid down, taking account of national","legal traditions. This Directive should not","affect national rules concerning the","allocation of procedural costs."],"old":["(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.","This Directive should not affect national","rules concerning the allocation of","procedural costs."],"orig_lang":"ro","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"58","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, , Bendt Bendtsen, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-348","justification":"See justification for Article 6 - paragraph 1 - subparagraph 1","meps":[96761,98341,124726,96705,28224],"meta":{"created":"2019-07-03T06:52:07"},"new":["The qualified entity shall provide sufficient","evidence and facts as required under","national law to support the action,","including a list of the consumers","mandating the action and the questions of","fact and law to be resolved."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"348","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-59","location":[["Proposal for a directive","Recital 4"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:07"},"new":["(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."],"old":["(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.","This Directive should not affect national","rules concerning the allocation of","procedural costs."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"59","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-349","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 2 a (new)"]],"meta":{"created":"2019-07-03T06:52:07"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"349","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-60","location":[[" Proposal for a directive","Recital 4"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:07"},"new":["(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","individuals 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.","This Directive should not affect national","rules concerning the allocation of","procedural costs."],"old":["(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.","This Directive should not affect national","rules concerning the allocation of","procedural costs."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"60","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, , Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-350","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[124776,1849,103845,185619,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:07"},"new":["deleted"],"old":["2. 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By derogation to paragraph 1,","Member States in which, on the date of","entry into force of this Directive, a court or","administrative authority is empowered to","issue a declaratory decision regarding the","liability of the trader towards the","consumers harmed by an infringement of","Union law listed in Annex I, may continue","to apply the existing procedural","arrangements only in duly justified cases","where, due to the characteristics of the","individual harm to the consumers","concerned the quantification of individual","redress is complex.","(This amendment applies throughout the","text. Adopting it will necessitate","corresponding changes throughout.)"],"old":["2. 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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","consumers concerned the quantification of","individual redress is complex."],"old":["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, in duly","justified cases where, due to the","characteristics of the individual harm to the","","consumers concerned the quantification of","individual redress is complex."],"orig_lang":"fr","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"355","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-64","location":[[" Proposal for a directive","Recital 5"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:07"},"new":["(5) Infringements by traders that affect","collective interests often have cross-border","implications. More effective and efficient","representative actions available across the","Union should boost confidence in the","internal market and empower people to","exercise their rights."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"64","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-356","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meta":{"created":"2019-07-03T06:52:08"},"new":["2. In duly justified cases where, due","to the characteristics of the individual","harm to the consumers concerned the","quantification of individual redress is","complex, 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 provisions of Union law","for the protection of consumer interest as","listed in Annex I."],"old":["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, in duly","justified cases where, due to the","characteristics of the individual harm to","the consumers concerned the","quantification of individual redress is","complex."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"356","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-65","location":[[" Proposal for a directive","Recital 6"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:07"},"new":["(6) This Directive should cover a","variety of consumer law and related areas","in line in particular with Article 169","TFEU and Article 47 of the Charter of","Fundamental Rights of the European","Union. These rights should include data","protection, financial services, travel and","tourism, energy, telecommunications,","equality and non-","discrimination, environment or any other","relevant area. 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."],"old":["(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 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"65","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-357","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 a (new)"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:08"},"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."],"orig_lang":"ro","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"357","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-358","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:08"},"new":["deleted","consumers concerned by the","consumers have suffered a small"],"old":["3. Paragraph 2 shall not apply in the","cases where:","(a)","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 the requirement","of the mandate of the individual","consumers concerned shall not constitute","a condition to initiate the action. The","redress shall be directed to the consumers","concerned;","(b)","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."],"orig_lang":"ro","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"358","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-66","location":[["Proposal for a directive","Recital 6"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:08"},"new":["(6) This Directive should cover a","variety of areas such as data protection,","financial services, travel and tourism,","energy, telecommunications, competition","and environment. Therefore, Member","States should ensure that organisations","representing all these subject areas can be","designated as qualified entities. The","Directive should cover infringements of","provisions of Union law which protect the","interests of consumers and citizens,","regardless of whether they are referred to","as consumers or citizens 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."],"old":["(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 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"66","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-67","location":[[" Proposal for a directive","Recital 6"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:08"},"new":["(6) This Directive should cover a","variety of areas such as data protection,","non-discrimination, the protection of","workers\u2019 rights, the protection of the","environment, health, competition,","consumer protection including regarding","financial services, travel and tourism,","energy and telecommunications. It should","cover infringements of provisions of Union","law including the Charter of","Fundamental Rights, which protect the","interests of individuals, regardless of the","capacity in which they are referred to 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","individuals is adopted, whether to amend","the Annex to the present Directive in order","to place it under its scope."],"old":["(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","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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"67","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, , Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-359","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meps":[124776,1849,103845,185619,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:08"},"new":["deleted","consumers have suffered a small"],"old":["3. Paragraph 2 shall not apply in the","cases where:","(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 the requirement","of the mandate of the individual","consumers concerned shall not constitute","a condition to initiate the action. The","redress shall be directed to the consumers","concerned;","(b)","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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"359","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Kostas Chrysogonos, Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-68","location":[[" Proposal for a directive","Recital 6"]],"meps":[125061,23704],"meta":{"created":"2019-07-03T06:52:08"},"new":["(6) This Directive should cover a","variety of areas such as data protection,","financial services, travel and tourism,","labour, energy, telecommunications 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."],"old":["(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 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"68","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-360","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meta":{"created":"2019-07-03T06:52:08"},"new":["deleted","consumers have suffered a small"],"old":["3. Paragraph 2 shall not apply in the","cases where:","(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 the requirement","of the mandate of the individual","consumers concerned shall not constitute","a condition to initiate the action. The","redress shall be directed to the consumers","concerned;","","","","(b)","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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"360","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-69","location":[["Proposal for a directive","Recital 7"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:08"},"new":["deleted","COM(2013) 130 final.","COM(2017) 548 final."],"old":["(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, one year after the entry into","force of this Directive, the Commission","assesses whether the Union rules in the","area of air and rail passengers' rights","","offer an adequate level of protection for","consumers, comparable to that provided","for in this Directive, and draws any","necessary conclusions as regards the","scope of this Directive.","_________________","30","31"],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"69","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-361","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:08"},"new":["deleted","consumers concerned by the","consumers have suffered a small"],"old":["3. Paragraph 2 shall not apply in the","cases where:","(a)","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 the requirement","of the mandate of the individual","consumers concerned shall not constitute","a condition to initiate the action. The","redress shall be directed to the consumers","concerned;","(b)","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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"361","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Kostas Chrysogonos","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-70","location":[[" Proposal for a directive","Recital 7"]],"meps":[125061],"meta":{"created":"2019-07-03T06:52:08"},"new":["deleted"],"old":["(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, one year after the entry into","force of this Directive, the Commission","assesses whether the Union rules in the","area of air and rail passengers' rights","offer an adequate level of protection for","consumers, comparable to that provided","for in this Directive, and draws any","necessary conclusions as regards the","scope of this Directive."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"70","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-362","justification":"First of all, an opt-out-system and the attempt to compare very different levels of harm would\nlead to enormous legal uncertainty and risks for all involved parties. If it is up to the qualified\nentity to decide whether to start a representative action, profit could be the incentive rather\nthan the collective interest of consumers. Secondly, the proposals in cases of small amounts of\nloses are highly unreasonable and would enable various possibilities of abuses. The definition\nof \u201cthe interests of a number of consumers\u201d is very vague, which makes it possible that those\ninterests are eventually not even related to the subject matter of the claim and that the money\ncould find its way into the pocket of the qualified entity / third party funder. Moreover, the\naim to punish the defendant as well as the legal concept of \u201cpunitive damages\u201d are not\ncompatible with the national law systems of many Member States. Lastly, the fact that the\nindividual consumer could on top bring forward additional claims for damages, is a violation\nof the legal principle \u201cne bis in idem\u201d.","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:08"},"new":["deleted","consumers have suffered a small"],"old":["3. Paragraph 2 shall not apply in the","cases where:","(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 the requirement","of the mandate of the individual","consumers concerned shall not constitute","a condition to initiate the action. The","redress shall be directed to the consumers","concerned;","(b)","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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"362","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-363","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 introductory part"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:08"},"new":["3. In the cases where:"],"old":["3. Paragraph 2 shall not apply in the","cases where:"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"363","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-71","location":[["Proposal for a directive","Recital 7"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:08"},"new":["deleted"],"old":["(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, one year after the entry into","force of this Directive, the Commission","assesses whether the Union rules in the","area of air and rail passengers' rights","offer an adequate level of protection for","consumers, comparable to that provided","for in this Directive, and draws any","necessary conclusions as regards the","scope of this Directive.","_________________","30","COM(2013) 130 final.","31","COM(2017) 548 final."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"71","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-364","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point a"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:08"},"new":["deleted"],"old":["(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 the requirement","of the mandate of the individual","consumers concerned shall not constitute","a condition to initiate the action. The","redress shall be directed to the consumers","concerned;"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"364","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-365","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point a"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:08"},"new":["(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 to obtain the mandate of a","significant number of individual","consumers concerned shall constitute a","precondition for initiating the action. The","redress shall then be directed to the","consumers concerned;"],"old":["(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 the requirement of","the mandate of the individual consumers","concerned shall not constitute a condition","to initiate the action. The redress shall be","directed to the consumers concerned;"],"orig_lang":"fr","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"365","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-72","location":[["Proposal for a directive","Recital 7"]],"meps":[124776,1849,103845,185619,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:08"},"new":["deleted"],"old":["(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, one year after the entry into","force of this Directive, the Commission","assesses whether the Union rules in the","area of air and rail passengers' rights","offer an adequate level of protection for","consumers, comparable to that provided","for in this Directive, and draws any","necessary conclusions as regards the","scope of this Directive."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"72","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-366","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point a"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:08"},"new":["(a) individuals 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, the requirement of the mandate","of each of the individuals concerned shall","not constitute a condition to initiate the","action. The redress shall be directed to the","individuals concerned;"],"old":["(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 the requirement of","the mandate of the individual consumers","concerned shall not constitute a condition","to initiate the action. The redress shall be","directed to the consumers concerned;"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"366","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-73","location":[[" Proposal for a directive","Recital 7"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:08"},"new":["(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, two","years after the entry into force of the","mentioned revised regulations, the","Commission assesses whether the Union","rules in the area of air and rail passengers'","rights offer an adequate level of protection","for consumers, comparable to that provided","for in this Directive, and draws any","necessary conclusions as regards the scope","of this Directive.","_________________","30","COM(2013) 130 final.","31","COM(2017) 548 final."],"old":["(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, one","year after the entry into force of this","Directive, the Commission assesses","whether the Union rules in the area of air","and rail passengers' rights offer an","adequate level of protection for consumers,","comparable to that provided for in this","Directive, and draws any necessary","conclusions as regards the scope of this","Directive.","_________________","30","COM(2013) 130 final.","31","COM(2017) 548 final."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"73","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Stefano Maullu","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-367","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point b"]],"meps":[133326],"meta":{"created":"2019-07-03T06:52:09"},"new":["deleted"],"old":["(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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"367","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-368","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point b"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:09"},"new":["deleted"],"old":["(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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"368","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-74","location":[["Proposal for a directive","Recital 7"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:08"},"new":["(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, three","years after the entry into force of this","Directive, the Commission assesses","whether the Union rules in the area of air","and rail passengers' rights offer an","adequate level of protection for consumers,","comparable to that provided for in this","Directive, and draws any necessary","conclusions as regards the scope of this","Directive.","_________________","30","COM(2013) 130 final. COM(2013) 130 final.","31","COM(2017) 548 final. COM(2017) 548 final."],"old":["(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, one","year after the entry into force of this","","Directive, the Commission assesses","whether the Union rules in the area of air","and rail passengers' rights offer an","adequate level of protection for consumers,","comparable to that provided for in this","Directive, and draws any necessary","conclusions as regards the scope of this","Directive.","_________________","30","31"],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"74","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-75","location":[[" Proposal for a directive","Recital 8"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:08"},"new":["(8) This Directive should cover cross-","border infringements, when consumers","concerned by an infringement live in","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","redress."],"old":["(8) Building on Directive 2009/22/EC,","this Directive should cover both domestic","and cross-border infringements, in","particular when consumers 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","redress."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"75","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Laura Ferrara, Marco Zullo","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-369","justification":"Consumers who have become victims of fraud should always and under all circumstances be\nable to obtain compensation.","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point b"]],"meps":[124833,125237],"meta":{"created":"2019-07-03T06:52:09"},"new":["(b) deleted"],"old":["(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."],"orig_lang":"it","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"369","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-76","location":[["Proposal for a directive","Recital 8"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:08"},"new":["(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."],"old":["(8) Building on Directive 2009/22/EC,","this Directive should cover both domestic","and cross-border infringements, in","particular when consumers 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","redress."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"76","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-370","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point b"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:09"},"new":["(b) individuals 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 each of the individuals","concerned is not required before the","redress order has been issued. The redress","shall be directed to a public purpose","serving the collective interests concerned.","Member States may decide for the redress","to be allocated to a fund created for the","purpose of financing representative","actions."],"old":["(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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"370","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Kostas Chrysogonos,","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-371","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3 \u2013 point b"]],"meps":[125061],"meta":{"created":"2019-07-03T06:52:09"},"new":["(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 option","that consumers claim individual","compensation."],"old":["(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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"371","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-77","location":[["Proposal for a directive","Recital 8"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:08"},"new":["(8) Building on Directive 2009/22/EC,","this Directive should cover both domestic","and cross-border infringements, in","particular when individuals 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 redress."],"old":["(8) Building on Directive 2009/22/EC,","this Directive should cover both domestic","and cross-border infringements, in","particular when consumers 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","","redress."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"77","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-372","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3 a (new)"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:09"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"372","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-373","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 4"]],"meta":{"created":"2019-07-03T06:52:09"},"new":["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","consumers concerned may have under","Union or national law. The res judicata","principle shall be respected in the","application of this provision."],"old":["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","consumers concerned may have under","Union or national law."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"373","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Bendt Bendtsen, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-78","location":[[" Proposal for a directive","Recital 9"]],"meps":[96761,98341,124726,96705,28224],"meta":{"created":"2019-07-03T06:52:08"},"new":["deleted"],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"78","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-374","justification":"The European Commission\u2019s proposal violates the \u201cne bis in idem\u201d / res judicata principle as\nno one should be able to demand redress for the same infringement more than once.","location":[["Proposal for a directive","Article 6 \u2013 paragraph 4"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:09"},"new":["4. The redress obtained through a final","decision in accordance with paragraphs 2","shall exclude any additional rights to","redress that the consumers concerned may","have under Union or national law","regarding the same trader and regarding","the same infringement."],"old":["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","consumers concerned may have under","Union or national law."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"374","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-79","location":[[" Proposal for a directive","Recital 9"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:08"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"79","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-80","location":[["Proposal for a directive","Recital 10"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:08"},"new":["(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. Furthermore,","the qualified entity must be independent of","third parties and have sufficient capacity","in terms of financial resources, human","resources, and legal expertise to represent","multiple consumers acting in their best","interest. The qualified entity must also","have an established procedure to prevent","conflict of interests, and it must publish","an annual activity report. In particular, in","order to ensure sufficient transparency","the annual activity report should include","at a minimum information about the","number of actions launched and the types","of injunctions and redress measures","sought, the number of redress decisions in","favour of consumers and the trader, and","or the actions resolved by settlement, the","number of representative actions which","have been discontinued and the reasons","behind it. Member States may require","additional information to be provided in","the annual activity report."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"80","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-375","location":[["Proposal for a directive","Article 6 \u2013 paragraph 4"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:09"},"new":["4. The redress obtained through a final","redress order shall be without prejudice to","any additional rights to redress that the","individuals concerned may have under","Union or national law."],"old":["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","","","consumers concerned may have under","Union or national law."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"375","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-81","location":[[" Proposal for a directive","Recital 10"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:08"},"new":["(10) As only qualified entities can bring","the representative actions, to ensure that","the collective interests 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, be not for profit","and have a legitimate interest in ensuring","compliance with the relevant Union law.","Member States shall not impose criteria","that go beyond those established in this","Directive. 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."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"81","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-376","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 4"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:09"},"new":["4. The redress obtained through a final","decision in accordance with paragraphs 1","and 2 shall be without prejudice to any","additional rights to redress that the","consumers concerned may have under","Union or national law."],"old":["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","consumers concerned may have under","Union or national law."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"376","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-82","location":[[" Proposal for a directive","Recital 10"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:09"},"new":["(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."],"old":["(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."],"orig_lang":"fr","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"82","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-377","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 4 a (new)"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:09"},"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."],"old":[""],"orig_lang":"ro","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"377","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-83","location":[["Proposal for a directive","Recital 10"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:09"},"new":["(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."],"old":["(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."],"orig_lang":"ro","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"83","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-378","location":[["Proposal for a directive","Article 6 \u2013 paragraph 4 a (new)"]],"meta":{"created":"2019-07-03T06:52:09"},"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 (\u2018opt-in\u2019)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"378","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-84","location":[[" Proposal for a directive","Recital 10"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:09"},"new":["(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 national law, 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."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"84","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-379","justification":" In line with the 2013 Recommendation (31) and Recital 17 of this Directive, it should be\n pointed out that punitive damages are not allowed.","location":[["Proposal for a directive","Article 6 \u2013 paragraph 4 a (new)"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:09"},"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."],"old":[""],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"379","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-380","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 4 b (new)"]],"meta":{"created":"2019-07-03T06:52:09"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"380","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Kostas Chrysogonos, Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-85","location":[["Proposal for a directive","Recital 10"]],"meps":[125061,23704],"meta":{"created":"2019-07-03T06:52:09"},"new":["(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 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 in full compliance in","particular with the principle of","proportionality and the fundamental right","to access to justice. 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."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"85","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-381","location":[[" Proposal for a directive","Article 7 \u2013 title"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:10"},"new":["Admissibility of representative action in","case of third-party funding"],"old":["Funding"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"381","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-86","location":[["Proposal for a directive","Recital 10"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:09"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"86","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-382","location":[["Proposal for a directive","Article 7 \u2013 title"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:10"},"new":["Funding, Fees for Lawyers and","Intermediaries and Costs"],"old":["Funding"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"382","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, , Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-383","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[124776,1849,103845,185619,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:10"},"new":["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."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"383","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-87","location":[[" Proposal for a directive","Recital 10"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:09"},"new":["(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 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."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"87","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-384","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:10"},"new":["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","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."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"384","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Jens Rohde, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-88","location":[["Proposal for a directive","Recital 11"]],"meps":[96710,28206],"meta":{"created":"2019-07-03T06:52:09"},"new":["deleted"],"old":["(11) Independent public bodies 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","consumers and hold different priorities","for their activities, Member States should","be free to decide on the types of measures","that may be sought by each of these","qualified entities in representative actions."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"88","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-385","justification":" As explained for Article 4(1), this directive should guarantee that only entities that genuinely\n represent the interest of consumers - and not their own interest - may pursue damages claims.\n The duty to hand in a complete financial overview and thus, the necessity for qualified entities\n to be transparent regarding their funds and structure are important elements in order to\n prevent abuses at the expense of consumers.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:10"},"new":["1. In accordance with Article 4(1),","the qualified entity seeking a redress order","as referred in Article 6(1) shall submit to","the court or administrative authority at","the earliest stage of the action a complete","financial overview, listing all sources of","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."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"385","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Kostas Chrysogonos","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-89","location":[["Proposal for a directive","Recital 11"]],"meps":[125061],"meta":{"created":"2019-07-03T06:52:09"},"new":["(11) Independent public bodies 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."],"old":["(11) Independent public bodies 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","consumers and hold different priorities","for their activities, Member States should","be free to decide on the types of measures","that may be sought by each of these","qualified entities in representative actions."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"89","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-386","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:10"},"new":["1. The representative entity seeking a","redress order as referred to in Article 6(1)","shall declare the stage of admissibility of","the representative action the source of the","funds used for its activity in general and","the source of the funds that it uses to","support the particular representative","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."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"386","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-90","location":[[" Proposal for a directive","Recital 11"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:09"},"new":["(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."],"old":["(11) Independent public bodies 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","consumers and hold different priorities","for their activities, Member States should","be free to decide on the types of measures","that may be sought by each of these","qualified entities in representative actions."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"90","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Laura Ferrara, Marco Zullo","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-387","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[124833,125237],"meta":{"created":"2019-07-03T06:52:10"},"new":["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."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"it","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"387","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-388","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:10"},"new":["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 individuals concerned."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"388","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-91","location":[[" Proposal for a directive","Recital 11"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:09"},"new":["(11) Independent public bodies, where","they exist, organisations defending a","public interest and consumer","organisations, environmental","organisations, human rights and equality","organisations and trade unions 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."],"old":["(11) Independent public bodies 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","consumers and hold different priorities","for their activities, Member States should","be free to decide on the types of measures","that may be sought by each of these","qualified entities in representative actions."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"91","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Stefano Maullu","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-389","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[133326],"meta":{"created":"2019-07-03T06:52:10"},"new":["1. The qualified entity seeking a","redress order as referred in Article 6(1)","shall declare at an earliest possible stage of","the proceeding 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."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"389","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Gilles Lebreton","changes":{},"committee":["JURI"],"compromise":["on behalf of the ENF Group"],"date":"2018-11-08T00:00:00","id":"PE630.456-390","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:10"},"new":["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."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"fr","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"390","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual, Tadeusz Zwiefka","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-92","location":[["Proposal for a directive","Recital 11"]],"meps":[96761,98341,124726,28390,96705,28224,28393,28301],"meta":{"created":"2019-07-03T06:52:09"},"new":["(11) Only independent public bodies and","consumer organisations can be allowed to","act as qualified entities. Since these entities","have access to different sources of","information regarding traders' practices","towards consumers and hold different","priorities for their activities, Member","States should be free to decide on the types","of measures that may be sought by each of","these qualified entities in representative","actions."],"old":["(11) Independent public bodies 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","consumers and hold different priorities for","their activities, Member States should be","free to decide on the types of measures that","may be sought by each of these qualified","entities in representative actions."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"92","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Kostas Chrysogonos, Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-391","location":[["Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[125061,23704],"meta":{"created":"2019-07-03T06:52:10"},"new":["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."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"391","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-392","meta":{"created":"2019-07-03T06:52:10"},"new":["1. The redress 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."],"old":["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","consumers concerned and to meet any","adverse costs should the action fail."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"392","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-93","location":[[" Proposal for a directive","Recital 11"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:09"},"new":["(11) Independent public bodies,","consumer organisations, environmental","organisations and human rights","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 consumers or citizens","and hold different priorities for their","activities, Member States should be free to","decide on the types of measures that may","be sought by each of these qualified","entities in representative actions."],"old":["(11) Independent public bodies 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","consumers and hold different priorities for","their activities, Member States should be","free to decide on the types of measures that","may be sought by each of these qualified","entities in representative actions."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"93","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-94","location":[[" Proposal for a directive","Recital 12"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:09"},"new":["(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 Rights of the","European Union, whereby Member States","shall ensure that consumers 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 enforcement of the disputed","decision, in accordance with national law."],"old":["(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. 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","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","enforcement of the disputed decision, in","accordance with national law."],"orig_lang":"fr","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"94","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-95","location":[["Proposal for a directive","Recital 12"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:09"},"new":["(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 enforcement of the disputed","decision, in accordance with national law."],"old":["(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. 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","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","","enforcement of the disputed decision, in","accordance with national law."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"95","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-393","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1 a (new)"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:10"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"393","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-96","location":[[" Proposal for a directive","Recital 12"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:10"},"new":["(12) Since both judicial and","administrative procedures may effectively","and efficiently serve the protection of","collective interests 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 individuals 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 enforcement of the disputed","decision, in accordance with national law."],"old":["(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. 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","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","enforcement of the disputed decision, in","accordance with national law."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"96","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-394","justification":"The fundamental driver of abuses in class action cases is the possibility for external parties to\nreap profit from consumers\u2019 grievances. Given the chance, those actors will try to generate\nfees and take the highest share they can get from the damages. Therefore, each entity should\nbe independent of third party interest and all forms of external influence on qualified entities\nshould be prevented from the very beginning. Entities with solely commercial interest (e.g.\nweakening the business competition), with dependence on third-party-funds (e.g. law-firms\nfunded by hedge funds as in the USA) or any other forms of own profit-making ambition (e.g.\nthe need to pay high salaries to employees or high payments for consultants) should be\nexcluded from the scope of this proposal. Moreover, one should also prevent scenarios such\nas politically or commercially motivated cases, or attacks from non-European enterprises or\nnon-European states.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:10"},"new":["2. Member States shall prohibit","qualified entities from receiving any part","of the financing of the actions foreseen by","Articles 5 and 6 from commercial third","party funders."],"old":["2. Member States shall ensure that in","cases where a representative action for","","redress is funded by a third party, it is","prohibited for the third party:"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"394","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-97","meps":[124776,1849,103845,185619,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:10"},"new":["(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. If sought within a","single action, qualified entities should be","able to seek all relevant measures at the","moment of bringing the action."],"old":["(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, including redress. If sought","within a single action, qualified entities","should be able to seek all relevant","measures at the moment of bringing the","action or first seek relevant injunctions","order and subsequently and if appropriate","redress order."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"97","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-395","location":[["Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:11"},"new":["2. Member States shall ensure that in","cases where a representative action for","redress is funded by a third party, the","representative action may be declared","inadmissible by the national court or","administrative authority if it establishes","that the funding by the third party would:"],"old":["2. Member States shall ensure that in","cases where a representative action for","redress is funded by a third party, it is","prohibited for the third party:"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"395","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-98","location":[["Proposal for a directive","Recital 13"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:10"},"new":["(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, 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,","including redress. If sought within a single","action, qualified entities should be able to","seek all relevant measures at the moment","of bringing the action or first seek relevant","injunctions order and subsequently and if","appropriate redress order."],"old":["(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, including redress. If sought","within a single action, qualified entities","should be able to seek all relevant","measures at the moment of bringing the","action or first seek relevant injunctions","order and subsequently and if appropriate","redress order."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"98","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-396","location":[["Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:11"},"new":["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:"],"old":["2. Member States shall ensure that in","cases where a representative action for","redress is funded by a third party, it is","prohibited for the third party:"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"396","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-397","justification":" Based on changes in Article 7 - paragraph 2 - introductory part.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point a"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:11"},"new":["deleted"],"old":["(a) to influence decisions of the","qualified entity in the context of a","representative action, including on","settlements;"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"397","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-99","location":[[" Proposal for a directive","Recital 14"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:10"},"new":["(14) Injunction orders aim at the","protection of the collective interests of","consumers and may require traders to take","specific action, such as providing","consumers 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."],"old":["(14) Injunction orders aim at the","protection of the collective interests of","consumers independently of any actual","loss or damage suffered by individual","consumers. Injunction orders may require","traders to take specific action, such as","providing consumers 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"99","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-398","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point a"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:11"},"new":["(a) influence decisions of the","representative entity in the context of a","representative action, including the","initiation of representative actions and","decisions on settlements;"],"old":["(a) to influence decisions of the","qualified entity in the context of a","representative action, including on","settlements;"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"398","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-399","justification":"Based on changes in Article 7 - paragraph 2 - introductory part.","location":[["Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point b"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:11"},"new":["deleted"],"old":["(b) to provide financing for a","collective action against a defendant who","is a competitor of the fund provider or","against a defendant on whom the fund","provider is dependant;"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"399","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-100","location":[["Proposal for a directive","Recital 14"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:10"},"new":["(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."],"old":["(14) Injunction orders aim at the","protection of the collective interests of","consumers independently of any actual loss","or damage suffered by individual","consumers. Injunction orders may require","traders to take specific action, such as","providing consumers 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"100","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Laura Ferrara, Marco Zullo","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-400","location":[["Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point b a (new)"]],"meps":[124833,125237],"meta":{"created":"2019-07-03T06:52:11"},"new":["(ba) to receive any type of financial","benefit deriving from the representative","action, other than to cover legal costs."],"orig_lang":"it","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"400","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-101","location":[["Proposal for a directive","Recital 14"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:10"},"new":["(14) Injunction orders aim at the","protection of the collective interests","independently of any actual loss or damage","suffered by individual persons. Injunction","orders may require traders to take specific","action, such as providing 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."],"old":["(14) Injunction orders aim at the","protection of the collective interests of","consumers independently of any actual","loss or damage suffered by individual","consumers. Injunction orders may require","traders to take specific action, such as","providing consumers 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"101","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-401","location":[["Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point b a (new)"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:11"},"new":["(ba) constitute any further conflict of","interest between the third party, the","claimant and the representative entities."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"401","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Laura Ferrara, Marco Zullo","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-102","location":[[" Proposal for a directive","Recital 15"]],"meps":[124833,125237],"meta":{"created":"2019-07-03T06:52:10"},"new":["(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."],"old":["(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 consumers harmed by the","practice subject to the injunction order."],"orig_lang":"it","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"102","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-402","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point b a (new)"]],"meta":{"created":"2019-07-03T06:52:11"},"new":["(ba) to have a stake in the winnings;"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"402","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-103","location":[[" Proposal for a directive","Recital 15"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:10"},"new":["(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 information","regarding the relevant outcomes of the","representative action and how they can","benefit from them. 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."],"old":["(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 consumers harmed by the","practice subject to the injunction order."],"orig_lang":"ro","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"103","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-403","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2 a (new)"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:11"},"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."],"orig_lang":"ro","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"403","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-104","location":[["Proposal for a directive","Recital 15"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:10"},"new":["(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."],"old":["(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 consumers harmed by the","practice subject to the injunction order."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"104","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Stefano Maullu","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-404","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point b a (new)"]],"meps":[133326],"meta":{"created":"2019-07-03T06:52:11"},"new":["(ba) to charge excessive interest on the","funds provided;"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"404","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-105","location":[["Proposal for a directive","Recital 15"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:10"},"new":["(15) The qualified entity initiating the","representative action under this Directive","should be a party to the proceedings.","Individuals 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 those harmed by the practice","subject to the injunction order."],"old":["(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 consumers harmed by the","","","practice subject to the injunction order."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"105","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Stefano Maullu","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-405","location":[["Proposal for a directive","Article 7 \u2013 paragraph 2 \u2013 point b b (new)"]],"meps":[133326],"meta":{"created":"2019-07-03T06:52:11"},"new":["(bb) to base remuneration, or interest,","on the amount of the settlement reached","or the compensation awarded."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"405","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-106","location":[[" Proposal for a directive","Recital 16"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:10"},"new":["(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."],"old":["(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, price reduction,","contract termination or reimbursement of","the price paid, as appropriate and as","available under national laws."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"106","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-406","justification":" Due to the importance of third-party-funding, courts and administrative authorities should be\n obliged to assess whether the qualified entity and the third party have followed the provisions\n in Article 7(2) and (4). If not, standing should be refused.","location":[["Proposal for a directive","Article 7 \u2013 paragraph 3"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:11"},"new":["3. Member States shall ensure that","courts and administrative authorities are","empowered and obliged to assess whether","the provisions in paragraph 2 and 4 are","being met and review the proportionality","and fairness to consumers of any","compensation paid to third parties,","lawyers and, if necessary, reject the","standing of the qualified entity in a specific","case."],"old":["3. 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In particular, punitive damages,","leading to overcompensation in favour of","the claimant party of the damage suffered,","should be avoided."],"old":["(17) The compensation awarded to","consumers 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"108","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-408","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 3"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:12"},"new":["3. Member States shall ensure that","courts and administrative authorities are","empowered to assess the circumstances","referred to in paragraph 2 at the stage of","admissibility of the representative action","and at a later stage during the court","proceedings if the circumstances only","yield then."],"old":["3. Member States shall ensure that","courts and administrative authorities are","empowered to assess the circumstances","referred to in paragraph 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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"408","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-109","location":[["Proposal for a directive","Recital 17"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:10"},"new":["(17) The compensation awarded to","individuals 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."],"old":["(17) The compensation awarded to","consumers 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"109","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Stefano Maullu","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-409","location":[["Proposal for a directive","Article 7 \u2013 paragraph 3"]],"meps":[133326],"meta":{"created":"2019-07-03T06:52:12"},"new":["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."],"old":["3. Member States shall ensure that","courts and administrative authorities are","empowered to assess the circumstances","referred to in paragraph 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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"409","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Markus Pieper, Bendt Bendtsen","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-110","location":[[" Proposal for a directive","Recital 18"]],"meps":[96761,98341,124726,28224,96705],"meta":{"created":"2019-07-03T06:52:10"},"new":["(18) Member States should 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 be","required to individually identify all","consumers concerned by an infringement","in order to initiate the action. In","representative actions for redress the court","or administrative authority should verify at","the earliest possible stage of the","proceedings whether the case is suitable for","being brought as a representative action,","given the nature of the infringement and","characteristics of the damages suffered by","consumers concerned. In particular, the","claims should be ascertainable and","uniform and there should be a","commonality in the measures sought, the","action should represent at least 100","individual consumers from at least two","Member States, a representative action","should be the most suitable way to bring","forward the claims in the interest of","multiple consumers, in particular if","seeking redress measures by the","individual consumers would create a risk","of inconsistent decisions, individual","consumers should be able to be identified","and informed of the representation action","in an adequate way, any third-party","funding arrangement of the qualified","entity should be suitable and fair, in","particular the remuneration for the","funder should be clearly stated and based","on the redress effectively paid to","consumers and not on the amount","claimed or awarded by the court or","settlement. Member States should also","ensure that the court or administrative","authority has the authority to dismiss","manifestly unfounded cases at the earliest","possible stage of litigation."],"old":["(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. In","representative actions for redress the court","or administrative authority should verify at","the earliest possible stage of the","proceedings whether the case is suitable for","being brought as a representative action,","given the nature of the infringement and","characteristics of the damages suffered by","consumers concerned.",""],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"110","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-410","location":[["Proposal for a directive","Article 7 \u2013 paragraph 3 a (new)"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:12"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"410","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-411","location":[["Proposal for a directive","Article 7 \u2013 paragraph 3 a (new)"]],"meta":{"created":"2019-07-03T06:52:12"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"411","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Jens Rohde, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-111","location":[["Proposal for a directive","Recital 18"]],"meps":[96710,28206],"meta":{"created":"2019-07-03T06:52:10"},"new":["(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. In representative actions for redress","the court or administrative authority should","verify at the earliest possible stage of the","proceedings whether the case is suitable for","being brought as a representative action,","given the nature of the infringement and","characteristics of the damages suffered by","consumers concerned."],"old":["(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. In","representative actions for redress the court","or administrative authority should verify at","the earliest possible stage of the","proceedings whether the case is suitable for","being brought as a representative action,","given the nature of the infringement and","characteristics of the damages suffered by","consumers concerned."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"111","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-412","justification":" The 2013 Recommendation clearly stated that contingency fees present profound risks. As\n already stated in paragraph 2, it would give actors - just pursuing their own financial\n interests - an important incentive. The money spend on contingency fees will be subtracted\n from the amount paid out to consumers. As those kind of fees and awards are thus severely\n harming the consumer interest and are reducing the redress the consumers would receive,\n they should be prohibited.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 3 a (new)"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:12"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"412","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-413","justification":"Third party funders and other intermediaries who sponsor litigation should also be obliged to\npay adverse costs.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 3 b (new)"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:12"},"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."],"old":[""],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"413","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Stefano Maullu","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-112","location":[[" Proposal for a directive","Recital 18"]],"meps":[133326],"meta":{"created":"2019-07-03T06:52:11"},"new":["(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. Member","States should provide for verification at","the earliest possible stage of litigation so","that cases in which conditions for","collective actions are not met, and","manifestly unfounded cases, are not","continued"],"old":["(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. In","representative actions for redress the","court or administrative authority should","verify at the earliest possible stage of the","proceedings whether the case is suitable","for being brought as a representative","action, given the nature of the","infringement and characteristics of the","damages suffered by consumers","concerned."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"112","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-414","justification":"After reaching a settlement, it has to be clear that this decision is binding. If further legal\naction is possible, there is almost no incentive to reach a settlement in the first place.\nHowever, the settlement must only apply for the involved parties and do not have any effects\non other parties.","location":[["Proposal for a directive","Article 8 \u2013 paragraph 1"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:12"},"new":["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. Once approved, the settlement reached","shall be binding and preclude any","additional individual or collective rights","for redress of consumers that have","specifically and exclusively mandated the","collective action regarding the same trader","and regarding the same practice."],"old":["1. 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 a request should be admitted by","the court or administrative authority only","if there is no other ongoing representative","action in front of the court or","administrative authority of the same","Member State regarding the same trader","and regarding the same practice."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"414","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-415","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 1"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:12"},"new":["1. Member States may provide that a","qualified entity and a trader who have","reached a settlement regarding redress for","individuals affected by an allegedly illegal","practice of that trader can jointly request a","court or administrative authority to approve","it. Such a request should be admitted by the","court or administrative authority only if","there is no other ongoing representative","action in front of the court or","administrative authority of the same","Member State regarding the same trader,","regarding the same practice and the same","individuals concerned."],"old":["1. 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 a request should be admitted by the","court or administrative authority only if","there is no other ongoing representative","action in front of the court or","administrative authority of the same","Member State regarding the same trader","and regarding the same practice."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"415","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-113","location":[[" Proposal for a directive","Recital 18"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:11"},"new":["(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 or citizens","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 or","citizens concerned by an infringement in","order to initiate the action. In","representative actions for redress the court","or administrative authority should verify at","the earliest possible stage of the","proceedings whether the case is suitable for","being brought as a representative action,","given the nature of the infringement and","characteristics of the damages suffered by","consumers or citizens concerned."],"old":["(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. In","representative actions for redress the court","or administrative authority should verify at","the earliest possible stage of the","proceedings whether the case is suitable for","being brought as a representative action,","given the nature of the infringement and","characteristics of the damages suffered by","consumers concerned."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"113","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-416","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 1"]],"meta":{"created":"2019-07-03T06:52:12"},"new":["1. Member States may provide that","a redress 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 a request should be admitted by the","court or administrative authority only if","there is no other ongoing representative","action in front of the court or","administrative authority of the same","Member State regarding the same trader","and regarding the same practice."],"old":["1. 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 a request should be admitted by the","court or administrative authority only if","there is no other ongoing representative","action in front of the court or","administrative authority of the same","Member State regarding the same trader","and regarding the same practice."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"416","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-114","location":[["Proposal for a directive","Recital 18"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:11"},"new":["(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 individuals 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 persons concerned by an","infringement in order to initiate the action.","In representative actions for redress the","court or administrative authority should","verify at the earliest possible stage of the","proceedings whether the case is suitable for","being brought as a representative action,","given the nature of the infringement and","characteristics of the damages suffered by","individuals concerned."],"old":["(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. In","representative actions for redress the court","or administrative authority should verify at","the earliest possible stage of the","proceedings whether the case is suitable for","being brought as a representative action,","given the nature of the infringement and","characteristics of the damages suffered by","consumers concerned."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"114","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-115","location":[[" Proposal for a directive","Recital 19"]],"meps":[124776,1849,103845,185619,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:11"},"new":["deleted"],"old":["(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 duly justified cases","where the quantification of the individual","redress to be attributed to each of the","consumer concerned by the representative","action is 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 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"115","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-417","location":[["Proposal for a directive","Article 8 \u2013 paragraph 1 a (new)"]],"meta":{"created":"2019-07-03T06:52:12"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"417","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Kostas Chrysogonos","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-116","location":[["Proposal for a directive","Recital 19"]],"meps":[125061],"meta":{"created":"2019-07-03T06:52:11"},"new":["deleted"],"old":["(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 duly justified cases","where the quantification of the individual","redress to be attributed to each of the","consumer concerned by the representative","action is 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 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"116","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-117","location":[[" Proposal for a directive","Recital 19"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:11"},"new":["deleted"],"old":["(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 duly justified cases","where the quantification of the individual","redress to be attributed to each of the","consumer concerned by the representative","action is 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 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"117","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Laura Ferrara, Marco Zullo","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-118","justification":"The most complex cases are precisely the types of cases in which consumers do not seek\nindividual redress. The provision allowing Member States to derogate from the proposal in\ncases of complex quantification of the harm, leaving consumers no option other than that of\nacting individually, should therefore be deleted.","location":[[" Proposal for a directive","Recital 19"]],"meps":[124833,125237],"meta":{"created":"2019-07-03T06:52:11"},"new":["(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. The court or the national","authority should duly motivate its recourse","to a declaratory decision instead of a","redress order in a particular case."],"old":["(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 duly justified cases where the","quantification of the individual redress to","be attributed to each of the consumer","concerned by the representative action is","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","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."],"orig_lang":"it","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"118","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-418","location":[["Proposal for a directive","Article 8 \u2013 paragraph 3"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:12"},"new":["deleted"],"old":["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 consumers on","the basis of this final decision."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"418","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-119","location":[[" Proposal for a directive","Recital 19"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:11"},"new":["(19) Member States should ensure that","qualified entities are entitled to","bring representative actions seeking, in","addition to injunction orders, either","a redress order, or a declaratory decision,","or both. A declaratory decision may, for","example, be appropriate where individual","consumers have suffered negligible or","unquantifiable loss but it is nevertheless","in the public interest to hold the trader","formally to account for the breach of","Union law concerned. However, a","declaratory decision should not be made","instead of a redress order that was sought","unless the mandate of the individual","consumers concerned is obtained."],"old":["(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 duly justified cases","where the quantification of the individual","redress to be attributed to each of the","consumer concerned by the representative","action is 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 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"119","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-419","justification":" A different wording is needed to clarify that a settlement is not possible after a final decision\n and to clarify to whom the redress is provided.","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 3"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:12"},"new":["3. Member States shall ensure that the","court or administrative authority that issues","the declaratory decision referred to in","Article 6(1) is empowered to request the","parties to the representative action to reach","within a reasonable set time limit and","before a final decision is taken a","settlement regarding the redress to be","provided to consumers that have","specifically and exclusively mandated the","collective action."],"old":["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 consumers on the basis of","this final decision."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"419","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Bendt Bendtsen, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-120","location":[[" Proposal for a directive","Recital 19"]],"meps":[96761,98341,124726,96705,28224],"meta":{"created":"2019-07-03T06:52:11"},"new":["(19) Member States should be allowed","to decide whether their court or national","authority seized of a representative action","for redress may 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 may in","particular be applied to cases where the","quantification of the individual redress to","be attributed to each of the consumer","concerned by the representative action is","complex and it would be inefficient to","carry it out within the representative action."],"old":["(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 duly justified cases","where the quantification of the individual","redress to be attributed to each of the","consumer concerned by the representative","action is 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 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"120","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-420","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 4"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:12"},"new":["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 parties, including the consumers","concerned."],"old":["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 consumers","concerned."],"orig_lang":"fr","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"420","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-121","location":[["Proposal for a directive","Recital 19"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:11"},"new":["(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 exceptional and duly justified","cases. Courts or national authorities could","have recourse to declaratory decisions, as","a result of which there is a risk that","proceedings would be extended, only on","the basis of a reasoned decision. The","following should be excluded from this","exceptional derogation: (i)","straightforward situations in which the","consumers concerned are identifiable and","have suffered comparable harm; (ii)","situations in which the amount of loss","suffered by each of the individual","consumers is so small that individual","consumers are unlikely to claim for","individual redress."],"old":["(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 duly justified cases where the","quantification of the individual redress to","be attributed to each of the consumer","concerned by the representative action is","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","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."],"orig_lang":"fr","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"121","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-122","location":[[" Proposal for a directive","Recital 20"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:11"},"new":["deleted"],"old":["(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","provide consumers with the possibility to","directly benefit from a redress order after","it was issued without being required to","give their individual mandate before the","redress order is issued."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"122","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-421","location":[["Proposal for a directive","Article 8 \u2013 paragraph 4"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:12"},"new":["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 individuals","concerned."],"old":["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 consumers","concerned."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"421","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-123","location":[["Proposal for a directive","Recital 20"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:11"},"new":["(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 benefit from a","redress order after it was issued without","being required to give their individual","mandate before the redress order is issued."],"old":["(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 provide","consumers with the possibility to directly","","benefit from a redress order after it was","issued without being required to give their","individual mandate before the redress order","is issued."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"123","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-124","location":[[" Proposal for a directive","Recital 20"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:11"},"new":["(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 trader suspected of","having committed an infringement 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 provide","consumers with the possibility, if expressly","requested, of directly benefiting from a","redress order after it was issued without","being required to give their individual","mandate before the redress order is issued."],"old":["(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 provide","consumers with the possibility to directly","benefit from a redress order after it was","issued without being required to give their","individual mandate before the redress order","is issued."],"orig_lang":"fr","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"124","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-422","location":[["Proposal for a directive","Article 8 \u2013 paragraph 5"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:12"},"new":["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."],"old":["5. If the settlement referred to in","paragraph 2 is not reached within the set","time-limits or the settlement reached is not","approved, the court or administrative","authority shall continue the representative","action."],"orig_lang":"fr","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"422","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda","changes":{},"committee":["JURI"],"compromise":["on behalf of the Verts/ALE Group"],"date":"2018-11-08T00:00:00","id":"PE630.422-125","location":[["Proposal for a directive","Recital 20"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:12"},"new":["(20) Where individuals concerned by","the same practice are identifiable and they","suffered comparable harm in relation to a","period of time, a practice or a purchase,","such as in the case of long-term consumer","contracts, the court or administrative","authority may clearly define the group of","individuals 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 workers","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 the individuals with the possibility","to directly benefit from a redress order","after it was issued without being required","to give their individual mandate before the","redress order is issued."],"old":["(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 provide","consumers with the possibility to directly","benefit from a redress order after it was","issued without being required to give their","individual mandate before the redress order","is issued."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"125","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-423","justification":" If this directive requires the specific and exclusive mandate from all consumers that are being\n represented by the qualified entity (opt-in-system), those qualified entities have to fulfil the\n strict criteria in Art 4 and adhere the provisions in Art 4a, 6 and 7. By doing this, it can be\n guaranteed that those entities will do everything to make a sound and well-balanced decision\n in the name of the represented consumers. Their decision (=the settlement) will be also\n checked by the court or administrative authority to prevent any unfair or illegal decisions.\n Giving consumers the chance to opt-out from an already opted-in-procedure is thus not\n needed but would only complicate and prolong an already difficult procedure.","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 6"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:13"},"new":["deleted"],"old":["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 have under","Union or national law."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"423","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-424","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 6"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:13"},"new":["6. The redress obtained through an","approved settlement in accordance with","paragraph 4 shall be binding upon all","parties, which participated in the","representative action without prejudice to","any additional rights to redress that the","consumers concerned may have under","Union or national law. The redress","obtained through the settlement shall also","be binding upon cases involving the same","practice, the same trader and the same","consumer."],"old":["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 have under Union or","national law."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"424","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Jens Rohde","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-126","location":[["Proposal for a directive","Recital 21"]],"meps":[96710],"meta":{"created":"2019-07-03T06:52:12"},"new":["deleted"],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"126","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-425","location":[["Proposal for a directive","Article 8 \u2013 paragraph 6"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:13"},"new":["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."],"old":["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 have under Union or national law."],"orig_lang":"fr","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"425","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-127","location":[[" Proposal for a directive","Recital 21"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:12"},"new":["deleted"],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"127","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-426","location":[["Proposal for a directive","Article 8 \u2013 paragraph 6"]],"meps":[124776,1849,103845,185619,124817,96998,96915,1913],"meta":{"created":"2019-07-03T06:52:13"},"new":["6. Without prejudice to the right to","access to justice, individual consumers or","citizens 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 have under Union or national law."],"old":["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 have under Union or national law."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"426","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-128","location":[["Proposal for a directive","Recital 21"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:12"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"128","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-427","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 6"]],"meta":{"created":"2019-07-03T06:52:13"},"new":["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 final","with respect to any additional rights to","redress that the consumers concerned","might otherwise have been able to claim","under Union or national law."],"old":["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 have under Union or national law."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"427","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Laura Ferrara, Marco Zullo","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-129","justification":" Consumers who have become victims of fraud should always be able to obtain the\n compensation to which they are entitled.","location":[["Proposal for a directive","Recital 21"]],"meps":[124833,125237],"meta":{"created":"2019-07-03T06:52:12"},"new":["(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. Consumers should","therefore in every case obtain the","compensation due and the charges for the","redistribution of funds to the consumers","concerned should be borne by the traders","who committed the infringement."],"old":["(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."],"orig_lang":"it","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"129","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Stefano Maullu","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-428","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 6"]],"meps":[133326],"meta":{"created":"2019-07-03T06:52:13"},"new":["6. Member States shall ensure that a","final decision of an administrative","authority establishing that no","infringement has occurred or excluding","the liability of the trader towards the","harmed consumers is considered as a","rebuttable presumption for the purposes","of any actions seeking redress before their","national courts against the same trader for","the same infringement."],"old":["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 have under","Union or national law."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"428","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-130","location":[[" Proposal for a directive","Recital 21"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:12"},"new":["(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 should be competent to rule","on the use of the funds resulting from an","aggregate loss and to assess the need to","assign them for protecting the collective","interests of consumers in an appropriate","and proportionate manner."],"old":["(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."],"orig_lang":"fr","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"130","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-429","location":[["Proposal for a directive","Article 8 \u2013 paragraph 6"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:13"},"new":["6. Individuals 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 individuals concerned","may have under Union or national law."],"old":["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 have under Union or national law."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"429","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-131","location":[["Proposal for a directive","Recital 21"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:12"},"new":["(21) In low-value cases, where the","damage suffered can be easily expressed","as monetary value, individuals may decide","not 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","individuals, the aggregated loss may be","significant. In such cases and upon the","agreement of the individuals concerned, a","court or authority may consider that it is","disproportionate to distribute the funds","back to the individuals concerned, for","example because it is too onerous or","impracticable. Therefore the funds received","as redress through representative actions","could serve the purposes of the protection","of collective interests. In such cases, such","funds should be directed to a relevant","public purpose, such as a legal aid fund or","a representative actions fund, awareness","campaigns or relevant civil society","movements."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"131","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-430","location":[["Proposal for a directive","Article 9 \u2013 paragraph -1 (new)"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:13"},"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."],"old":[""],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"430","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-132","location":[["Proposal for a directive","Recital 21"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:12"},"new":["(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 this relevant purpose,","such as a consumer or citizens legal aid","fund, awareness campaigns or consumer","movements."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"132","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-431","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:13"},"new":["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)."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"431","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-133","location":[[" Proposal for a directive","Recital 21"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:12"},"new":["(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 those cases, where","consumers fail to act within a reasonable","time or where they do not agree to receive","individually the share of the funds to","which they are entitled, Member States","should allow the court or authority to","decide on the use of funds received as","redress through representative actions","taking into account that they should be","used to protect the collective interest of","consumers. Member States should decide","on the reasonable period of time during","which the consumers may take action."],"old":["(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."],"orig_lang":"ro","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"133","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Laura Ferrara, Marco Zullo","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-432","justification":"The channels of the party who committed the infringement may not be regarded by the injured\nparty as worthy of confidence. It would therefore be appropriate for consumers to be\ninformed through channels perceived as reliable.","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meps":[124833,125237],"meta":{"created":"2019-07-03T06:52:13"},"new":["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."],"old":["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."],"orig_lang":"it","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"432","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-433","location":[["Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meta":{"created":"2019-07-03T06:52:13"},"new":["1. Member States shall ensure that the","CPC entity will ensure early information","of consumers potentially concerned as per","paragraph 2a of this Article. The CPC","entity 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."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"433","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-134","location":[["Proposal for a directive","Recital 22"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:12"},"new":["deleted"],"old":["(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 2006/2004.32","_________________","32","OJ L 345, 27.12.2017."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"134","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-434","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:13"},"new":["1. Member States shall ensure that the","court or administrative authority shall","require the infringing trader to inform","affected individuals, in particular","consumers and workers, and 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 individuals concerned","individually."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"434","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Laura Ferrara, Marco Zullo","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-135","location":[[" Proposal for a directive","Recital 22"]],"meps":[124833,125237],"meta":{"created":"2019-07-03T06:52:12"},"new":["(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.","Although the decision on representative","actions can be taken after having","established that a practice constitutes a","violation of Union law, nonetheless in","order not to prolong procedures and not","to increase the risk that consumers may","lose evidence which supports their case","and may cease to have an interest in the","case, actions can also be initiated before a","final decision is handed down by a court","or administrative authority.","_________________","32","OJ L 345, 27.12.2017. OJ L 345, 27.12.2017."],"old":["(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.","_________________","32"],"orig_lang":"it","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"135","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-136","meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:12"},"new":["(22) 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","2006/2004.32","_________________","32","OJ L 345, 27.12.2017."],"old":["(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 2006/2004.32","_________________","32","OJ L 345, 27.12.2017."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"136","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-435","justification":"In opt-in systems, consumers do actively participate. Therefore, public communications\nordered by a court or administrative authority should not be needed. Only if a decision or\nsettlement includes others who have not opted in (e.g. in an opt-out system), consumers will\nnot be aware. In this case public communication is needed and should be subject to court /\nadministrative authority supervision.","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:13"},"new":["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 may require the defeated party or","both parties in case of a settlement, to","publish at its expense 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."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"435","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-137","location":[["Proposal for a directive","Recital 22"]],"meps":[124776,1849,103845,185619,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:12"},"new":["(22) Measures aimed at eliminating the","continuing effects of the infringement may","be sought for an infringement of Union law","covered by the scope of this Directive","harming collective interest of consumers or","citizens. For example, 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. 32","_________________","32","OJ L 345, 27.12.2017. OJ L 345, 27.12.2017."],"old":["(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 2006/2004.32","_________________","32"],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"137","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-436","location":[["Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:13"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"436","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-437","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 1 a (new)"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:13"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"437","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-138","location":[[" Proposal for a directive","Recital 22"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:12"},"new":["(22) Measures aimed at eliminating the","continuing effects of the infringement may","be sought only on the basis of a final,","reasoned decision not or no longer","appealable before the courts, 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.","_________________","32","OJ L 345, 27.12.2017."],"old":["(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.","","_________________","32","OJ L 345, 27.12.2017."],"orig_lang":"fr","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"138","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, , Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-438","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 1 a (new)"]],"meps":[124776,1849,103845,185619,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:13"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"438","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-439","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:14"},"new":["2. The information referred to in","paragraph -1 and 1 shall be provided in","intelligible language."],"old":["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","consumers concerned."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"439","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-139","location":[["Proposal for a directive","Recital 23"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:13"},"new":["(23) This Directive provides for a","procedural mechanism, which does not","affect the rules establishing substantive","rights to contractual and non-contractual","remedies in case their interests have been","harmed by an infringement, such as, in","case of consumers, the right to","compensation for damages, contract","termination, reimbursement, replacement,","repair or price reduction, 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. A","representative action seeking redress under","this Directive can only be brought where","Union or national law provides for such","substantive rights."],"old":["(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 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"139","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-440","location":[["Proposal for a directive","Article 9 \u2013 paragraph 2"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:14"},"new":["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","individuals concerned. The modalities and","timeframe of the information shall be","designed in agreement with the court or","administrative authority."],"old":["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","consumers concerned."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"440","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-140","location":[["Proposal for a directive","Recital 23"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:13"},"new":["(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."],"old":["(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","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."],"orig_lang":"ro","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"140","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-441","location":[["Proposal for a directive","Article 9 \u2013 paragraph 2"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:14"},"new":["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","consumers or citizens concerned. The","information note, as well as the time","frame to inform, has to be approved by the","judge or by the authority overseeing the","case."],"old":["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","consumers concerned."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"441","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-141","location":[[" Proposal for a directive","Recital 24"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:13"},"new":["(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."],"old":["(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","modalities set by this Directive."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"141","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-442","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2 a (new)"]],"meta":{"created":"2019-07-03T06:52:14"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"442","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Bendt Bendtsen, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-142","location":[["Proposal for a directive","Recital 24"]],"meps":[96761,98341,124726,96705,28224],"meta":{"created":"2019-07-03T06:52:13"},"new":["(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."],"old":["(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","modalities set by this Directive."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"142","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-443","justification":"The right of information of the consumer as well as the means of information have to be\nbalanced with all negative effects for the defendant.","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2 a (new)"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:14"},"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\u2019","reputational rights and rights to business","secrecy."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"443","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Laura Ferrara, Marco Zullo","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-143","justification":" Member States in which representative actions for the protection of the collective interests of\n consumers work well must not be compelled to harmonise their procedures so as to make\n them worse.","location":[["Proposal for a directive","Recital 24"]],"meps":[124833,125237],"meta":{"created":"2019-07-03T06:52:13"},"new":["(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","minimum standards established by this","Directive."],"old":["(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","modalities set by this Directive."],"orig_lang":"it","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"143","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-444","location":[["Proposal for a directive","Article 9 \u2013 paragraph 2 a (new)"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:14"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"444","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-144","location":[[" Proposal for a directive","Recital 25"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:13"},"new":["(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","and the qualified entity and to avoid risks","of abusive litigation as well as to assess","whether the qualified entity has sufficient","resources in order to meet its financial","obligations should the action fail. The","information provided by the qualified","entity at the earliest stage of the","proceeding to the court or administrative","authority overseeing the representative","action should enable it to assess whether","any third party may influence procedural","decisions of the qualified entity in general","and 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 must 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 or stay","proceedings. Member States should","provide that where third party funding is","permitted and in order to avoid the risks","of abusive litigation Member States","should be able to implement a licencing","system through a public authority by","which third party funders are licensed","and subject to strict professional","obligations and registered in a public","registry for funders. Where such systems","exist, Member States should ensure that","third party funders have a legal obligation","to act in the best interest of the qualified","entity and the consumers it represents","(fiduciary duty). Furthermore, Member","States should prohibit third party funders","and law firms from establishing qualified","entities, law firms from owning third party","funders and vice versa, and third party","funders from basing remuneration on the","settled or awarded compensation."],"old":["(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.","",""],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"144","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-445","location":[["Proposal for a directive","Article 10 \u2013 paragraph 1"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:14"},"new":["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 of","that infringement for the purposes of any","other actions seeking redress before their","national courts against the same trader for","the same infringement, with due regard for","the principle that compensation cannot be","provided twice for the same instance of","harm."],"old":["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 of","that infringement for the purposes of any","other actions seeking redress before their","national courts against the same trader for","the same infringement."],"orig_lang":"fr","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"445","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-145","location":[["Proposal for a directive","Recital 25"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:13"},"new":["(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","and to avoid risks of abusive litigation as","well as to assess whether the qualified","entity has sufficient resources in order to","represent the best interests of the","consumers concerned and to support all","necessary legal costs should it lose the","redress action. To ensure that the rights","of the trader are fully respected, the","financing of collective redress litigation","against a trader by an individual","contribution from one of its competitors","should be avoided. The information","provided by the qualified entity to the court","or administrative authority overseeing the","representative action should enable it to","assess whether a 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."],"old":["(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."],"orig_lang":"ro","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"145","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-446","justification":" A court can also determine that there was no infringement. The directive should mention both\n possibilities to demonstrate that it is not biased.","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 1"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:14"},"new":["1. Member States shall ensure that 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 or non-existence","of that infringement for the purposes of any","other actions seeking redress before their","national courts against the same trader for","the same facts."],"old":["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 of","that infringement for the purposes of any","other actions seeking redress before their","national courts against the same trader for","the same infringement."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"446","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-146","location":[[" Proposal for a directive","Recital 25"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:13"},"new":["(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","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."],"old":["(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."],"orig_lang":"fr","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"146","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-447","location":[["Proposal for a directive","Article 10 \u2013 paragraph 1"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:14"},"new":["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."],"old":["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 of","that infringement for the purposes of any","other actions seeking redress before their","national courts against the same trader for","the same infringement."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"447","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-147","location":[["Proposal for a directive","Recital 26"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:13"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"147","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-448","location":[["Proposal for a directive","Article 10 \u2013 paragraph 1"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:14"},"new":["1. Member States shall ensure that an","infringement harming collective interests","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."],"old":["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 of","that infringement for the purposes of any","other actions seeking redress before their","national courts against the same trader for","the same infringement."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"448","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-449","justification":" The current wording encourages forum shopping and goes against fundamental principles of\n national civil procedures. Although national courts or administrative authorities of a Member\n State should be able to consider final decisions from another Member State, these decision\n should not constitute a rebuttable presumption.","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 2"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:14"},"new":["2. Member States shall ensure that a","final decision referred to in paragraph 1,","taken in another Member State should be","included in the file for relevant cases by","their national courts or administrative","authorities. It may be considered as","evidence in related cases."],"old":["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 as a rebuttable","presumption that an infringement has","occurred."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"449","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-148","location":[[" Proposal for a directive","Recital 26"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:13"},"new":["(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."],"old":["(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."],"orig_lang":"fr","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"148","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-149","location":[[" Proposal for a directive","Recital 26"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:13"},"new":["(26) Collective out-of-court settlements","aimed at providing redress to harmed","individuals should be encouraged both","before the representative action is brought","and at any stage of the representative","action."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"149","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-150","location":[[" Proposal for a directive","Recital 27"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:13"},"new":["(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 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 or","citizens concerned shall be given the","possibility to accept or to refuse to be","bound by such a settlement."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"150","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, , Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-450","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 3"]],"meps":[124776,1849,103845,185619,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:14"},"new":["deleted"],"old":["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 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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"450","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-151","location":[["Proposal for a directive","Recital 27"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:13"},"new":["(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. Settlements should","be final and binding for all the concerned","consumers."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"151","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-451","location":[["Proposal for a directive","Article 10 \u2013 paragraph 3"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:14"},"new":["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."],"old":["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 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."],"orig_lang":"fr","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"451","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-152","location":[[" Proposal for a directive","Recital 27"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:13"},"new":["(27) Member States may provide that a","qualified entity and a trader who have","reached a settlement regarding redress for","individuals 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. Each of the","individuals concerned shall be given the","possibility to accept or to refuse to be","bound by such a settlement."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"152","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-153","location":[[" Proposal for a directive","Recital 28"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:13"},"new":["(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 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 concerned, the possible","type of redress to be offered, the","willingness of the parties to settle, in","particular any actions with an impact on","the procedural costs and on the legal fees","to be borne by the parties, the impact on","any funding arrangements and the","compensation to be effectively paid to","consumers, and the expediency of the","procedure."],"old":["(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 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 concerned, the possible","type of redress to be offered, the","willingness of the parties to settle and the","expediency of the procedure."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"153","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-452","location":[["Proposal for a directive","Article 10 \u2013 paragraph 3"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:14"},"new":["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 individuals 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 are available through","expedient and simplified procedures."],"old":["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 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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"452","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-154","location":[["Proposal for a directive","Recital 28"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:13"},"new":["(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."],"old":["(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 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 concerned, the possible","type of redress to be offered, the","willingness of the parties to settle and the","expediency of the procedure."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"154","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-453","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 3 a (new)"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:14"},"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."],"orig_lang":"ro","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"453","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-155","location":[[" Proposal for a directive","Recital 28"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:14"},"new":["(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 individuals 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 individuals concerned, the possible","type of redress to be offered, the","willingness of the parties to settle and the","expediency of the procedure."],"old":["(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 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 concerned, the possible","type of redress to be offered, the","willingness of the parties to settle and the","expediency of the procedure."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"155","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-454","justification":"This suspension combined with an opt-out system would increase the risk of a multiplicity of\noverlapping and competing claims. As it will be impossible to know which consumers are\nimplicated by which claims, it will become impossible to know which limitation periods will\napply to which consumers, or when any claim is finally extinguished. Therefore, one should at\nleast determine that the suspension of limitation periods is just applicable to those consumers\nwho have opted-in.","location":[["Proposal for a directive","Article 11 \u2013 paragraph 1"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:14"},"new":["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, who have given","a specific and exclusive mandate to a","qualified entity to be represented in such","an action, if the relevant rights are subject","to a limitation period under Union or","national law."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"454","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-156","location":[[" Proposal for a directive","Recital 29"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:14"},"new":["deleted"],"old":["(29) In order to facilitate redress for","individual consumers 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"156","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-455","location":[["Proposal for a directive","Article 11 \u2013 paragraph 1"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:15"},"new":["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 individuals concerned, if the","relevant rights are subject to a limitation","period under Union or national law."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"455","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-157","location":[["Proposal for a directive","Recital 29"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:14"},"new":["(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."],"old":["(29) In order to facilitate redress for","individual consumers 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"157","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-456","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 1 a (new)"]],"meta":{"created":"2019-07-03T06:52:15"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"456","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual, Tadeusz Zwiefka","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-158","location":[["Proposal for a directive","Recital 30"]],"meps":[96761,98341,124726,28390,96705,28224,28393,28301],"meta":{"created":"2019-07-03T06:52:14"},"new":["(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. The","settlement precludes any additional","individual or collective rights for redress","of consumers that have specifically and","exclusively mandated the collective action."],"old":["(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 concerned shall be given the","possibility to accept or to refuse to be","bound by such a settlement."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"158","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-457","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:15"},"new":["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."],"old":["1. Member States shall take the","necessary measures to ensure","representative actions referred to in","Articles 5 and 6 are treated with due","expediency."],"orig_lang":"ro","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"457","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-159","location":[[" Proposal for a directive","Recital 30"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:14"},"new":["(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."],"old":["(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 concerned shall be given the","possibility to accept or to refuse to be","bound by such a settlement."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"159","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-458","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:15"},"new":["2. Representative actions for an","injunction order in the form of an interim","measure referred to in Article 5(2)(a) shall","be treated by way of a fast-track","procedure."],"old":["2. Representative actions for an","injunction order in the form of an interim","","measure referred to in Article 5(2)(a) shall","be treated by way of an accelerated","procedure."],"orig_lang":"fr","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"458","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-160","location":[[" Proposal for a directive","Recital 30"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:14"},"new":["(30) Any out-of-court settlement","reached within the context of a","representative action 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 concerned shall be given the","possibility to accept or to refuse to be","bound by such a settlement."],"old":["(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 concerned shall be given the","possibility to accept or to refuse to be","bound by such a settlement."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"160","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-459","justification":"See Justification for new paragraph 2.","location":[["Proposal for a directive","Article 13 \u2013 paragraph 1"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:15"},"new":["Member States shall ensure that, at the","request of one of the parties that has","presented reasonably available facts,","sufficient evidence and a substantive","explanation to support its views, and has","indicated further specific and clear defined","evidence which lies in the control of the","other party, the court or administrative","authority may order, in accordance with","national procedural rules, that such","evidence be presented by this party,","subject to the applicable Union and","national rules on confidentiality."],"old":["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, subject to the applicable Union","and national rules on confidentiality."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"459","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-161","location":[["Proposal for a directive","Recital 31"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:14"},"new":["(31) Ensuring that individuals and the","general public are informed about a","representative action is crucial for its","success. Individuals and the general","public 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 individuals","concerned, particularly for obtaining","redress. The reputational risks associated","with spreading information about the","infringement are also important for","deterring traders infringing rights."],"old":["(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. The","reputational risks associated with spreading","information about the infringement are also","important for deterring traders infringing","consumer rights."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"161","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-460","location":[["Proposal for a directive","Article 13 \u2013 paragraph 1"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:15"},"new":["Member States shall ensure that, at the","request of one of the parties, in order to","obtain further evidence which lies in the","control of the other party, the court or","administrative authority may order, in","accordance with national procedural rules,","that such evidence be presented, subject to","applicable Union law and national rules on","confidentiality. The order must be","adequate and proportionate in the","respective case and must not create an","imbalance between the two parties","involved."],"old":["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, subject to the applicable Union","and national rules on confidentiality."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"460","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-162","location":[["Proposal for a directive","Recital 31"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:14"},"new":["(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."],"old":["(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. The","reputational risks associated with","spreading information about the","infringement are also important for","deterring traders infringing consumer","rights."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"162","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-461","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 1"]],"meta":{"created":"2019-07-03T06:52:15"},"new":["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."],"old":["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, subject to the applicable Union","and national rules on confidentiality."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"461","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-163","location":[[" Proposal for a directive","Recital 31"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:14"},"new":["(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."],"old":["(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. The","reputational risks associated with","spreading information about the","infringement are also important for","deterring traders infringing consumer","rights."],"orig_lang":"ro","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"163","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Stefano Maullu","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-462","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 1"]],"meps":[133326],"meta":{"created":"2019-07-03T06:52:15"},"new":["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."],"old":["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, subject to the applicable Union","and national rules on confidentiality."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"462","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-164","location":[[" Proposal for a directive","Recital 31"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:14"},"new":["(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\u2019 rights."],"old":["(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. The","reputational risks associated with spreading","information about the infringement are also","important for deterring traders infringing","consumer rights."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"164","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-463","justification":" The obligation to provide evidence and information is strongly redolent of the so-called\n \u201cdiscovery approach\u201d within the USA - a method, which is very costly and prone to abuses.\n Qualified entities could use this tool in very high numbers to pressure the defendant and/or to\n spy on the business activities of the defendant. The entity could also use accidental\n discoveries or even business secrets to make profits or to weaken the competition (especially\n relevant if there is a third-party-funding by other businesses). Moreover, it is very\n problematic to demand the defendant to prove something that the other side is claiming. This\n approach would change the burden of proof and is thus violating the right to a fair trial.\n Overall, the proposed article is very biased, is incompatible with the legal standards within\n the European Union, contradicts the EU Data Protection Rules and violates Article 6 ECHR\n as well as Article 47 of the Fundamental Rights Charter. The whole approach is not only one-\n sided and causes huge costs; it would also significantly prolong the process, which means\n that the consumers would have to wait much longer for their redress. A fairer approach,\n which is also in line with our legal traditions, would be an alignment with the safeguarded\n disclosure system in the 2014 Competition Damages Directive.","location":[["Proposal for a directive","Article 13 \u2013 paragraph 1 a (new)"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:15"},"new":["Member States shall ensure that the court","or administrative authority verify that the","evidence requested is circumscribed as","precisely and as narrowly as possible on","the basis of reasonable available facts and","that the disclosure is limited to what can","be seen as proportionate. In determining","whether any disclosure requested by a","party is proportionate, courts or","administrative authorities shall consider","the legitimate interest of all parties,","including all third parties concerned. In","particular, they shall consider:","(a) the extent to which the claim or","defence is supported by available facts","and evidence justifying the request to","disclose evidence;","(b) the scope and the cost of","disclosure, especially for any third parties","concerned, including preventing non-","specific searches for information, which","are unlikely to be of relevance for the","parties in the procedure;","(c) whether the evidence sought","contains confidential information,","especially concerning any third parties,","and what arrangements are in place for","protecting such confidential information.","Member States shall ensure that national","courts give full effect to applicable legal","professional privilege under Union or","national law when ordering the disclosure","of evidence. Member States shall ensure","that those from whom disclosure is","sought, are provided with an opportunity","to be heard before a national court that","orders the disclosure under this Article."],"old":["",""],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"463","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Jens Rohde, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-464","location":[[" Proposal for a directive","Article 13 a (new)"]],"meps":[96710,28206],"meta":{"created":"2019-07-03T06:52:15"},"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 (\u201closer pays principle\u201d),","subject to the conditions provided for in","the relevant national law."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"464","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-165","location":[["Proposal for a directive","Recital 32"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:15"},"new":["(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 individuals","concerned as well as the general public 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, the individuals concerned should","be informed individually through","electronic or paper letters. This information","should be provided in accessible formats","for persons with disabilities."],"old":["(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 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"165","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Kostas Chrysogonos, Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-465","location":[["Proposal for a directive","Article 14 \u2013 paragraph 1"]],"meps":[125061,23704],"meta":{"created":"2019-07-03T06:52:15"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"465","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-166","location":[[" Proposal for a directive","Recital 32"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:15"},"new":["(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."],"old":["(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 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"166","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-466","justification":" Rulings from courts and public authorities are already enforceable by national measures, in\n cases a party does not comply with the decision. Therefore, there is no need for any\n additional sanctions in this directive. In line with the 2013 Recommendation (point 13), it\n should be made very clear that the defeated party bears all the costs. Otherwise, there would\n not be any financial risks for a qualified entity in filling actions against traders, which would\n foster abuses and set the wrong incentives (profit instead of helping consumers!).","location":[["Proposal for a directive","Article 14 \u2013 paragraph 1"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:15"},"new":["1. Member States shall ensure that the","party that loses a collective redress action","reimburses necessary legal costs borne by","the winning party (\u2018loser pays principle\u2019),","subject to the conditions provided for in","the relevant national law."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"466","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-167","location":[[" Proposal for a directive","Recital 32"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:15"},"new":["(32) To be effective, the information","should be adequate and proportional to the","circumstances of the case. Member States","should ensure that the court or the","administrative authority may require the","defeated party to adequately inform all","consumers concerned of a final decision","concerning injunction and redress issued","within the representative action, and both","parties in cases of a settlement approved","by a court or administrative authority. Such","information may be provided for instance","on the website, social media, online market","places, or in popular newspapers, including","those distributed exclusively by electronic","means of communication. This information","should be provided in accessible formats","for persons with disabilities upon request."],"old":["(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 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"167","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-467","justification":" See Justification for Article 14 - paragraph 1.","location":[[" Proposal for a directive","Article 14 \u2013 paragraph 2"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:15"},"new":["deleted"],"old":["2. Member States shall ensure that","penalties may take the form of fines."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"467","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-168","location":[["Proposal for a directive","Recital 32 a (new)"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:15"},"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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"168","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Kostas Chrysogonos, Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-468","location":[[" Proposal for a directive","Article 14 \u2013 paragraph 2"]],"meps":[125061,23704],"meta":{"created":"2019-07-03T06:52:15"},"new":["2. Member States shall ensure that","penalties may take, inter alia, the form of","fines."],"old":["2. Member States shall ensure that","penalties may take the form of fines."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"468","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-169","location":[["Proposal for a directive","Recital 33"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:15"},"new":["(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 be binding upon all parties,","which participated in the representative","action. The final decision should be","without prejudice to any additional rights","to redress that the consumers concerned","may have under Union or national law.","The redress obtained through the","settlement should also be binding upon","cases involving the same practice, the","same trader and the same consumer.","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 a rebuttable","presumption that the infringement has","occurred."],"old":["(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 a rebuttable","presumption that the infringement has","occurred."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"169","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-469","justification":"See Justification for Article 14 - paragraph 1.","location":[["Proposal for a directive","Article 14 \u2013 paragraph 3"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:15"},"new":["deleted"],"old":["3. When deciding about the","allocation of revenues from fines Member","States shall take into account the","collective interests of consumers."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"469","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-170","location":[[" Proposal for a directive","Recital 33"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:15"},"new":["(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 subsequent legal","actions related to the same infringement or","non-infringement by the same trader as","regards the nature of the infringement or","non-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 or non-infringement was","issued, the decision may be considered as","evidence that the infringement has or has","not occurred in related cases."],"old":["(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 a rebuttable","presumption that the infringement has","occurred."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"170","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-470","location":[["Proposal for a directive","Article 14 \u2013 paragraph 3"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:15"},"new":["3. When deciding about the allocation","of revenues from fines Member States shall","take into account the collective interests.","Member States may decide for such","revenues to be allocated to a fund created","for the purpose of financing","representative actions."],"old":["3. When deciding about the allocation","of revenues from fines Member States shall","take into account the collective interests of","consumers."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"470","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-171","location":[["Proposal for a directive","Recital 34"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:15"},"new":["deleted"],"old":["(34) Member States should ensure that","individual actions for redress may be","based on a final declaratory decision","issued within a representative action.","Such actions should be available through","expedient and simplified procedures."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"171","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-471","justification":" See Justification for Article 14 - paragraph 1.","location":[[" Proposal for a directive","Article 14 \u2013 paragraph 4"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:16"},"new":["deleted"],"old":["4. Member States shall notify","provisions referred to in paragraph 1 to","the Commission by [date for transposition","of the Directive] at the latest and shall","notify it without delay of any subsequent","amendment affecting them."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"471","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-172","location":[["Proposal for a directive","Recital 34"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:15"},"new":["(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."],"old":["(34) Member States should ensure that","individual actions for redress may be based","on a final declaratory decision issued","within a representative action. Such actions","should be available through expedient and","simplified procedures."],"orig_lang":"fr","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"172","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-472","justification":"In line with Article 7(1) and based on the \u2018loser-pays-principle\u2019, it is important to mention\nthat the qualified entity has to have sufficient funds. This specification is crucial for\npreventing qualified entities from bringing cases to court that have no chance of success.\nEven when financial support is granted, the qualified entity needs to bear a reasonably high\namount of costs.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 1"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:16"},"new":["1. Member States shall be encouraged","\u2013 in line with Article 7(1) \u2013 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."],"old":["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,","granting them access to legal aid where","necessary, or by providing them with","public funding for this purpose.",""],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"472","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual, Tadeusz Zwiefka","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-173","location":[[" Proposal for a directive","Recital 35"]],"meps":[96761,98341,124726,28390,96705,28224,28393,28301],"meta":{"created":"2019-07-03T06:52:15"},"new":["(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, who","have given their specific and exclusive","mandate to a qualified entity to be","represented in such an action."],"old":["(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","concerned by this action."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"173","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-473","location":[["Proposal for a directive","Article 15 \u2013 paragraph 1"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:16"},"new":["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."],"old":["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,","granting them access to legal aid where","necessary, or by providing them with","public funding for this purpose."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"473","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-174","location":[[" Proposal for a directive","Recital 35"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:15"},"new":["(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 prevented by","national rules on limitation periods. In","particular, the submission of a","representative action should have the effect","of suspending or interrupting the limitation","periods for any subsequent redress actions","for the consumers concerned by this action."],"old":["(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","concerned by this action."],"orig_lang":"fr","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"174","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-474","location":[["Proposal for a directive","Article 15 \u2013 paragraph 1"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:16"},"new":["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, in particular limiting","applicable court or administrative fees,","granting them access to legal aid where","necessary, or by providing them with","public funding for this purpose."],"old":["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,","granting them access to legal aid where","necessary, or by providing them with","public funding for this purpose."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"474","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-175","location":[["Proposal for a directive","Recital 35"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:15"},"new":["(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."],"old":["(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","concerned by this action."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"175","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-176","location":[[" Proposal for a directive","Recital 35"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:15"},"new":["(35) Actions for redress based on the","establishment of an infringement by a final","injunction order regarding the liability of","the trader towards the harmed individuals","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 individuals","concerned by this action."],"old":["(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","concerned by this action."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"176","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Stefano Maullu","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-475","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 1"]],"meps":[133326],"meta":{"created":"2019-07-03T06:52:16"},"new":["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."],"old":["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,","granting them access to legal aid where","necessary, or by providing them with","public funding for this purpose."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"475","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-476","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:16"},"new":["deleted"],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"476","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-177","location":[[" Proposal for a directive","Recital 36"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:15"},"new":["(36) Representative actions for","injunction orders ought to be treated with","due procedural expediency. Injunction","orders with interim effect should always be","treated by way of an accelerated procedure","in order to prevent any or further harm","caused by the infringement."],"old":["(36) Representative actions for","injunction orders should be treated with","due procedural expediency. Injunction","orders with interim effect should always be","treated by way of an accelerated procedure","in order to prevent any or further harm","caused by the infringement."],"orig_lang":"fr","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"177","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Stefano Maullu","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-477","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2"]],"meps":[133326],"meta":{"created":"2019-07-03T06:52:16"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"477","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-478","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:16"},"new":["2. Member States shall take the","necessary measures to ensure that in cases","where the qualified entities are required to","inform individuals concerned about the","ongoing representative action the related","cost may be recovered from the trader if","the action is successful."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"478","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-178","meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:15"},"new":["(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, the necessary","information may be held exclusively by","either the trader or the qualified entity, or","the consumers it represents, making it","inaccessible to the other party. The parties","should therefore be afforded the right to","request, upon presenting a substantiated","explanation to the competent court or","administrative authority the disclosure by","the other party of specific and clearly","defined evidence relevant to their claim.","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. Member","States should ensure that the court or","administrative authority verify that the","requested evidence is narrowly and","precisely circumscribed based on","reasonable and available facts. In","particular, the court or the administrative","authority should assess the relationship","between the claim or defence and the","requested evidence, the scope and cost of","the disclosure, and whether the evidence","sought contains any confidential or","privilege information protected under","relevant national laws."],"old":["(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,","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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"178","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-479","location":[[" Proposal for a directive","Article 15 a (new)"]],"meps":[96710,124742],"meta":{"created":"2019-07-03T06:52:16"},"new":["Article 15a","Legal representation and fees","Member States shall ensure that the","lawyers\u2019 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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"479","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-480","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 1"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:16"},"new":["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 Article 4(1). The courts or","administrative authorities shall accept this","list or other applicable evidence as proof","of the legal standing of the qualified entity","without prejudice to their right to examine","whether the purpose of the qualified entity","justifies its taking action in a specific case."],"old":["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","without prejudice to their right to examine","whether the purpose of the qualified entity","justifies its taking action in a specific case."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"480","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-179","location":[[" Proposal for a directive","Recital 37"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:15"},"new":["(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 individuals concerned by","an infringement, deciding on redress and","adequately informing individuals","concerned by a representative action as","well as the general public about the","ongoing proceedings and its final","outcomes. However, the necessary","information may be held exclusively by the","trader, for example due to business-to-","consumer or employer-worker","relationships being characterised by","information asymmetry, 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 individuals","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."],"old":["(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,","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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"179","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-481","justification":"To avoid forum shopping, courts or administrative authorities should always review the direct\nrelationship between the main objectives of the qualified entity and the intended purpose of\nthe action, which is in line with the 2013 Recommendation by the Commission.","location":[["Proposal for a directive","Article 16 \u2013 paragraph 1"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:16"},"new":["1. Member States shall take the","measures necessary to ensure that any","qualified entity accredited 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. However, the courts or","administrative authorities shall review the","legal standing of the qualified entity by","examining whether the purpose of the","qualified entity justifies its taking action in","a specific case."],"old":["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","without prejudice to their right to examine","whether the purpose of the qualified entity","justifies its taking action in a specific case."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"481","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-180","location":[["Proposal for a directive","Recital 37"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:16"},"new":["(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."],"old":["(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,","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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"180","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-482","justification":" In order to prevent \u2018Forum Shopping\u2019 and due to the fact that consumer protection differs\n significantly between EU Member States, one has to make sure that representative action is\n addressed in the Member State, where the infringement has taken place. Based on the\n proposed changes in Article 6, it should also be underlined in Article 16(2) that only\n consumers who have opted-in can be part of a joint action of several qualified entities or can\n be consolidated in a single qualified entity in case consumers from several Member States are\n affected by an infringement from the same trader. Only if each qualified entity discloses the\n opted-in consumers it represents at the very beginning, one can avoid multiple overlapping\n claims.","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 2"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:16"},"new":["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."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"482","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-181","location":[[" Proposal for a directive","Recital 37"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:16"},"new":["(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.","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 relating to","confidentiality and professional and trade","secrecy and the protection of legitimate","interests of third parties and subject to the","applicable Union and national rules on","confidentiality."],"old":["(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,","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."],"orig_lang":"ro","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"181","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-483","location":[["Proposal for a directive","Article 16 \u2013 paragraph 2"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:16"},"new":["2. Member States shall ensure that","where the infringement affects or is likely","to affect individuals 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","individuals from different Member States."],"old":["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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"483","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-182","location":[[" Proposal for a directive","Recital 38"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:16"},"new":["(38) In order to ensure the effectiveness","of the representative actions, traders found","by a final decision to have committed an","infringement should face effective,","dissuasive and proportionate penalties for","non-compliance with a final decision","issued within the representative action."],"old":["(38) In order to ensure the effectiveness","of the representative actions infringing","traders should face effective, dissuasive","and proportionate penalties for non-","compliance with a final decision issued","within the representative action."],"orig_lang":"fr","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"182","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-484","justification":" Deletion due to the proposed addition in Article 4 as new paragraph 2a, which takes a very\n similar direction but makes much more sense in Article 4 from a legal and systematic point of\n view (especially if this directive is only applicable to cases of widespread infringement).","location":[["Proposal for a directive","Article 16 \u2013 paragraph 3"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:16"},"new":["deleted"],"old":["3. For the purposes of cross-border","representative actions, and without","prejudice to the rights granted to other","entities under national legislation, the","Member States shall communicate to the","Commission the list of qualified entities","designated in advance. Member States","shall inform the Commission of the name","and purpose of these qualified entities.","The Commission shall make this","information publicly available and keep it","up to date."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"484","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual, Tadeusz Zwiefka","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-183","location":[["Proposal for a directive","Recital 39"]],"meps":[96761,98341,124726,28390,96705,28224,28393,28301],"meta":{"created":"2019-07-03T06:52:16"},"new":["(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 (\u2018loser pays","principle\u2019). 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."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"183","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-485","justification":" The defendant should also have the right to flag concerns regarding the compliance by a\n qualified entity with the criteria laid down in Article 4(1). If a qualified entity does not fulfil\n them, it should not have the right to represent consumers. Thereby, it does not matter who\n pointed to the non-fulfilment as only the court or the administrative authority will assess the\n situation and make the decision.","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 4"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:16"},"new":["4. If a Member State, the Commission","or the trader raises concerns regarding the","compliance by a qualified entity with the","criteria laid down in Article 4(1), the","Member State that designated that entity","shall investigate the concerns and, where","appropriate, revoke the designation if one","or more of the criteria are not complied","with."],"old":["4. If a Member State or the","Commission raises concerns regarding the","compliance by a qualified entity with the","criteria laid down in Article 4(1), the","Member State that designated that entity","shall investigate the concerns and, where","appropriate, revoke the designation if one","or more of the criteria are not complied","with."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"485","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-184","location":[[" Proposal for a directive","Recital 39"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:16"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"184","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, , Bendt Bendtsen, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-486","justification":"This is a necessary addition in order to determine where qualified entities shall be accredited\nand whether accreditations can be transferred to other Member States.","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 4 a (new)"]],"meps":[96761,98341,124726,96705,28224],"meta":{"created":"2019-07-03T06:52:16"},"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."],"old":[""],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"486","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-185","location":[[" Proposal for a directive","Recital 39"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:16"},"new":["(39) Having regard to the fact that","representative actions pursue a public","interest by protecting collective interests,","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."],"old":["(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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"185","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, , Bendt Bendtsen, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-487","justification":"It is possible for actions pending before the courts of different Member States to be\nconsidered as related within the meaning of Article 30 of Brussels 1a. Under that Article,\nnational courts - other than that first seized - may stay proceedings or, under certain\ncircumstances, may decline jurisdiction where another court is already considering a\nsubstantially related case. While reliance on Article 30 will not solve the jurisdictional issues,\nit may at least help to limit parallel actions by guiding courts towards taking this approach\nwherever possible.","location":[["Proposal for a directive","Article 16 \u2013 paragraph 4 b (new)"]],"meps":[96761,98341,124726,96705,28224],"meta":{"created":"2019-07-03T06:52:16"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"487","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-186","location":[["Proposal for a directive","Recital 39 a (new)"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:16"},"new":["(39a) Member States should ensure that","contingency fees are avoided and lawyers\u2019","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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"186","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-488","location":[[" Proposal for a directive","Article 16 a (new)"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:16"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"488","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Jens Rohde, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-187","location":[["Proposal for a directive","Recital 39 a (new)"]],"meps":[96710,28206],"meta":{"created":"2019-07-03T06:52:16"},"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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"187","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Mary Honeyball, Lucy Anderson","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-489","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[5846,124949],"meta":{"created":"2019-07-03T06:52:17"},"new":["deleted"],"old":["2. No later than one year after the","entry into force of this Directive, the","Commission shall assess whether the","rules on air and rail passenger rights","offer a level of protection of the rights of","consumers comparable to that provided","for under this Directive. Where that is the","case, the Commission intends to make","appropriate proposals, which may consist","in particular in removing the acts referred","to in points 10 and 15 of Annex I from the","scope of application of this Directive as","defined in Article 2."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"489","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Jens Rohde, Ant\u00f3nio Marinho e Pinto","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-188","location":[["Proposal for a directive","Recital 39 b (new)"]],"meps":[96710,124742],"meta":{"created":"2019-07-03T06:52:16"},"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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"188","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Kostas Chrysogonos,","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-490","location":[["Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[125061],"meta":{"created":"2019-07-03T06:52:17"},"new":["deleted"],"old":["2. No later than one year after the","entry into force of this Directive, the","Commission shall assess whether the","rules on air and rail passenger rights","offer a level of protection of the rights of","consumers comparable to that provided","for under this Directive. Where that is the","case, the Commission intends to make","appropriate proposals, which may consist","in particular in removing the acts referred","to in points 10 and 15 of Annex I from the","scope of application of this Directive as","defined in Article 2."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"490","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-189","location":[[" Proposal for a directive","Recital 40"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:16"},"new":["(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."],"old":["(40) Cooperation and exchange of","information 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."],"orig_lang":"ro","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"189","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-491","location":[["Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:17"},"new":["deleted"],"old":["2. No later than one year after the","entry into force of this Directive, the","Commission shall assess whether the","rules on air and rail passenger rights","offer a level of protection of the rights of","consumers comparable to that provided","for under this Directive. Where that is the","case, the Commission intends to make","appropriate proposals, which may consist","in particular in removing the acts referred","to in points 10 and 15 of Annex I from the","scope of application of this Directive as","defined in Article 2."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"491","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Markus Pieper, Luis de Grandes Pascual","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-190","location":[[" Proposal for a directive","Recital 41"]],"meps":[96761,98341,124726,28390,96705,28224,28393],"meta":{"created":"2019-07-03T06:52:16"},"new":["(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, provided","that qualified entities can demonstrate the","relevant accreditation of their standing","issued in the country of their domicile.","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 that have","given a specific and exclusive mandate for","bringing the specific action."],"old":["(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","from different Member States."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"190","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-492","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:17"},"new":["deleted"],"old":["2. No later than one year after the","entry into force of this Directive, the","Commission shall assess whether the","rules on air and rail passenger rights","offer a level of protection of the rights of","consumers comparable to that provided","for under this Directive. Where that is the","case, the Commission intends to make","appropriate proposals, which may consist","in particular in removing the acts referred","to in points 10 and 15 of Annex I from the","scope of application of this Directive as","defined in Article 2."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"492","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-191","location":[["Proposal for a directive","Recital 41"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:16"},"new":["(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."],"old":["(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","from different Member States."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"191","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-493","justification":"The rail and air passenger rights Regulations and their ongoing review could considerably\nstrengthen the enforcement mechanism and the way passenger\u2019s complaints are being\nhandled. Those regulations already foresee comprehensive individual redress mechanisms. If\nsuch a mechanism does exist, there is no requirement for the inclusion of point 10, 15, 31 and\n32 in this proposal as the individual redress mechanism is faster, cheaper and easier for the\ncustomer. Therefore, one should give the revised regulations at least a chance to demonstrate\nif they improve the ability to deal with passengers\u2019 claims. The European Commission should\nthen assess whether there is an additional need for collective redress mechanism. If they come\nto the conclusion that it is needed, point 10, 15, 31 and 32 shall be included to the Annex of\nthis proposal.","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:17"},"new":["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 concerning the","rights of passengers in bus and coach","transport and of passengers when","travelling by sea and inland waterway","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."],"old":["2. No later than one year after the","entry into force of this Directive, the","Commission shall assess whether the rules","on air and rail passenger rights offer a level","of protection of the rights of consumers","comparable to that provided for under this","Directive. Where that is the case, the","Commission intends to make appropriate","proposals, which may consist in particular","in removing the acts referred to in points","10 and 15 of Annex I from the scope of","application of this Directive as defined in","Article 2.",""],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"493","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-192","location":[[" Proposal for a directive","Recital 41"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:16"},"new":["(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 individuals","from different Member States."],"old":["(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","from different Member States."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"192","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-494","location":[["Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:17"},"new":["2. No later than three years after the","entry into force of this Directive, the","Commission shall assess whether the rules","on air and rail passenger rights offer a level","of protection of the rights of consumers","comparable to that provided for under this","Directive. Where that is the case, the","Commission intends to make appropriate","proposals, which may consist in particular","in removing the acts referred to in points","10 and 15 of Annex I from the scope of","application of this Directive as defined in","Article 2."],"old":["2. No later than one year after the","entry into force of this Directive, the","Commission shall assess whether the rules","on air and rail passenger rights offer a level","of protection of the rights of consumers","comparable to that provided for under this","Directive. Where that is the case, the","Commission intends to make appropriate","proposals, which may consist in particular","","in removing the acts referred to in points","10 and 15 of Annex I from the scope of","application of this Directive as defined in","Article 2."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"494","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-193","location":[[" Proposal for a directive","Recital 41"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:16"},"new":["(Does not affect the English version.)"],"old":["(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","from different Member States."],"orig_lang":"fr","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"193","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-495","location":[[" Proposal for a directive","Article 18 a (new)"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:17"},"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."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"495","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-194","location":[["Proposal for a directive","Recital 41 a (new)"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:16"},"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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"194","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-496","location":[[" Proposal for a directive","Annex I"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:17"},"new":["deleted"],"old":["[...]"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"496","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-195","location":[["Proposal for a directive","Recital 42"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:16"},"new":["(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","with those rights and principles, especially","those related to ensuring a high level of","consumer protection and the right to","conduct a business, the right to an","effective remedy and to a fair trial, as well","as the right of defence."],"old":["(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","","with those rights and principles, including","those related to the right to an effective","remedy and to a fair trial, as well as the","right of defence."],"orig_lang":"ro","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"195","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-497","justification":"Despite its 'Better Regulation' agenda and the REFIT program, the European Commission did\nnot make an impact assessment to determine whether there is need for additional protection\nof consumer interests for each of the listed legislative measures in Annex I. Moreover, it\ngenerates a situation of legal uncertainty as the proposed directive overlaps with specific EU\nand national law, with unknown effects on other fields of law. Eventually, the listed\ninstruments have completely different objectives. There are:(a) legislation that does not offer\nindividual rights to consumers (e.g. Solvency II Directive), (b) legislation that can be hardly\napplied to representative actions (e.g. ADR-Directive),(c) legislation that targets individual\ninterest such as the 'Product Liability Directive' (85/374/EEC). Thereby, it does not prohibit\ncertain behaviour but describes cases, in which compensation must be paid to individual\nconsumers for damages by a defective product (= no direct infringement). In addition, it\ndemands that the individual consumer needs to show its specific personal injury / property\ndamage due to the defect. Since there are almost no identical cases, it is hard to understand\nhow a representative action under 85/374/EEC can protect the \u201ccollective interest of\nconsumers\u201d,(d) legislation of very specific and little-harmonised sectors such as health.","location":[["Proposal for a directive","Annex I \u2013 subheading 1"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:17"},"new":["LIST OF PROVISIONS OF CONSUMER","UNION LAW REFERRED TO IN","ARTICLE 2(1)"],"old":["LIST OF PROVISIONS OF UNION LAW","REFERRED TO IN ARTICLE 2(1)"],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"497","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-196","location":[[" Proposal for a directive","Recital 44"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:17"},"new":["(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."],"old":["(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 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"196","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-498","justification":" Therefore, I propose to only add those legislative acts that are also listed in the Annex of the\n CPC Regulation as this legislative act covers the core of consumer protection law. For the\n CPC Regulation, the Commission made proper impact assessments for all acts listed in its\n ANNEX and it has checked that each act has a proper legal base to sue in front of courts for\n the respective right. As a matter of principle, I find it very strange that the CPC ANNEX to\n which everyone agreed just a year ago and for which a proper impact assessment was\n undertaken needs to be extended so strongly so shortly after.","location":[["Proposal for a directive","Annex I \u2013 point 1"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:17"},"new":["deleted"],"old":["(1) 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. 29 \u201333)37 .","_________________","37","The said Directive was amended by","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. 20 - 21)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"498","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-197","meps":[125012],"meta":{"created":"2019-07-03T06:52:17"},"new":["(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."],"old":["(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 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."],"orig_lang":"ro","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"197","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-499","justification":"Not listed in the Annex of the CPC Regulation. See also justification for ANNEX I -\nsubheading 1 and ANNEX I - point 1.","location":[[" Proposal for a directive","Annex I \u2013 point 7"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:17"},"new":["deleted"],"old":["(7) Directive 2002/22/EC of the","European Parliament and of the Council","of 7 March 2002 on universal service and","users' rights relating to electronic","communications networks and services","(Universal Service Directive) (OJ L 108,","24.4.2002, p. 51\u201377)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"499","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Gilles Lebreton on behalf of the ENF Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-198","location":[["Proposal for a directive","Recital 44"]],"meps":[124738],"meta":{"created":"2019-07-03T06:52:17"},"new":["(Does not affect the English version.)"],"old":["(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 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."],"orig_lang":"fr","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"198","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-500","justification":"See justification for Article 18 (2)","location":[["Proposal for a directive","Annex I \u2013 point 10"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:17"},"new":["deleted"],"old":["(10) 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. 1)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"500","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-199","location":[[" Proposal for a directive","Recital 44"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:17"},"new":["(44) The objectives of this Directive,","namely establishing a representative action","mechanism for the protection of collective","interests in order to protect public interest","and ensure a high level of 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."],"old":["(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 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"199","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-501","justification":" Not listed in the Annex of the CPC Regulation. See also justification for ANNEX I -\n subheading 1 and ANNEX I - point 1.","location":[["Proposal for a directive","Annex I \u2013 point 13"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:17"},"new":["deleted"],"old":["(13) Directive 2006/114/EC of the","European Parliament and of the Council","of 12 December 2006 concerning","misleading and comparative advertising","(OJ L 376, 27.12.2006, p. 21): Article 1,","point (c) of Article 2 and Articles 4 to 8."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"501","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-200","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:17"},"new":["1. This Directive sets out rules","enabling qualified entities to seek","representative actions aimed at the","protection of the collective interests of","individuals and thereby in particular","achieve and enforce a high level of","protection and access to justice, while","ensuring appropriate safeguards to avoid","abusive litigation."],"old":["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 to avoid abusive litigation."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"200","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-502","justification":" See justification for Article 18 (2)","location":[[" Proposal for a directive","Annex I \u2013 point 15"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:17"},"new":["deleted"],"old":["(15) Regulation (EC) No 1371/2007 of","the European Parliament and of the","Council of 23 October 2007 on rail","passengers\u2019 rights and obligations (OJ L","315, 3.12.2007, p. 14)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"502","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Stefano Maullu","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-201","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[133326],"meta":{"created":"2019-07-03T06:52:17"},"new":["1. 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Besides using the same legal\n base, the proposal has also the same purpose (= strengthening the legal means of consumers)\n and uses the same terminology. Nevertheless, with its current wording it would be the only of\n these EU-legislations that can be also applied to purely domestic consumer cases without any\n\nEuropean dimension. This logical mistake would disturb the whole European consumer\nprotection law, causing overlapping legislation, enabling \u2018Forum Shopping\u2019 and leading to\ncomplicating class action for consumers, qualified entities, courts and administrative\nauthorities. This would severely worsen the protection of consumers across Europe.\nTherefore, this proposal must be limited to cross-border cases only, since the respective\nnational system is already applied for domestic cases. This crucial change would allow\nMember States to keep their specific national system for all of their domestic cases.\nScandinavian countries could - for instance - continue to use their Ombudsman system for\ntheir domestic cases without an overlapping, interfering European collective redress system.","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[96761,98341,124726,96705,28224],"meta":{"created":"2019-07-03T06:52:18"},"new":["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 cross-border infringements,","including where those infringements have","ceased before the representative action has","started or before the representative action","has been concluded."],"old":["1. 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See also justification for ANNEX I -\n subheading 1 and ANNEX I - point 1.","location":[[" Proposal for a directive","Annex I \u2013 point 49"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:19"},"new":["deleted"],"old":["(49) Regulation (EU) 2015/760 of the","European Parliament and of the Council","of 29 April 2015 on European long-term","investment funds (OJ L 123, 19.5.2015, p.","98\u2013121)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"526","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-221","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:18"},"new":["2. This Directive shall not affect rules","establishing contractual and non-","contractual remedies available for such","infringements under Union or national law."],"old":["2. This Directive shall not affect rules","establishing contractual and non-","contractual remedies available to","consumers for such infringements under","Union or national law."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"221","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-527","justification":"Not listed in the Annex of the CPC Regulation. See also justification for ANNEX I -\nsubheading 1 and ANNEX I - point 1.","location":[["Proposal for a directive","Annex I \u2013 point 50"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:19"},"new":["deleted"],"old":["(50) Directive (EU) 2015/2366 of the","European Parliament and of the Council","of 25 November 2015 on payment services","in the internal market, amending","Directives 2002/65/EC, 2009/110/EC and","2013/36/EU and Regulation (EU) No","1093/2010, and repealing Directive","2007/64/EC (OJ L 337, 23.12.2015, p. 35\u2013","127)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"527","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual,","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-528","justification":" Not listed in the Annex of the CPC Regulation. See also justification for ANNEX I -\n subheading 1 and ANNEX I - point 1.","location":[["Proposal for a directive","Annex I \u2013 point 51"]],"meps":[96761,98341,124726,28390,96705,28393],"meta":{"created":"2019-07-03T06:52:19"},"new":["deleted"],"old":["(51) Regulation (EU) 2015/2120 of the","European Parliament and of the Council","of 25 November 2015 laying down","measures concerning open internet access","and amending Directive 2002/22/EC on","universal service and users\u2019 rights","relating to electronic communications","networks and services and Regulation","(EU) No 531/2012 on roaming on public","mobile communications networks within","the Union (OJ L 310, 26.11.2015, p. 1\u2013","18)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"528","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Bendt Bendtsen, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-222","justification":"As the JURI committee study clearly underlines, the relation of this proposal to Brussels1a\nRegulation and ROME 1 is highly problematic. In cross-border cases with multiple\nconsumers or representative entities from multiple Member States pursuing claims against\nmultiple entities under multiple different national laws, it is not clear at all which place of\njurisdiction should be chosen. One possible result is that, for a widespread infringement, all\nMember States could have jurisdiction simultaneously. This could lead to multiple\noverlapping claims, parallel litigation and a risk of irreconcilable decisions. This problem\nhas to be solved before this proposal can come into effect. Brussels 1a indicated that the\ndomicile of the Defendant should determine jurisdiction in most cases. There are some\nexceptions, though these exceptions are ill-suited to collective cases, and so these exceptions\nshould not apply when the mechanisms of this Directive are being used. In particular,\nBrussels 1a allows an individual consumer to sue in his/her place of residence. However, this\nexists to redress a perceived imbalance of power (consumer-v- Defendant) which does not\nexist when cases are taken not by individual consumers, but by qualified entities.","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 3"]],"meps":[96761,98341,124726,96705,28224],"meta":{"created":"2019-07-03T06:52:18"},"new":["3. Pursuant to Article 4(1) of","Regulation (EU) No 1215/2012 of the","European Parliament and of the Council","of 12 December 2012 on jurisdiction and","the recognition and enforcement of","judgments in civil and commercial","matters, for actions taken pursuant to this","Directive, traders domiciled in a Member","State shall, wherever the infringement","took place, be sued in the courts of that","Member State."],"old":["3. This Directive is without prejudice","to the Union rules on private","international law, in particular rules","related to court jurisdiction and applicable","law."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"222","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual,","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-529","justification":" Not listed in the Annex of the CPC Regulation. See also justification for ANNEX I - title and\n ANNEX I - subheading 1.","location":[[" Proposal for a directive","Annex I \u2013 point 52"]],"meps":[96761,98341,124726,28390,96705,28393],"meta":{"created":"2019-07-03T06:52:20"},"new":["deleted"],"old":["(52) Directive (EU) 2016/97 of the","European Parliament and of the Council","of 20 January 2016 on insurance","distribution (recast) (OJ L 26, 2.2.2016, p.","19\u201359)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"529","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Kostas Chrysogonos, Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-223","location":[["Proposal for a directive","Article 2 \u2013 paragraph 3 a (new)"]],"meps":[125061,23704],"meta":{"created":"2019-07-03T06:52:18"},"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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"223","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-530","justification":"Not listed in the Annex of the CPC Regulation. See also justification for ANNEX I -\nsubheading 1 and ANNEX I - point 1. Moreover the GDPR\u2019s inclusion to the proposal\u2019s scope\nis particularly concerning, as it may only serve to undermine and confuse the GDPR\u2019s\napplication. The GDPR does not only offer regulators greater powers to both enforce and\nclarify data protection rights, it already introduces the use of representative bodies to\nexercise those rights. Certain GDPR-provisions cannot effectively be enforced on behalf of\ncollective interests, as certain claims are clearly targeted at individual interests. Those will\nrequire specific pleading to their facts and cannot be remedied by any aggregate model of\ndamages. For instance, emotional distress is a common ground to launch claims under\nGDPR. Because these rights are of utmost importance, the determination of compensation\nshould be driven by a careful individual analysis of the claim and the actual loss suffered by\nthe consumers. Therefore, it would be beneficial from a legal certainty perspective to both\nbusinesses and consumers, if data protection authorities (DPAs) continue to the lead the\nenforcement priorities and objectives in this area. Lastly, further clarity is needed as to how\nArticle 80 GDPR interrelates with the proposal.","location":[[" Proposal for a directive","Annex I \u2013 point 53"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:20"},"new":["deleted"],"old":["(53) 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) (OJ L 119,","4.5.2016, p. 1\u201388)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"530","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-224","location":[["Proposal for a directive","Article 2 \u2013 paragraph 3 a (new)"]],"meta":{"created":"2019-07-03T06:52:18"},"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."],"old":[""],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"224","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-531","justification":"Not listed in the Annex of the CPC Regulation. See also justification for ANNEX I -\nsubheading 1 and ANNEX I - point 1.","location":[["Proposal for a directive","Annex I \u2013 point 54"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:20"},"new":["deleted"],"old":["(54) Directive (EU) 2016/2341 of the","European Parliament and of the Council","of 14 December 2016 on the activities and","supervision of institutions for","occupational retirement provision","(IORPs) (OJ L 354, 23.12.2016, p. 37\u201385)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"531","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-225","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point 1"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:18"},"new":["(1) \u2018individual\u2019 means any natural","person;"],"old":["(1) \u2018consumer\u2019 means any natural","person who is acting for purposes which","are outside their trade, business, craft or","profession;"],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"225","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Enrico Gasbarra, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-226","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point 1 a (new)"]],"meps":[124776,1849,103845,185619,124817,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:18"},"new":["(1a) \u2018citizen\u2019 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"226","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-532","justification":" Not listed in the Annex of the CPC Regulation. See also justification for ANNEX I -\n subheading 1 and ANNEX I - point 1.","location":[[" Proposal for a directive","Annex I \u2013 point 56"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:20"},"new":["deleted"],"old":["(56) Regulation (EU) 2017/1129 of the","European Parliament and of the Council","of 14 June 2017 on the prospectus to be","published when securities are offered to","the public or admitted to trading on a","regulated market, and repealing Directive","2003/71/EC (OJ L 168, 30.6.2017, p. 12\u2013","82)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"532","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Kostas Chrysogonos, Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-227","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point 1 a (new)"]],"meps":[125061,23704],"meta":{"created":"2019-07-03T06:52:18"},"new":["(1a) \u2018consumer organisation\u2019 means","any group that seeks to protect","consumers' interests from illegal acts or","omissions committed by traders."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"227","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-533","justification":" Not listed in the Annex of the CPC Regulation. See also justification for ANNEX I -\n subheading 1 and ANNEX I - point 1.","location":[[" Proposal for a directive","Annex I \u2013 point 57"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:20"},"new":["deleted"],"old":["(57) Regulation (EU) 2017/1131 of the","European Parliament and of the Council","of 14 June 2017 on money market funds","(OJ L 169, 30.6.2017, p. 8\u201345)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"533","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-534","justification":"Not listed in the Annex of the CPC Regulation. See also justification for ANNEX I -\nsubheading 1 and ANNEX I - point 1.","location":[["Proposal for a directive","Annex I \u2013 point 58"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:20"},"new":["deleted"],"old":["(58) Regulation (EU) 2017/1369 of the","European Parliament and of the Council","of 4 July 2017 setting a framework for","energy labelling and repealing Directive","2010/30/EU (OJ L 198, 28.7.2017, p. 1\u2013","23)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"534","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-228","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point 2"]],"meta":{"created":"2019-07-03T06:52:18"},"new":["(2) \u2018trader\u2019 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;"],"old":["(2) \u2018trader\u2019 means any natural person","or any legal person, irrespective of whether","privately or publicly owned, who is acting,","including through any other person acting","in their name or on their behalf, for","purposes relating to their trade, business,","craft or profession;"],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"228","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Pilar del Castillo Vera, Bendt Bendtsen, Luis de Grandes Pascual, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.456-535","justification":" Not listed in the Annex of the CPC Regulation. See also justification for ANNEX I -\n subheading 1 and ANNEX I - point 1.","location":[["Proposal for a directive","Annex I \u2013 point 59"]],"meps":[96761,98341,124726,28390,96705,28393,28224],"meta":{"created":"2019-07-03T06:52:20"},"new":["deleted"],"old":["(59) Regulation (EU) 2018/302 of the","European Parliament and of the Council","of 28 February 2018 on addressing","unjustified geo-blocking and other forms","of discrimination based on customers'","nationality, place of residence or place of","establishment within the internal market","and amending Regulations (EC) No","2006/2004 and (EU) 2017/2394 and","Directive 2009/22/EC (OJ L 60,","02.03.2018, p. 1)."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"535","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Bendt Bendtsen, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-229","justification":" The term \u201ccollective interests of consumers\u201d is not defined in the article or in the related\n recitals. A narrow understanding would mean that a case of 2 consumers is already covered\n by this directive - no matter if their interest are the same, are different or are even opposing\n each other. This would lead to overburdening the courts and make it almost impossible for the\n court to determine whether a 'collective interest' exists and if it is harmed. A clear definition\n in Nr 3 and Nr 3a (new) with strict requirements (see also Article 4a) is therefore very much\n needed in order to effectively enforce consumer rights. To ensure that the infringement was\n occurring multiple times, does adversely affect the interest of consumers and bearing in mind\n the negative effects of class action to the concerned company, at least 100 consumers in at\n least 2 Member States should be affected.","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point 3"]],"meps":[96761,98341,124726,96705,28224],"meta":{"created":"2019-07-03T06:52:19"},"new":["(3) \u2018collective interests of consumers\u2019","means the common interests of at least 100","consumers in at least two Member States;"],"old":["(3) \u2018collective interests of consumers\u2019","means the interests of a number of","consumers;"],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"229","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Kostas Chrysogonos, Ji\u0159\u00ed 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product","safety."],"orig_lang":"en","peid":"PE630.456v01-00","reference":"2018/0089(COD)","seq":"537","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630456_EN.pdf"},{"authors":" Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-231","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point 3"]],"meta":{"created":"2019-07-03T06:52:19"},"new":["(3) \u2018collective interests of consumers\u2019","means the general interests of consumers","independent of the number of consumers","concerned by the case in question;"],"old":["(3) \u2018collective interests of consumers\u2019","means the interests of a number of","consumers;"],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"231","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Kostas Chrysogonos, Ji\u0159\u00ed 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Naturally,\n those actors would mainly represent their own interests and would try to maximise their\n interests. To this end, the representative action would be just a useful means - those actors\n may not be interested in the collective interest of consumers at all. Even scenarios such as\n politically or commercially motivated cases or attacks from non-European enterprises or non-\n European states are thinkable with the current criteria. The proposed changes guarantee that\n only entities that genuinely represent the interest of consumers - and not their own interest -\n may pursue damages claims. Moreover, they determine that only those, which have the\n capacity, knowledge, experience, ability and the governance to effectively help consumers,\n have the right to take representative actions. 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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)."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"322","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Axel Voss, Eva Maydell, Henna Virkkunen, Bendt Bendtsen, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-323","justification":" To avoid overlaps with paragraph 2, it also needs to be clarified that paragraph 3 is not\n another form of injunction, but is a declaratory order based on a prior final decision based\n on Article 5(2b).","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[96761,98341,124726,96705,28224],"meta":{"created":"2019-07-03T06:52:25"},"new":["3. Member States shall ensure that","qualified entities are entitled to bring","representative actions seeking a","declaratory decision regarding the","liability of the trader towards the","consumers harmed by an infringement of","Union law listed in Annex I 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, after the adoption of a final","injunction order referred to in paragraph","(2)(b)."],"old":["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 listed in Annex","I harming collective interests of","consumers, including a final injunction","order referred to in paragraph (2)(b)."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"323","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Laura Ferrara, Marco Zullo","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-324","justification":" The judicial process to reach a final decision is often very long. That entails a risk that\n consumers may lose the evidence supporting their case and cease to have an interest in it.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[124833,125237],"meta":{"created":"2019-07-03T06:52:25"},"new":["3. Member States shall ensure that","qualified entities are entitled to bring","representative actions seeking measures","eliminating the continuing effects of the","infringement. In order to avoid prolonging","the procedures, these measures may also","be sought separately from measures whose","purpose is to establish 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)."],"old":["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 listed in Annex","I harming collective interests of","consumers, including a final injunction","order referred to in paragraph (2)(b)."],"orig_lang":"it","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"324","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Heidi Hautala, Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-325","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[2054,124816],"meta":{"created":"2019-07-03T06:52:25"},"new":["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 claim","establishing that a practice constitutes an","infringement of Union law as referred to","in article 2 of this Directive harming","collective interests of individuals,","including a final injunction order referred","to in paragraph (2)(b)."],"old":["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 listed in Annex","I harming collective interests of","consumers, including a final injunction","order referred to in paragraph (2)(b)."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"325","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-326","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meta":{"created":"2019-07-03T06:52:26"},"new":["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)."],"old":["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 listed in Annex","I harming collective interests of","consumers, including a final injunction","order referred to in paragraph (2)(b)."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"326","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-327","location":[["Proposal for a directive","Article 5 \u2013 paragraph 4"]],"meps":[124776,1849,103845,185619,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:26"},"new":["deleted"],"old":["4. Without prejudice to Article 4(4),","Member States shall ensure that qualified","entities 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"327","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-328","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 4"]],"meta":{"created":"2019-07-03T06:52:26"},"new":["deleted"],"old":["4. Without prejudice to Article 4(4),","Member States shall ensure that qualified","entities 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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"328","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-329","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 4 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T06:52:26"},"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."],"old":[""],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"329","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-330","location":[["Proposal for a directive","Article 5 \u2013 paragraph 4 a (new)"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:26"},"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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"330","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-331","location":[["Proposal for a directive","Article 5 \u2013 paragraph 4 a (new)"]],"meta":{"created":"2019-07-03T06:52:26"},"new":["4a. Member States shall ensure that","the \u2018loser pays principle\u2019 applies also for","all types of representative actions."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"331","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Jens Rohde, Ant\u00f3nio Marinho e Pinto, Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-332","location":[[" Proposal for a directive","Article 5 a (new)"]],"meps":[96710,124742,28206],"meta":{"created":"2019-07-03T06:52:26"},"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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"332","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Stefano Maullu","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-333","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[133326],"meta":{"created":"2019-07-03T06:52:26"},"new":["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."],"old":["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.",""],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"333","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Mady Delvaux, Sylvia-Yvonne Kaufmann, Virginie Rozi\u00e8re, Tiemo W\u00f6lken, Evelyn Regner, Sergio Gaetano Cofferati, Jytte Guteland, Evelyne Gebhardt","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-334","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[124776,1849,103845,185619,96998,96915,124991,1913],"meta":{"created":"2019-07-03T06:52:26"},"new":["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 or","citizens concerned. If a Member State does","not require a mandate of the individual","consumer to join the representative","action, this Member State shall","nevertheless allow those individuals who","are not habitually resident in the Member","State where the action occurs, to","participate in the representative action, in","case they expressed their willingness to be","part of the representative action within","the applicable time limit."],"old":["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.",""],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"334","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Axel Voss, Eva Maydell, Henna Virkkunen, Bendt Bendtsen, Markus Pieper","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-335","justification":" In line with the 2013 Recommendation and in order to assure that the claim is justified,\n qualified entities always need to obtain the specific and exclusive mandates of all involved\n consumers before they start with representative actions (opt-in-principle). Otherwise, the\n defendant would have no chance to assess the possible payments and the number of involved\n consumer, while he is also unable to fulfil certain duties (e.g. Information duties based on Art.\n 9). The consumer, at the same time, could be involved in a representative action with personal\n legal consequences without or against his will and without direct and independent access to\n the court. So far, the proposed paragraph violates the right of a fair trial (consumer+trader),\n the right to be heard (consumer) as well as the principle of party disposition\n (consumer+trader), i.e. Article 41 Charter of Fundamental Rights of the European Union.\n Not only has the European Commission abandoned this crucial principle, it has proposed to\n\nmake it a legal requirement for Member States not to follow it. There is no similar system in\nthe EU, in the US or in any other developed country in the world. As a result of the proposed\nArticle 6 by the Commission, Many Member States would be forced to change their current\nlegal praxis.","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[96761,98341,124726,96705,28224],"meta":{"created":"2019-07-03T06:52:26"},"new":["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. In all such cases Member","States shall require the specific and","exclusive mandate of at least 100","individual consumers concerned in at least","2 Member States before an action seeking","a redress order may be initiated, and","others joining the action may do so only","upon presentation of an exclusive","mandate, and up to the point of the first","hearing of the substantive issue at the","latest."],"old":["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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"335","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-336","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meta":{"created":"2019-07-03T06:52:26"},"new":["For the purposes of Article 5(3), Member","States shall ensure that certain qualified","and supervised entities (redress 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. The CPC entity in each","Member State shall be entitled as the sole","unit in each Member State to initiate these","actions, as well as the European","Commission in its role as CPC entity","pursuant to Art. 17(3) and (4) of the CPC","Regulation for cases of widespread","infringements with a Union dimension."],"old":["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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"336","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-337","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[125012],"meta":{"created":"2019-07-03T06:52:26"},"new":["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."],"old":["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."],"orig_lang":"ro","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"337","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Kostas Chrysogonos, Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-338","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[125061,23704],"meta":{"created":"2019-07-03T06:52:26"},"new":["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 shall require in principle the mandate","of the individual consumers concerned in","order to file a representative action. Any","exception to this principle should be duly","justified."],"old":["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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"338","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"},{"authors":" Julia Reda, Heidi Hautala on behalf of the Verts/ALE Group","changes":{},"committee":["JURI"],"date":"2018-11-08T00:00:00","id":"PE630.422-339","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1 \u2013 subparagraph 1"]],"meps":[124816,2054],"meta":{"created":"2019-07-03T06:52:27"},"new":["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 material or","non-material damage, which obligates the","trader to provide for, as appropriate, inter","alia, compensation, repair, replacement,","price reduction, contract termination or","reimbursement of the price paid in case of","consumers, compensation or","reinstatement after unlawful dismissals in","case of workers, or compensation or","repair of the damage causes in case of","environmental damage or violation of","fundamental rights."],"old":["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."],"orig_lang":"en","peid":"PE630.422v01-00","reference":"2018/0089(COD)","seq":"339","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-630422_EN.pdf"}],"changes":{"2018-04-25T04:19:22":[{"data":[{"body":"EC","commission":[],"date":"2018-04-11T00:00:00","docs":[{"celexid":"CELEX:52018PC0184:EN","title":"COM(2018)0184","type":"Legislative proposal published","url":"http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0184/COM_COM(2018)0184_EN.pdf"}],"type":"Legislative proposal published"}],"path":["activities"],"type":"added"},{"data":[],"path":["other"],"type":"added"},{"data":[{"body":"EP","committee":"IMCO","committee_full":"Internal Market and Consumer Protection","responsible":false},{"body":"EP","committee":"JURI","committee_full":"Legal Affairs","responsible":true}],"path":["committees"],"type":"added"},{"data":{},"path":["links"],"type":"added"},{"data":{"instrument":"Directive","legal_basis":["Treaty on the Functioning of the EU TFEU 114"],"reference":"2018/0089(COD)","stage_reached":"Preparatory phase in Parliament","subject":["4.60.06 Consumers' economic and legal interests","7.40.02 Judicial cooperation in civil and commercial matters"],"subtype":"Legislation","summary":["Repealing Directive 2009/22/EC"],"title":"Representative actions for the protection of the collective interests of consumers","type":"COD - Ordinary legislative procedure (ex-codecision procedure)"},"path":["procedure"],"type":"added"}],"2018-04-27T04:39:33":[{"data":{"Commissioner":"JOUROV\u00c1 V\u011bra","DG":{"title":"Justice and Consumers","url":"http://ec.europa.eu/info/departments/justice-and-consumers_en"}},"path":["activities",0,"commission",0],"type":"added"},{"data":{"body":"EC","commissioner":"JOUROV\u00c1 V\u011bra","dg":{"title":"Justice and Consumers","url":"http://ec.europa.eu/info/departments/justice-and-consumers_en"}},"path":["other",0],"type":"added"}],"2018-09-12T15:25:45":[{"data":["
PURPOSE: to improve instruments to put an end to\nunlawful practices and facilitate remedies when a large number of\nthem are victims of the same infringement of their rights, as part\nof a mass injury.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: the fitness check of EU consumer and\nmarketing law, which also covers Directive\n2009/22/EC of the European Parliament and of the Council on\ninjunctions for the protection of consumers' interests,\ndemonstrated that the risk of infringements of Union law affecting\nthe collective interests of consumers is increasing due to\neconomic globalisation and digitalisation. In view of the increase\nin cross-border trade, it is increasingly common for such\ninfringements to affect consumers in several Member\nStates.
\nThe absence of an EU-wide collective redress\nmechanism is of particular practical\nrelevance to consumer protection, as shown by concrete cases,\nincluding the diesel emissions case.
\nIn its resolution\nof 2 February 2012, the European Parliament stressed the need\nfor a horizontal EU approach to collective redress focusing on\nbreaches of consumer rights, based on a common set of principles\nrespecting national legal traditions and providing safeguards\nagainst abusive litigation.
\nIn this context, this proposal aims to modernise\nand replace Directive 2009/22/EC on injunctions. It is\npresented together with the proposal\non targeted amendments to four EU consumer law Directives as part\nof the \"New Deal for Consumers\".
\nIMPACT ASSESSMENT: the option chosen is to tighten the\nrules on sanctions, to improve the efficiency of the injunction\nprocedure and to add other measures concerning collective redress\nfor consumers. Stronger mechanisms for collective redress would\nensure a higher level of consumer protection in mass harm\nsituations and reduce consumer detriment. As concerns efficiency,\nall options could lead to initial familiarisation costs, but also\nto savings for compliant traders.
\nCONTENT: the new Directive replacing Directive\n2009/22/EC would aim to ensure that \"qualified entities\" - for\nexample consumer organisations may seek representative\nactions to protect the collective interests of\nconsumers.
\nFor example, in a Dieselgate-type scenario, victims of\nunfair commercial practices, such as misleading advertising by car\nmanufacturers, will be able to obtain remedies collectively through\na representative action under this proposal. Such collective\nredress was previously not provided under Union law.
\nThe proposed new Directive:
\nPURPOSE: to improve instruments to put an end to\nunlawful practices and facilitate remedies when a large number of\nthem are victims of the same infringement of their rights, as part\nof a mass injury.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: the fitness check of EU consumer and\nmarketing law, which also covers Directive\n2009/22/EC of the European Parliament and of the Council on\ninjunctions for the protection of consumers' interests,\ndemonstrated that the risk of infringements of Union law affecting\nthe collective interests of consumers is increasing due to\neconomic globalisation and digitalisation. In view of the increase\nin cross-border trade, it is increasingly common for such\ninfringements to affect consumers in several Member\nStates.
\nThe absence of an EU-wide collective redress\nmechanism is of particular practical\nrelevance to consumer protection, as shown by concrete cases,\nincluding the diesel emissions case.
\nIn its resolution\nof 2 February 2012, the European Parliament stressed the need\nfor a horizontal EU approach to collective redress focusing on\nbreaches of consumer rights, based on a common set of principles\nrespecting national legal traditions and providing safeguards\nagainst abusive litigation.
\nIn this context, this proposal aims to modernise\nand replace Directive 2009/22/EC on injunctions. It is\npresented together with the proposal\non targeted amendments to four EU consumer law Directives as part\nof the \"New Deal for Consumers\".
\nIMPACT ASSESSMENT: the option chosen is to tighten the\nrules on sanctions, to improve the efficiency of the injunction\nprocedure and to add other measures concerning collective redress\nfor consumers. Stronger mechanisms for collective redress would\nensure a higher level of consumer protection in mass harm\nsituations and reduce consumer detriment. As concerns efficiency,\nall options could lead to initial familiarisation costs, but also\nto savings for compliant traders.
\nCONTENT: the new Directive replacing Directive\n2009/22/EC would aim to ensure that \"qualified entities\" - for\nexample consumer organisations may seek representative\nactions to protect the collective interests of\nconsumers.
\nFor example, in a Dieselgate-type scenario, victims of\nunfair commercial practices, such as misleading advertising by car\nmanufacturers, will be able to obtain remedies collectively through\na representative action under this proposal. Such collective\nredress was previously not provided under Union law.
\nThe proposed new Directive:
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