5 Amendments of Ildikó GÁLL-PELCZ related to 2011/0373(COD)
Amendment 271 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
(3a) The Member States may permit the ADR entities to introduce or maintain procedural rules which enable them to refuse to resolve a given dispute if the consumer did not contact the trader directly with a view to resolving the dispute before he approached the ADR entity, or if the complaint is unfounded, if a procedure is already pending before another ADR entity or any court in connection with the dispute, or if conducting such a procedure would in any other way seriously impair the ADR entity’s operational effectiveness. Such procedural rules may not make it significantly harder, even in cross-border disputes, for the consumer to access ADR procedures.
Amendment 319 #
Proposal for a directive
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
d) the dispute is resolved within 90 days from the date on which the ADR entity has received the complaint. In the caseevent of complex disputes, or any other reasonable grounds the ADR entity may extend this time period by 60 days.
Amendment 361 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
(1) Member States shall ensure that traders established on their territories inform consumers about the ADR entities by which they are covered and which are competent to deal with potential disputes between themselves and consumers. Such information shall include the addresses of the relevant ADR entities' websites and specify whether or not the trader commits to use these entities to resolve disputes with consumers. The information shall at any event include the addresses and websites of the relevant ADR entities.
Amendment 373 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
The Commission and the Member States shall ensure appropriate disclosure of information as to how consumers may access the ADR procedure in the event of contractual disputes as referred to in Article 2(1) in relation to a particular trader.
Amendment 401 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
No later than [Office of Publications insert date: five years after the entry into force], and every three years thereafter, the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Directive. The report shall consider the development and the use of ADR entities and the impact of this Directive on consumers and traders. The report shall be accompanied, where approprinclude in particular provisions relating to the scope of the directive, and consider the need to extend the scope to legal disputes initiate,d by traders against consumers. In that case proposals for amendment of this Directive shall be attached to the report.