Activities of Mady DELVAUX related to 2018/0089(COD)
Plenary speeches (1)
Representative actions for the protection of the collective interests of consumers (debate) FR
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC PDF (1 MB) DOC (186 KB)
Amendments (126)
Amendment 42 #
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress for the economic and non-economic damages, such as compensation, repair or price reduction as available under national laws.
Amendment 47 #
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers or citizens, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress for the economic and non-economic damage, such as compensation, repair or price reduction as available under national laws.
Amendment 52 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2009/22/EC of the European Parliament and of the Council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of Union law harmful to the collective interests of consumers. However, that Directive did not sufficiently address the challenges for the enforcement of consumerUnion law. To improve the deterrence of unlawful practices and to reduce consumer or citizen detriment, it is necessary to strengthen the mechanism for protection of collective interests of consumers or citizens. Given the numerous changes, for the sake of clarity it is appropriate to replace Directive 2009/22/EC.
Amendment 55 #
Proposal for a directive
Recital 7
Recital 7
Amendment 55 #
Proposal for a directive
Recital 3
Recital 3
(3) A representative action should offer an effective and efficient way of protecting the collective interests of consumers or citizens. It should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of Union law and to overcome the obstacles faced by consumers or citizens within individual actions, such as the uncertainty about their rights and available procedural mechanisms, psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action.
Amendment 57 #
Proposal for a directive
Recital 4
Recital 4
(4) It is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the Single Market. To prevent the misuse of representative actions, elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed consumers 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.
Amendment 61 #
Proposal for a directive
Recital 5
Recital 5
(5) Infringements that affect the collective interests of consumers or citizens often have cross-border implications. More effective and efficient representative actions available across the Union should boost consumer confidence in the internal market and empower consumers to exercise their rights. Moreover, it should enhance the efficiency of the Member States’ justice systems.
Amendment 66 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, energy, telecommunications, competition and environment. ItTherefore, 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.
Amendment 67 #
Proposal for a directive
Recital 13
Recital 13
(13) To increase the procedural effectiveness of representative actions, qualified entities should have the possibility to seek different measures within a single representative action or within separate representative actions. These measures should include interim measures for stopping an ongoing practice or prohibiting a practice in case the practice has not been carried out but there is a risk that it would cause serious or irreversible harm to consumers, measures establishing that a given practice constitutes an infringement of law and, if necessary, stopping or prohibiting the practice for the future, as well as measures eliminating the continuing effects of the infringement, 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.
Amendment 72 #
Proposal for a directive
Recital 7
Recital 7
Amendment 76 #
Proposal for a directive
Recital 8
Recital 8
(8) Building on Directive 2009/22/EC, this Directive should cover both domestic and cross-border infringements, in particular when consumers or citizens concerned by an infringement live in one or several Member States other than the Member State where the infringing trader is established. It should also cover infringements which ceased before the representative action started or concluded, since it may still be necessary to prevent the repetition of the practice, establish that a given practice constituted an infringement and facilitate consumer or citizen redress.
Amendment 79 #
Proposal for a directive
Recital 19
Recital 19
Amendment 79 #
Proposal for a directive
Recital 9
Recital 9
(9) This Directive should not establish rules of private international law regarding jurisdiction, the recognition and enforcement of judgments or applicable law. The existing Union law instruments apply to the representative actions set out by this Directive preventing any increase in forum shopping.
Amendment 86 #
Proposal for a directive
Recital 10
Recital 10
(10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers or citizens are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action.
Amendment 93 #
Proposal for a directive
Recital 11
Recital 11
(11) Independent public bodies and consumer, 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.
Amendment 95 #
Proposal for a directive
Recital 22
Recital 22
(22) Measures aimed at eliminating the continuing effects of the infringement may be sought only on the basis of a final decision, establishing an infringement of Union law covered by the scope of this Directive harming collective interest of consumers, including a final injunction order issued within the representative action. In particular. 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.
Amendment 95 #
Proposal for a directive
Recital 12
Recital 12
(12) Since both judicial and administrative procedures may effectively and efficiently serve the protection of the collective interests of consumers or citizens it is left to the discretion of the Member States whether the representative action can be brought in judicial or administrative proceedings, or both, depending on the relevant area of law or relevant economic sector. This shall be without prejudice to the right to an effective remedy under Article 47 of the Charter of Fundamental Rights of the European Union, whereby Member States shall ensure that consumers, citizens and businesses have the right to an effective remedy before a court or tribunal, against any administrative decision taken pursuant to national provisions implementing this Directive. This shall include the possibility for the parties to obtain a decision granting suspension of enforcement of the disputed decision, in accordance with national law.
Amendment 97 #
(13) To increase the procedural effectiveness of representative actions, qualified entities should have the possibility to seek different measures within a single representative action or within separate representative actions. These measures should include interim measures for stopping an ongoing practice or prohibiting a practice in case the practice has not been carried out but there is a risk that it would cause serious or irreversible harm to consumers, measures establishing that a given practice constitutes an infringement of law and, if necessary, stopping or prohibiting the practice for the future, 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.
Amendment 100 #
Proposal for a directive
Recital 14
Recital 14
(14) Injunction orders aim at the protection of the collective interests of consumers or citizens independently of any actual loss or damage suffered by individual consumers or citizens. Injunction orders may require traders to take specific action, such as providing consumers or citizens with the information previously omitted in violation of legal obligations. Decisions establishing that a practice constitutes an infringement should not depend on whether the practice was committed intentionally or by negligence.
Amendment 104 #
Proposal for a directive
Recital 15
Recital 15
(15) The qualified entity initiating the representative action under this Directive should be a party to the proceedings. Consumers or citizens concerned by the infringement should have adequate opportunities to benefit from the relevant outcomes of the representative action. Injunction orders issued under this Directive should be without prejudice to individual actions brought by consumers or citizens harmed by the practice subject to the injunction order.
Amendment 108 #
Proposal for a directive
Recital 17
Recital 17
(17) The compensation awarded to consumers or citizens harmed in a mass harm situation should not exceed the amount owed by the trader in accordance with the applicable national or Union Law in order to cover the actual harm suffered by them. In particular, punitive damages, leading to overcompensation in favour of the claimant party of the damage suffered, should be avoided.
Amendment 113 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of consumers 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.
Amendment 115 #
Proposal for a directive
Recital 19
Recital 19
Amendment 123 #
Proposal for a directive
Recital 20
Recital 20
(20) Where consumers or citizens concerned by the same practice are identifiable and they suffered comparable harm in relation to a period of time or a purchase, such as in the case of long-term consumer contracts, the court or administrative authority may clearly define the group of consumers or citizens concerned by the infringement in the course of the representative action. In particular, the court or administrative authority could ask the infringing trader to provide relevant information, such as the identity of the consumers or citizens concerned and the duration of the practice. For expediency and efficiency reasons, in these cases Member States in accordance with their national laws could consider to provide consumers or citizens with the possibility to directly benefit from a redress order after it was issued without being required to give their individual mandate before the redress order is issued.
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shallaims at minimum harmonisation and shall therefore not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national level.
Amendment 132 #
Proposal for a directive
Recital 21
Recital 21
(21) In low-value cases most consumers or citizens are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers or citizens, the aggregated loss may be significant. In such cases, a court or authority may consider that it is disproportionate to distribute the funds back to the consumers or citizens concerned, for example because it is too onerous or impracticable. Therefore the funds received as redress through representative actions would better serve the purposes of the protection of collective interests of consumers or citizens and should be directed to athis relevant public purpose, such as a consumer or citizens legal aid fund, awareness campaigns or consumer movements.
Amendment 137 #
Proposal for a directive
Recital 22
Recital 22
(22) Measures aimed at eliminating the continuing effects of the infringement may be sought only on the basis of a final decision, establishingfor 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 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.
Amendment 141 #
Proposal for a directive
Recital 24
Recital 24
(24) This Directive aims at a minimum harmonisation and does not replace existing national collective redress mechanisms. Taking into account their legal traditions, it leaves it to the discretion of the Member States whether to design the representative action set out by this Directive as a part of an existing or future collective redress mechanism or as an alternative to these mechanisms, insofar as the national mechanism complies with the modalities set by this Directive.
Amendment 147 #
Proposal for a directive
Recital 26
Recital 26
(26) Collective out-of-court settlements aimed at providing redress to harmed consumers or citizens should be encouraged both before the representative action is brought and at any stage of the representative action. This possibility should under no circumstances jeopardize the right to access to justice.
Amendment 150 #
Proposal for a directive
Recital 27
Recital 27
(27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers or citizens affected by an allegedly illegal 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.
Amendment 154 #
Proposal for a directive
Recital 28
Recital 28
(28) The court and administrative authority should have the power to invite the infringing trader and the qualified entity which brought the representative action to enter into negotiations aimed at reaching a settlement on redress to be provided to consumers or citizens concerned. The decision of whether to invite the parties to settle a dispute out-of- court should take into account the type of the infringement to which the action relates, the characteristics of the consumers or citizens concerned, the possible type of redress to be offered, the willingness of the parties to settle and the expediency of the procedure.
Amendment 157 #
Proposal for a directive
Recital 29
Recital 29
(29) In order to facilitate redress for individual consumers or citizens sought on the basis of final declaratory decisions regarding the liability of the trader towards the consumers harmed by an infringement issued within representative actions, the court or administrative authority that issued the decision should be empowered to request the qualified entity and the trader to reach a collective settlement.
Amendment 159 #
Proposal for a directive
Recital 30
Recital 30
(30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned. Individual consumers or citizens concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
Amendment 164 #
Proposal for a directive
Recital 31
Recital 31
(31) Ensuring that consumers or citizens are informed about a representative action is crucial for its success. Consumers or citizens should be informed of ongoing representative action, the fact that a trader's practice has been considered as a breach of law, their rights following the establishment of an infringement and any subsequent steps to be taken by consumers or citizens concerned, particularly for obtaining redress. The reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer or citizens’ rights.
Amendment 166 #
Proposal for a directive
Recital 32
Recital 32
(32) To be effective, the information should be adequate and proportional to the circumstances of the case. The infringing trader should adequately inform all consumers or citizens concerned of a final injunction and redress orders issued within the representative action as well as of a settlement approved by a court or administrative authority. Such information may be provided for instance on the trader's website, social media, online market places, or in popular newspapers, including those distributed exclusively by electronic means of communication. If possible, consumers or citizens should be informed individually through electronic or paper letters. This information should be provided in accessible formats for persons with disabilities upon request.
Amendment 175 #
Proposal for a directive
Recital 35
Recital 35
(35) Actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed consumers or citizens under this Directive should not be hindered by national rules on limitation periods. The submission of a representative action shall have the effect of suspending or interrupting the limitation periods for any redress actions for the consumers concerned by this action.
Amendment 180 #
Proposal for a directive
Recital 37
Recital 37
(37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumers or citizens concerned by an infringement, deciding on redress and adequately informing consumers or citizens concerned by a representative action about the ongoing proceedings and its final outcomes. However, business-to-consumer or business-to-citizens relationships are characterised by information asymmetry and the necessary information may be held exclusively by the trader, making it inaccessible to the qualified entity. Qualified entities should therefore be afforded the right to request to the competent court or administrative authority the disclosure by the trader of evidence relevant to their claim or needed for adequately informing consumers or citizens concerned about the representative action, without it being necessary for them to specify individual items of evidence. The need, scope and proportionality of such disclosure should be carefully assessed by the court or administrative authority overseeing the representative action having regard to the protection of legitimate interests of third parties and subject to the applicable Union and national rules on confidentiality.
Amendment 184 #
Proposal for a directive
Recital 39
Recital 39
(39) Having regard to the fact that representative actions pursue a public interest by protecting the collective interests of consumers or citizens, Member States should ensure that qualified entities are not prevented from bringing representative actions under this Directive because of the costs involved with the procedures.
Amendment 191 #
Proposal for a directive
Recital 41
Recital 41
(41) In order to effectively tackle infringements with cross-border implications the mutual recognition of the legal standing of qualified entities designated in advance in one Member State to seek representative action in another Member State should be ensured. Furthermore, qualified entities from different Member States should be able to join forces within a single representative action in front of a single forum, subject to relevant rules on competent jurisdiction. For reasons of efficiency and effectiveness, one qualified entity should be able to bring a representative action in the name of other qualified entities representing consumers or citizens from different Member States.
Amendment 196 #
Proposal for a directive
Recital 44
Recital 44
(44) The objectives of this Directive, namely establishing a representative action mechanism for the protection of the collective interests of consumers or citizens in order to ensure a high level of consumer or citizens protection across the Union and the proper functioning of the internal market, cannot be sufficiently achieved by actions taken exclusively by Member States, but can rather, due to cross-border implications of representative actions, be better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 197 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking redress measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of Union law listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b).
Amendment 202 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 202 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers or citizens, while ensuring appropriate safeguards to avoid abusive litigation.
Amendment 208 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shallaims at minimum harmonisation and shall therefore 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 or citizens at national level.
Amendment 210 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order for the economic and non-economic damages, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issuedredress 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.
Amendment 212 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law including those listed in Annex I that harm or may harm the collective interests of consumers or citizens. Such interests may consist in, but are not limited to, the enforcement of rules of consumer protection, competition, environment protection, protection of personal data, protection in energy and telecommunications markets, passenger rights, product and food safety and information, health and medical services, financial services and investor protection. It shall apply to domestic and cross-border infringements, including where those infringements have ceased before the representative action has started or before the representative action has been concluded.
Amendment 220 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not affect rules establishing contractual and non- contractual remedies available to consumers or citizens for such infringements under Union or national law.
Amendment 225 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 226 #
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1a) ‘citizen’ means any natural person holding the nationality of a Member State or habitually residing in a Member State in which the person concerned has the habitual centre of his interests.
Amendment 229 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 233 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective interests of consumers’ means the interests of a number oftwo or more consumers;
Amendment 235 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) ‘collective interests of citizens’ means the interests of two or more citizens;
Amendment 238 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Where consumers have suffered a small amount of loss and it would be disproportionate to distribute the redress to them, Member States shall ensure that the mandate of the individual consumers concerned is not required. The redress shall be directed to a public interest serving the collective interests of consumers. The same shall apply to any unclaimed or leftover funds.
Amendment 239 #
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘representative action’ means an action for the protection of the collective interests of consumers or citizens to which the consumers or citizens concerned are not parties;
Amendment 244 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 250 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. The unsuccessful party shall bear the costs of the proceedings. However, the court or tribunal shall not award costs to the unsuccessful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.
Amendment 251 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that in cases where a representative action for redress is funded by a third party, transparency as to the origin of the funds is ensured and that it is prohibited for the third party:
Amendment 256 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that courts and administrative authorities are empowered to assess the circumstances referred to in paragraph 2 and accordingly require the qualified entity to refuse the relevant funding and, if necessary, reject the standing of the qualified entity in a specific case.
Amendment 265 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) it has an organisational structure ensuring its independence from other entities or persons other than consumers or citizens who might have an interest in the outcome of the representative actions.
Amendment 267 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. The first paragraph does not prevent qualified entities from informing, from the beginning of the action, the individual consumers concerned, in order to ensure that they can come forward and that relevant documents and other information necessary for the action are kept.
Amendment 272 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c b (new)
Article 4 – paragraph 1 – subparagraph 2 – point c b (new)
(cb) it discloses publicly by any appropriate means, in particular on its website, in plain, intelligible language the information on the way it is financed, its organisational and management structure, its remuneration policy, its policy to promote gender balance, its objective and its working methods as well as its activities.
Amendment 277 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 290 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall take the necessary measures to ensure that procedural costs related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in Articles 5 and 6, such asin 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.
Amendment 290 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that in particular consumer organisations, environmental organisations, human rights organisations and independent public bodies are eligible for the status of qualified entity. Member States may designate as qualified entities consumer organisations, environmental organisations and human rights organisations that represent members from more than one Member State.
Amendment 299 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 300 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States may set out rules specifying which qualified entities may seek all of the measures referred to in Articles 5 and 6, and which qualified entities may seek only one or more of these measures. Member State shall ensure that a sufficient number of qualified entities can seek all measures referred to in article 5 and article 6.
Amendment 304 #
Proposal for a directive
Article 5 – title
Article 5 – title
Representative actions for the protection of the collective interests of consumers or citizens
Amendment 321 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking redress measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of Union law listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b).
Amendment 327 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 334 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order for the economic and non-economic damage, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued. 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.
Amendment 350 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 359 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 372 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. In cases where consumers or citizens have suffered a small amount of loss and it would be disproportionate to distribute the redress to them, Member States shall ensure that the mandate of the individual consumers or citizens concerned is not required. The redress shall be directed to a public interest serving the collective interests of consumers or citizens. The same shall apply to any unclaimed or leftover funds.
Amendment 383 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 393 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The unsuccessful party shall bear the costs of the proceedings. However, the court or tribunal shall not award costs to the unsuccessful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.
Amendment 396 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that in cases where a representative action for redress is funded by a third party, transparency as to the origin of the funds is established and that it is prohibited for the third party:
Amendment 407 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that courts and administrative authorities are empowered to assessssess the absence of conflict of interest and 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.
Amendment 426 #
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. IWithout 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.
Amendment 436 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers or citizens at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually.
Amendment 438 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Paragraph 1 does not prevent qualified entities from informing the individual consumers or citizens concerned already on beforehand in order to ensure that the relevant documents and other information necessary for the action are kept.
Amendment 441 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The information referred to in paragraph 1 shall include in intelligible language an explanation of the subject- matter of the representative action, its legal consequences and, if relevant, the subsequent steps to be taken by the consumers concernedor 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.
Amendment 447 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that an infringement harming collective interests of consumers or citizens established in a final decision of an administrative authority or a court, including a final injunction order referred to in Article 5(2)(b), is deemed as irrefutably establishing the existence of that infringement for the purposes of any other actions seeking redress before their national courts against the same trader for the same infringement.
Amendment 450 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 474 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall take the necessary measures to facilitate access to justice and shall ensure that procedural costs related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in Articles 5 and 6, such asin 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.
Amendment 491 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 537 #
Proposal for a directive
Annex I – point 59 a (new)
Annex I – point 59 a (new)
(59a) Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety.
Amendment 539 #
Proposal for a directive
Annex I – point 59 b (new)
Annex I – point 59 b (new)
(59b) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
Amendment 541 #
Proposal for a directive
Annex I – point 59 c (new)
Annex I – point 59 c (new)
(59c) Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC.
Amendment 543 #
Proposal for a directive
Annex I – point 59 d (new)
Annex I – point 59 d (new)
(59d) Regulation (EC) 1924/2006 of 20 December 2006 on nutrition and health claims made on foods.
Amendment 545 #
Proposal for a directive
Annex I – point 59 e (new)
Annex I – point 59 e (new)
(59e) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.
Amendment 547 #
Proposal for a directive
Annex I – point 59 f (new)
Annex I – point 59 f (new)
(59f) Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC
Amendment 549 #
Proposal for a directive
Annex I – point 59 g (new)
Annex I – point 59 g (new)
(59g) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.
Amendment 551 #
Proposal for a directive
Annex I – point 59 h (new)
Annex I – point 59 h (new)
(59h) Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products
Amendment 553 #
Proposal for a directive
Annex I – point 59 i (new)
Annex I – point 59 i (new)
(59i) Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers.
Amendment 555 #
Proposal for a directive
Annex I – point 59 j (new)
Annex I – point 59 j (new)
(59j) Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products
Amendment 557 #
Proposal for a directive
Annex I – point 59 k (new)
Annex I – point 59 k (new)
(59k) Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC.
Amendment 559 #
Proposal for a directive
Annex I – point 59 l (new)
Annex I – point 59 l (new)
(59l) Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito.
Amendment 561 #
Proposal for a directive
Annex I – point 59 m (new)
Annex I – point 59 m (new)
(59m) Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food.
Amendment 563 #
Proposal for a directive
Annex I – point 59 n (new)
Annex I – point 59 n (new)
(59n) European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste.
Amendment 565 #
Proposal for a directive
Annex I – point 59 o (new)
Annex I – point 59 o (new)
(59o) Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed.
Amendment 567 #
Proposal for a directive
Annex I – point 59 p (new)
Annex I – point 59 p (new)
(59p) Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers.
Amendment 569 #
Proposal for a directive
Annex I – point 59 q (new)
Annex I – point 59 q (new)
(59q) Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents
Amendment 571 #
Proposal for a directive
Annex I – point 59 r (new)
Annex I – point 59 r (new)
(59r) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC
Amendment 573 #
Proposal for a directive
Annex I – point 59 s (new)
Annex I – point 59 s (new)
(59s) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin
Amendment 575 #
Proposal for a directive
Annex I – point 59 t (new)
Annex I – point 59 t (new)
(59t) Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives
Amendment 577 #
Proposal for a directive
Annex I – point 59 u (new)
Annex I – point 59 u (new)
(59u) Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys
Amendment 579 #
Proposal for a directive
Annex I – point 59 v (new)
Annex I – point 59 v (new)
(59v) Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity
Amendment 581 #
Proposal for a directive
Annex I – point 59 w (new)
Annex I – point 59 w (new)
(59w) Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005
Amendment 583 #
(59x) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC
Amendment 585 #
Proposal for a directive
Annex I – point 59 y (new)
Annex I – point 59 y (new)
(59y) Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides
Amendment 587 #
Proposal for a directive
Annex I – point 59 z (new)
Annex I – point 59 z (new)
(59z) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006
Amendment 589 #
Proposal for a directive
Annex I – point 59 a a (new)
Annex I – point 59 a a (new)
(59aa) Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes
Amendment 591 #
Proposal for a directive
Annex I – point 59 a b (new)
Annex I – point 59 a b (new)
(59ab) Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market
Amendment 593 #
Proposal for a directive
Annex I – point 59 a c (new)
Annex I – point 59 a c (new)
(59ac) Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
Amendment 595 #
Proposal for a directive
Annex I – point 59 a d (new)
Annex I – point 59 a d (new)
(59ad) Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency
Amendment 597 #
Proposal for a directive
Annex I – point 59 a e (new)
Annex I – point 59 a e (new)
(59ae) Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products
Amendment 599 #
Proposal for a directive
Annex I – point 59 a f (new)
Annex I – point 59 a f (new)
(59af) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC
Amendment 601 #
Proposal for a directive
Annex I – point 59 a g (new)
Annex I – point 59 a g (new)
(59ag) Directive 2013/50/EU of the European Parliament and of the Council of 22 October 2013 amending Directive 2004/109/EC of the European Parliament and of the Council on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, Directive 2003/71/EC of the European Parliament and of the Council on the prospectus to be published when securities are offered to the public or admitted to trading and Commission Directive 2007/14/EC laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC;
Amendment 603 #
Proposal for a directive
Annex I – point 59 a h (new)
Annex I – point 59 a h (new)
(59ah) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000
Amendment 605 #
Proposal for a directive
Annex I – point 59 a i (new)
Annex I – point 59 a i (new)
(59ai) Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse
Amendment 607 #
Proposal for a directive
Annex I – point 59 a j (new)
Annex I – point 59 a j (new)
(59aj) Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas
Amendment 609 #
Proposal for a directive
Annex I – point 59 a k (new)
Annex I – point 59 a k (new)
(59ak) Directive 2000/43/EC against discrimination on grounds of race and ethnic origin.
Amendment 611 #
Proposal for a directive
Annex I – point 59 a l (new)
Annex I – point 59 a l (new)
(59al) Directive 2000/78/EC against discrimination at work on grounds of religion or belief, disability, age or sexual orientation.
Amendment 613 #
Proposal for a directive
Annex I – point 59 a m (new)
Annex I – point 59 a m (new)
(59am) Directive 2006/54/EC equal treatment for men and women in matters of employment and occupation.
Amendment 615 #
(59an) Directive 2004/113/EC equal treatment for men and women in the access to and supply of goods and services.
Amendment 617 #
Proposal for a directive
Annex I – point 59 a o (new)
Annex I – point 59 a o (new)
(59ao) Directive Proposal [COM(2008)426] against discrimination based on age, disability, sexual orientation and religion or belief beyond the workplace.