BETA

Activities of Felix REDA related to 2018/0089(COD)

Shadow opinions (1)

OPINION 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
2016/11/22
Committee: IMCO
Dossiers: 2018/0089(COD)
Documents: PDF(292 KB) DOC(146 KB)

Amendments (156)

Amendment 39 #
Proposal for a directive
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent the collective interest of consumers, to seek remedy through representative actions against infringements of provisions of Union law. The qualified entities should be able to ask for stopping or prohibiting an infringement, for confirming that an infringement took place and to seek redress, such as compensation, repair or price reduction as available under national laws.
2018/09/28
Committee: IMCO
Amendment 40 #
Proposal for a directive
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC (Text with EEA relevance)
2018/11/08
Committee: JURI
Amendment 41 #
Proposal for a directive
Recital -1 (new)
(-1) Pursuant to Articles 26, 67 and 114 of the Treaty on the Functioning of the European Union, the Union has the duty to promote respect for human rights, facilitate access to justice and guarantee fundamental rights, and to ensure fair competition and proper functioning of the internal market by enforcing the rights protected by Union legislation. The effective protection of rights, in particular fundamental rights, in case of violations by business entities and holding these entities legally accountable for their actions and omissions, is necessary for a proper functioning of the internal market. On top of this, fair competition also requires comparable exposure to deterrent and corrective actions in all Member States. Furthermore, justice and equality before the law require the protection of all victims of mass harm situations, including by enabling them to join their claims in order to access justice and seek effective remedy.
2018/11/08
Committee: JURI
Amendment 43 #
Proposal for a directive
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent thea 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 as available under national laws, such as compensation, repair or price reduction as available under national lawin 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.
2018/11/08
Committee: JURI
Amendment 44 #
Proposal for a directive
Recital 3
(3) A representative action should offer an effective and efficient way of protecting the collective interests of consumerand 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 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.
2018/09/28
Committee: IMCO
Amendment 47 #
Proposal for a directive
Recital 4
(4) It is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the Single Market. To prevent the misuse of representative actions, elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed consumerindividuals 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.
2018/09/28
Committee: IMCO
Amendment 48 #
Proposal for a directive
Recital 5
(5) Infringements that affect the collective interests of consumers often have cross-border implications. More effective and efficient representative actions available across the Union should boost consumer confidence in the internal market and empower consumerindividuals to exercise their rights.
2018/09/28
Committee: IMCO
Amendment 50 #
Proposal for a directive
Recital 6
(6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, energy, telecommunications, health and environment. It should cover infringements of provisions of Union law which protect public interest and the interests of consumerindividuals, 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 of consumers is adopted, whether to amend the Annex to the present Directive in order to place it under its scope.
2018/09/28
Committee: IMCO
Amendment 51 #
Proposal for a directive
Recital 2
(2) Directive 2009/22/EC of the European Parliament and of the Council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of Union law harmful to the collective interests of consumers. However, that Directive did not sufficiently address the challenges for the enforcement of consumer law. To improve the deterrence of all unlawful practices by traders and to reduce consumer detriment, it is necessary to strengthen the mechanism for protection of collective interests of consumerall individuals. 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. OJ L 110/30, 1.5.2009.
2018/11/08
Committee: JURI
Amendment 53 #
Proposal for a directive
Recital 3
(3) A representative action should offer an effective and efficient way of protecting the collective interests of consumerand public interests, including inter alia the following grounds: data protection, privacy and confidentiality of communications, public security, public safety, public health, preserving social security systems, the protection of consumers, recipients of services and workers, fairness of trade transactions, combating fraud, the protection of the environment and animal health, the conservation of the national and artistic heritage, social 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 by consumerspeople 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.
2018/11/08
Committee: JURI
Amendment 54 #
Proposal for a directive
Recital 7
(7) The Commission has adopted legislative proposals for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air30 and for a Regulation of the European Parliament and of the Council on rail passengers' rights and obligations.31 It is therefore appropriate to provide that, 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.deleted
2018/09/28
Committee: IMCO
Amendment 56 #
Proposal for a directive
Recital 8
(8) Building on Directive 2009/22/EC, this Directive should cover both domestic and cross-border infringements, in particular when consumerindividuals 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.
2018/09/28
Committee: IMCO
Amendment 60 #
Proposal for a directive
Recital 4
(4) It is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the Single Market. To prevent the misuse of representative actions, elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed consumerindividuals 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.
2018/11/08
Committee: JURI
Amendment 61 #
Proposal for a directive
Recital 10
(10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action.
2018/09/28
Committee: IMCO
Amendment 63 #
Proposal for a directive
Recital 11
(11) Independent public bodies where they exist, organisations defending a public interest and consumer organisations in particular should play an active role in ensuring compliance with relevant provisions of Union law and are all well placed to act as qualified entities. Since these entities have access to different sources of information regarding traders' practices towards consumerindividuals 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.
2018/09/28
Committee: IMCO
Amendment 64 #
Proposal for a directive
Recital 5
(5) Infringements by traders 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 consumerspeople to exercise their rights.
2018/11/08
Committee: JURI
Amendment 66 #
Proposal for a directive
Recital 12
(12) Since both judicial and administrative procedures may effectively and efficiently serve the protection of the collective interests of consumers it is left to the discretion of the Member States whether the representative action can be brought in judicial or administrative proceedings, or both, depending on the relevant area of law or relevant economic sector. 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.deleted
2018/09/28
Committee: IMCO
Amendment 67 #
Proposal for a directive
Recital 6
(6) This Directive should cover a variety of areas such as data protection, non-discrimination, the protection of workers’ rights, the protection of the environment, health, competition, consumer protection including regarding financial services, travel and tourism, energy, and telecommunications and environment. It should cover infringements of provisions of Union law including the Charter of Fundamental Rights, which protect the interests of consumerindividuals, regardless of whether they are referred to as consumers or as travellers, users, customers, retail investors, retail clients or otherthe 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 consumerindividuals is adopted, whether to amend the Annex to the present Directive in order to place it under its scope.
2018/11/08
Committee: JURI
Amendment 69 #
Proposal for a directive
Recital 14
(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 consumerindividuals 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.
2018/09/28
Committee: IMCO
Amendment 69 #
Proposal for a directive
Recital 7
(7) The Commission has adopted legislative proposals for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air30 and for a Regulation of the European Parliament and of the Council on rail passengers' rights and obligations.31 It is therefore appropriate to provide that, 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 31deleted COM(2013) 130 final. COM(2017) 548 final.
2018/11/08
Committee: JURI
Amendment 71 #
Proposal for a directive
Recital 15
(15) The qualified entity initiating the representative action under this Directive should be a party to the proceedings. Consumers concerned by the infringement should have adequate opportunities to benefit from the relevant outcomes of the representative action. Injunction orders issued under this Directive should be without prejudice to individual actions brought by consumerindividuals harmed by the practice subject to the injunction order.
2018/09/28
Committee: IMCO
Amendment 73 #
Proposal for a directive
Recital 16
(16) Qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement. These measures should take the form of a redress order for a material or non- material damage obligating the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate and as available under national laws.
2018/09/28
Committee: IMCO
Amendment 75 #
Proposal for a directive
Recital 17
(17) The compensation awarded to consumerindividuals 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.
2018/09/28
Committee: IMCO
Amendment 77 #
Proposal for a directive
Recital 8
(8) Building on Directive 2009/22/EC, this Directive should cover both domestic and cross-border infringements, in particular when consumerindividuals 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.
2018/11/08
Committee: JURI
Amendment 78 #
Proposal for a directive
Recital 18
(18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of consumerindividuals 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 consumerindividuals 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 consumerindividuals concerned.
2018/09/28
Committee: IMCO
Amendment 81 #
Proposal for a directive
Recital 19
(19) Member States should be allowed to decide whether their court or national authority seized of a representative action for redress may exceptionally issue, instead of a redress order, a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement which could be directly relied upon in subsequent redress actions by individual consumers. This possibility should be reserved to 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.deleted
2018/09/28
Committee: IMCO
Amendment 81 #
Proposal for a directive
Recital 10
(10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. 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.
2018/11/08
Committee: JURI
Amendment 86 #
Proposal for a directive
Recital 20
(20) Where consumerindividuals 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 consumerindividuals 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 consumerindividuals 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 consumerindividuals 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.
2018/09/28
Committee: IMCO
Amendment 88 #
Proposal for a directive
Recital 21
(21) In low-value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers, the aggregated loss may be significant. In such cases, a court or authority may consider that it is disproportionate to distribute the funds back to the consumers concerned, for example because it is too onerous or impracticable. Therefore the funds received as redress through representative actions would better serve the purposes of the protection of collective interests of consumers and should be directed to a relevant public purpose, such as a consumer legal aid fund, awareness campaigns or consumer movements.deleted
2018/09/28
Committee: IMCO
Amendment 91 #
Proposal for a directive
Recital 11
(11) Independent public bodies and consumer organisat, 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. 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.
2018/11/08
Committee: JURI
Amendment 92 #
Proposal for a directive
Recital 22
(22) Measures aimed at eliminating the continuing effects of the infringement may be sought only on the basis of a final decision, establishing an infringement of Union law covered by the scope of this Directive harming collective interest of consumers, including a final injunction order issued within the representative action. In particular, measures eliminating the continuing effects of the infringement may be sought on the basis of final decisions of a court or administrative authority in the context of enforcement activities regulated by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004.32 _________________ 32deleted OJ L 345, 27.12.2017.
2018/09/28
Committee: IMCO
Amendment 96 #
Proposal for a directive
Recital 23
(23) This Directive provides for a procedural mechanism, which does not affect the rules establishing substantive rights of consumerindividuals 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.
2018/09/28
Committee: IMCO
Amendment 96 #
Proposal for a directive
Recital 12
(12) Since both judicial and administrative procedures may effectively and efficiently serve the protection of the collective interests of consumers it is left to the discretion of the Member States whether the representative action can be brought in judicial or administrative proceedings, or both, depending on the relevant area of law or relevant economic sector. 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 consumerindividuals 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.
2018/11/08
Committee: JURI
Amendment 98 #
Proposal for a directive
Recital 13
(13) To increase the procedural effectiveness of representative actions, qualified entities should have the possibility to seek different measures within a single representative action or within separate representative actions. These measures should include interim 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.
2018/11/08
Committee: JURI
Amendment 101 #
Proposal for a directive
Recital 26
(26) Collective out-of-court settlements aimed at providing redress to harmed consumerindividuals should be encouraged both before the representative action is brought and at any stage of the representative action.
2018/09/28
Committee: IMCO
Amendment 101 #
Proposal for a directive
Recital 14
(14) Injunction orders aim at the protection of the collective interests of consumers independently of any actual loss or damage suffered by individual consumerpersons. 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.
2018/11/08
Committee: JURI
Amendment 104 #
Proposal for a directive
Recital 27
(27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumerindividuals 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.
2018/09/28
Committee: IMCO
Amendment 105 #
Proposal for a directive
Recital 28
(28) The court and administrative authority should have the power to invite the infringing trader and the qualified entity which brought the representative action to enter into negotiations aimed at reaching a settlement on redress to be provided to consumerindividuals 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 consumerindividuals concerned, the possible type of redress to be offered, the willingness of the parties to settle and the expediency of the procedure.
2018/09/28
Committee: IMCO
Amendment 105 #
Proposal for a directive
Recital 15
(15) The qualified entity initiating the representative action under this Directive should be a party to the proceedings. ConsumerIndividuals 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 consumersthose harmed by the practice subject to the injunction order.
2018/11/08
Committee: JURI
Amendment 106 #
Proposal for a directive
Recital 29
(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.deleted
2018/09/28
Committee: IMCO
Amendment 106 #
Proposal for a directive
Recital 16
(16) Qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement. These measures should take the form of a redress order for a material or non- material damage obligating the trader to provide for, inter alia, in case of consumers, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, in case of workers, compensation or reinstatement after unlawful dismissals, or in case of environmental damage or violation of fundamental rights, compensation or repair of the damage causes, as appropriate and as available under national laws.
2018/11/08
Committee: JURI
Amendment 109 #
Proposal for a directive
Recital 30
(30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
2018/09/28
Committee: IMCO
Amendment 109 #
Proposal for a directive
Recital 17
(17) The compensation awarded to consumerindividuals 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.
2018/11/08
Committee: JURI
Amendment 112 #
Proposal for a directive
Recital 31
(31) Ensuring that consumersindividuals and the general public are informed about a representative action is crucial for its success. ConsumersIndividuals 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 consumerindividuals concerned, particularly for obtaining redress. The reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer righttraders.
2018/09/28
Committee: IMCO
Amendment 114 #
Proposal for a directive
Recital 18
(18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of consumerindividuals 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 consumerpersons 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 consumerindividuals concerned.
2018/11/08
Committee: JURI
Amendment 115 #
Proposal for a directive
Recital 32
(32) To be effective, the information should be adequate and proportional to the circumstances of the case. The infringing trader should adequately inform all consumerindividuals 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, consumerindividuals should be informed individually through electronic or paper letters. This information should be provided in accessible formats for persons with disabilities upon request.
2018/09/28
Committee: IMCO
Amendment 117 #
Proposal for a directive
Recital 19
(19) Member States should be allowed to decide whether their court or national authority seized of a representative action for redress may exceptionally issue, instead of a redress order, a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement which could be directly relied upon in subsequent redress actions by individual consumers. This possibility should be reserved to 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.deleted
2018/11/08
Committee: JURI
Amendment 119 #
Proposal for a directive
Recital 35
(35) Actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed consumerindividuals 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 consumerindividuals concerned by this action.
2018/09/28
Committee: IMCO
Amendment 122 #
Proposal for a directive
Recital 37
(37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumerindividuals concerned by an infringement, deciding on redress and adequately informing consumerindividuals 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 consumerindividuals 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.
2018/09/28
Committee: IMCO
Amendment 123 #
Proposal for a directive
Recital 39
(39) Having regard to the fact that representative actions pursue a public interest by protecting the collective interests 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.
2018/09/28
Committee: IMCO
Amendment 125 #
Proposal for a directive
Recital 20
(20) Where consumerindividuals 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 consumerindividuals 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 consumerthe 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.
2018/11/08
Committee: JURI
Amendment 126 #
Proposal for a directive
Recital 41
(41) In order to effectively tackle infringements with cross-border implications the mutual recognition of the legal standing of qualified entities designated in advance in one Member State to seek representative action in another Member State should be ensured. Furthermore, qualified entities from different Member States should be able to join forces within a single representative action in front of a single forum, subject to relevant rules on competent jurisdiction. For reasons of efficiency and effectiveness, one qualified entity should be able to bring a representative action in the name of other qualified entities representing consumerindividuals from different Member States.
2018/09/28
Committee: IMCO
Amendment 127 #
Proposal for a directive
Recital 44
(44) The objectives of this Directive, namely establishing a representative action mechanism for the protection of the collective interests of consumers in order toin order to protect public interest and 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.
2018/09/28
Committee: IMCO
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1
1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumersand thereby in particular achieve and enforce a high level of consumer protection and of access to justice, while ensuring appropriate safeguards to avoid abusive litigation.
2018/09/28
Committee: IMCO
Amendment 131 #
Proposal for a directive
Article 1 – paragraph 2
2. This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to ensure a higher level of consumer protection or to grant qualified entities or any other persons concerned othermore favourable procedural means to bring actions aimed at the protection of the collective interests of consumers at national level.
2018/09/28
Committee: IMCO
Amendment 131 #
Proposal for a directive
Recital 21
(21) In low-value cases most consumers are unlikely, 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 consumerindividuals, 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 consumerindividuals concerned, for example because it is too onerous or impracticable. Therefore the funds received as redress through representative actions wcould better serve the purposes of the protection of collective interests of consumers a. In such cases, such funds should be directed to a relevant public purpose, such as a consumer legal aid fund or a representative actions fund, awareness campaigns or consumerrelevant civil society movements.
2018/11/08
Committee: JURI
Amendment 134 #
Proposal for a directive
Recital 22
(22) Measures aimed at eliminating the continuing effects of the infringement may be sought only on the basis of a final decision, establishing an infringement of Union law covered by the scope of this Directive harming collective interest of consumers, including a final injunction order issued within the representative action. In particular, measures eliminating the continuing effects of the infringement may be sought on the basis of final decisions of a court or administrative authority in the context of enforcement activities regulated by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004.32 _________________ 32 OJ L 345, 27.12.2017.deleted
2018/11/08
Committee: JURI
Amendment 135 #
Proposal for a directive
Article 2 – paragraph 1
1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law listed in Annex I that harm or may harm the collective interests of consumerany public interest, including, but not limited to, the collective interests listed in Annex I as well as Fundamental Rights of the European Union and Union competition rules. 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.
2018/09/28
Committee: IMCO
Amendment 138 #
Proposal for a directive
Article 2 – paragraph 2
2. This Directive shall not affect rules establishing contractual and non- contractual remedies available to consumers for such infringements under Union or national law.
2018/09/28
Committee: IMCO
Amendment 139 #
Proposal for a directive
Recital 23
(23) This Directive provides for a procedural mechanism, which does not affect the rules establishing substantive rights of consumers 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.
2018/11/08
Committee: JURI
Amendment 142 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
(3) ‘collective interests of consumers’ means the interests of a number of consumernatural persons;
2018/09/28
Committee: IMCO
Amendment 143 #
Proposal for a directive
Article 3 – paragraph 1 – point 4
(4) ‘representative action’ means an action for the protection of the collective interests of consumers to which the consumerindividuals concerned are not parties;
2018/09/28
Committee: IMCO
Amendment 144 #
Proposal for a directive
Article 3 – paragraph 1 – point 6
(6) ‘final decision’ 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.deleted
2018/09/28
Committee: IMCO
Amendment 149 #
Proposal for a directive
Recital 26
(26) Collective out-of-court settlements aimed at providing redress to harmed consumerindividuals should be encouraged both before the representative action is brought and at any stage of the representative action.
2018/11/08
Committee: JURI
Amendment 152 #
Proposal for a directive
Recital 27
(27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumerindividuals 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 consumer. Each of the individuals concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
2018/11/08
Committee: JURI
Amendment 155 #
Proposal for a directive
Recital 28
(28) The court and administrative authority should have the power to invite the infringing trader and the qualified entity which brought the representative action to enter into negotiations aimed at reaching a settlement on redress to be provided to consumerindividuals 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 consumerindividuals concerned, the possible type of redress to be offered, the willingness of the parties to settle and the expediency of the procedure.
2018/11/08
Committee: JURI
Amendment 156 #
Proposal for a directive
Recital 29
(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.deleted
2018/11/08
Committee: JURI
Amendment 160 #
Proposal for a directive
Recital 30
(30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
2018/11/08
Committee: JURI
Amendment 161 #
Proposal for a directive
Recital 31
(31) Ensuring that consumersindividuals and the general public are informed about a representative action is crucial for its success. ConsumersIndividuals 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 consumerindividuals concerned, particularly for obtaining redress. The reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer rights.
2018/11/08
Committee: JURI
Amendment 165 #
Proposal for a directive
Recital 32
(32) To be effective, the information should be accessible, adequate and proportional to the circumstances of the case. The infringing trader should adequately inform all consumerindividuals 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, consumersthe individuals concerned should be informed individually through electronic or paper letters. This information should be provided in accessible formats for persons with disabilities upon request.
2018/11/08
Committee: JURI
Amendment 169 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 3
Member States shall assess on a regular basis whether a qualified entity continues to comply with these criteria. Member States shall ensure that the qualified entity loses its status under this Directive if it no longer complies with one or more of the criteria listed in the first subparagraph.deleted
2018/09/28
Committee: IMCO
Amendment 171 #
Proposal for a directive
Recital 34
(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.deleted
2018/11/08
Committee: JURI
Amendment 176 #
Proposal for a directive
Recital 35
(35) Actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed consumerindividuals 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 consumerindividuals concerned by this action.
2018/11/08
Committee: JURI
Amendment 178 #
Proposal for a directive
Article 4 – paragraph 3
3. Member States shall ensure that established or ad-hoc organisations defending a public interest, in particular consumer organisations and, where applicable, independent public bodies are eligible for the status of qualified entity. Member States may designate as qualified entities consumer organisations that represent members from more than one Member State.
2018/09/28
Committee: IMCO
Amendment 179 #
Proposal for a directive
Article 4 – paragraph 4
4. Member States may set out rules specifying which qualified entities may seek all of the measures referred to in Articles 5 and 6, and which qualified entities may seek only one or more of these measures.deleted
2018/09/28
Committee: IMCO
Amendment 179 #
Proposal for a directive
Recital 37
(37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumerindividuals concerned by an infringement, deciding on redress and adequately informing consumerindividuals 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 arebeing 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 consumerindividuals 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.
2018/11/08
Committee: JURI
Amendment 185 #
Proposal for a directive
Recital 39
(39) Having regard to the fact that representative actions pursue a public interest by protecting the collective interests of consumers, Member States should ensure that qualified entities are not prevented from bringing representative actions under this Directive because of the costs involved with the procedures.
2018/11/08
Committee: JURI
Amendment 192 #
Proposal for a directive
Recital 41
(41) In order to effectively tackle infringements with cross-border implications the mutual recognition of the legal standing of qualified entities designated in advance in one Member State to seek representative action in another Member State should be ensured. Furthermore, qualified entities from different Member States should be able to join forces within a single representative action in front of a single forum, subject to relevant rules on competent jurisdiction. For reasons of efficiency and effectiveness, one qualified entity should be able to bring a representative action in the name of other qualified entities representing consumerindividuals from different Member States.
2018/11/08
Committee: JURI
Amendment 194 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
In order to seek injunction orders, qualified entities shall not have to obtain the mandate of the individual consumers concerned or provide proof of actual loss or damage on the part of the consumerindividuals concerned or of intention or negligence on the part of the trader.
2018/09/28
Committee: IMCO
Amendment 199 #
Proposal for a directive
Article 5 – paragraph 3
3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any final decision establishingclaim 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)as referred to in Article 2 of this Directive.
2018/09/28
Committee: IMCO
Amendment 199 #
Proposal for a directive
Recital 44
(44) The objectives of this Directive, namely establishing a representative action mechanism for the protection of the collective interests of consumers in order toin order to protect public interest and 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.
2018/11/08
Committee: JURI
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 1
1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumersindividuals and thereby in particular achieve and enforce a high level of protection and access to justice, while ensuring appropriate safeguards to avoid abusive litigation.
2018/11/08
Committee: JURI
Amendment 209 #
Proposal for a directive
Article 1 – paragraph 2
2. This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to ensure a higher level of protection or to grant qualified entities or any other persons concerned othermore favourable procedural means to bring actions aimed at the protection of the collective interests of consumerindividuals at national level.
2018/11/08
Committee: JURI
Amendment 213 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order for a material or non-material damage, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued.
2018/09/28
Committee: IMCO
Amendment 219 #
Proposal for a directive
Article 2 – paragraph 1
1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law listed in Annex I that harm or may harm the collective interests of consumersr any public interest. 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.
2018/11/08
Committee: JURI
Amendment 221 #
Proposal for a directive
Article 2 – paragraph 2
2. This Directive shall not affect rules establishing contractual and non- contractual remedies available to consumers for such infringements under Union or national law.
2018/11/08
Committee: JURI
Amendment 223 #
Proposal for a directive
Article 6 – paragraph 2
2. By derogation to paragraph 1, Member States may empower a court or administrative authority to issue, instead of a redress order, a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement of Union law listed in Annex I, in duly justified cases where, due to the characteristics of the individual harm to the consumers concerned the quantification of individual redress is complex.deleted
2018/09/28
Committee: IMCO
Amendment 225 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
(1) ‘consumerindividual’ means any natural person who is acting for purposes which are outside their trade, business, craft or profession;
2018/11/08
Committee: JURI
Amendment 230 #
Proposal for a directive
Article 6 – paragraph 3 – introductory part
3. Paragraph 2 shall not apply iIn the cases where:
2018/09/28
Committee: IMCO
Amendment 231 #
Proposal for a directive
Article 6 – paragraph 3 – point a
(a) consumerindividuals 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 consumerindividuals concerned;
2018/09/28
Committee: IMCO
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
(3) ‘collective interests of consumers’ means the interests of a number of consumerindividuals;
2018/11/08
Committee: JURI
Amendment 237 #
Proposal for a directive
Article 6 – paragraph 3 – point b
(b) consumerindividuals 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 before the redress order has been issued. The redress shall be directed to a public purpose serving the collective interests of consumers.
2018/09/28
Committee: IMCO
Amendment 240 #
Proposal for a directive
Article 6 – paragraph 4
4. The redress obtained through a final decision in accordance with paragraphs 1, 2 and 3 shall be without prejudice to any additional rights to redress that the consumerindividuals concerned may have under Union or national law.
2018/09/28
Committee: IMCO
Amendment 240 #
Proposal for a directive
Article 3 – paragraph 1 – point 4
(4) ‘representative action’ means an action for the protection of the collective interests of consumerindividuals to which the consumerindividuals concerned are not parties;
2018/11/08
Committee: JURI
Amendment 247 #
Proposal for a directive
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumerindividuals concerned and to meet any adverse costs should the action fail.
2018/09/28
Committee: IMCO
Amendment 257 #
Proposal for a directive
Article 8 – paragraph 1
1. Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumerindividuals 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.
2018/09/28
Committee: IMCO
Amendment 258 #
Proposal for a directive
Article 8 – paragraph 3
3. Member States shall ensure that the court or administrative authority that issued the final declaratory decision referred to in Article 6(2) is empowered to request the parties to the representative action to reach within a reasonable set time limit a settlement regarding the redress to be provided to consumerindividuals on the basis of this final decision.
2018/09/28
Committee: IMCO
Amendment 259 #
Proposal for a directive
Article 8 – paragraph 4
4. The settlements referred to in paragraphs 1, 2 and 3 shall be subject to the scrutiny of the court or administrative authority. The court or administrative authority shall assess the legality and fairness of the settlement, taking into consideration the rights and interests of all parties, including the consumerindividuals concerned.
2018/09/28
Committee: IMCO
Amendment 262 #
Proposal for a directive
Article 8 – paragraph 6
6. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1, 2 and 3. The redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the consumerindividuals concerned may have under Union or national law.
2018/09/28
Committee: IMCO
Amendment 265 #
Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumersindividuals, 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 consumerindividuals concerned individually.
2018/09/28
Committee: IMCO
Amendment 268 #
Proposal for a directive
Article 9 – paragraph 2
2. The information referred to in paragraph 1 shall include in intelligible language an explanation of the subject- matter of the representative action, its legal consequences and, if relevant, the subsequent steps to be taken by the consumers concernedindividuals concerned. The modalities and timeframe of the information shall be designed in agreement with the court or administrative authority.
2018/09/28
Committee: IMCO
Amendment 270 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
2 a. Member States shall ensure that information is made available to the public in an accessible way, on upcoming, ongoing and closed collective actions, including via tangible durable media and online through a public website.
2018/09/28
Committee: IMCO
Amendment 274 #
Proposal for a directive
Article 10 – paragraph 1
1. Member States shall ensure that an infringement harming collective interests of consumers established in a final decision of an administrative authority or a court, including a final injunction order referred to in Article 5(2)(b), is deemed as irrefutably establishing the existence of that infringement for the purposes of any other actions seeking redress before their national courts against the same trader for the same infringement.
2018/09/28
Committee: IMCO
Amendment 275 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 3
Member States shall assess on a regular basis whether a qualified entity continues to comply with these criteria. Member States shall ensure that the qualified entity loses its status under this Directive if it no longer complies with one or more of the criteria listed in the first subparagraph.deleted
2018/11/08
Committee: JURI
Amendment 278 #
Proposal for a directive
Article 10 – paragraph 3
3. Member States shall ensure that a final declaratory decision referred to in Article 6(2) is deemed as irrefutably establishing the liability of the trader towards the harmed consumerindividuals 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 consumerindividuals are available through expedient and simplified procedures.
2018/09/28
Committee: IMCO
Amendment 282 #
Proposal for a directive
Article 11 – paragraph 1
Member States shall ensure that the submission of a representative action as referred to in Articles 5 and 6 shall have the effect of suspending or interrupting limitation periods applicable to any redress actions for the consumerindividuals concerned, if the relevant rights are subject to a limitation period under Union or national law.
2018/09/28
Committee: IMCO
Amendment 288 #
Proposal for a directive
Article 14 – paragraph 3
3. When deciding about the allocation of revenues from fines Member States shall take into account the collective interests of consumers.
2018/09/28
Committee: IMCO
Amendment 289 #
Proposal for a directive
Article 4 – paragraph 3
3. Member States shall ensure that in particular consumer organisations andestablished or ad-hoc organisations defending a public interest, in particular consumer organisations, environmental organisations, human rights and equality organisations and trade unions, and, where applicable, independent public bodies are eligible for the status of qualified entity. Member States may designate as qualified entities consumer organisations that represent memberindividuals from more than one Member State.
2018/11/08
Committee: JURI
Amendment 295 #
Proposal for a directive
Article 16 – paragraph 2
2. Member States shall ensure that where the infringement affects or is likely to affect consumerindividuals 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.
2018/09/28
Committee: IMCO
Amendment 298 #
Proposal for a directive
Article 18 – paragraph 2
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.deleted
2018/09/28
Committee: IMCO
Amendment 299 #
Proposal for a directive
Article 4 – paragraph 4
4. Member States may set out rules specifying which qualified entities may seek all of the measures referred to in Articles 5 and 6, and which qualified entities may seek only one or more of these measures.deleted
2018/11/08
Committee: JURI
Amendment 305 #
Proposal for a directive
Article 5 – title
5 Representative actions for the protection of the collective interests of consumers
2018/11/08
Committee: JURI
Amendment 319 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
In order to seek injunction orders, qualified entities shall not have to obtain the mandate of the individual consumers concerned or provide proof of actual loss or damage on the part of the consumerindividuals concerned or of intention or negligence on the part of the trader.
2018/11/08
Committee: JURI
Amendment 321 #
Proposal for a directive
Annex I – point 59 a (new)
(59 a) Regulation [...] of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications).
2018/09/28
Committee: IMCO
Amendment 322 #
Proposal for a directive
Annex I – point 59 b (new)
(59 b) Directive [...] of the European Parliament and of the Council esablishing the European electronic communications code (recast).
2018/09/28
Committee: IMCO
Amendment 323 #
Proposal for a directive
Annex I – point 59 c (new)
(59 c) Council Directive 91/533/EEC of 14 October1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32–35).
2018/09/28
Committee: IMCO
Amendment 324 #
Proposal for a directive
Annex I – point 59 d (new)
(59 d) Directive1999/70/EC on the Framework Agreement on fixed-term work concluded by ETUC,UNICE and CEEP (OJ L 175, 10.7.1999, p. 43–48).
2018/09/28
Committee: IMCO
Amendment 325 #
Proposal for a directive
Annex I – point 59 e (new)
(59 e) Directive 97/81/EC concerning the Framework Agreement on Part-Time work concluded by UNICE, European Centre of Employers and Enterprises providing Public Services (CEEP) and the European Trade Union Confederation(ETUC) (OJ L 14,20.1.1998, p. 9–14).
2018/09/28
Committee: IMCO
Amendment 325 #
Proposal for a directive
Article 5 – paragraph 3
3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any final decisionclaim establishing that a practice constitutes an infringement of Union law listed in Annex Ias referred to in article 2 of this Directive harming collective interests of consumerindividuals, including a final injunction order referred to in paragraph (2)(b).
2018/11/08
Committee: JURI
Amendment 326 #
Proposal for a directive
Annex I – point 59 f (new)
(59 f) Directive 2008/104/EC on Temporary Agency Work (OJ L 327, 5.12.2008, p. 9–14).
2018/09/28
Committee: IMCO
Amendment 327 #
Proposal for a directive
Annex I – point 59 g (new)
(59 g) Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed- duration employment relationship or a temporary employment relationship (OJ L 206, 29.7.1991, p.19– 21).
2018/09/28
Committee: IMCO
Amendment 328 #
Proposal for a directive
Annex I – point 59 h (new)
(59 h) Directive2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L299, 18.11.2003, p. 9–19).
2018/09/28
Committee: IMCO
Amendment 329 #
Proposal for a directive
Annex I – point 59 i (new)
(59 i) Directive2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer(Codified version) (OJ L 283, 28.10.2008, p. 36–42).
2018/09/28
Committee: IMCO
Amendment 330 #
Proposal for a directive
Annex I – point 59 j (new)
(59 j) Directive2002/14/EC of the European Parliament and of the Council of 11 March 2002establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29–34).
2018/09/28
Committee: IMCO
Amendment 331 #
Proposal for a directive
Annex I – point 59 k (new)
(59 k) Directive2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (OJ L 122, 16.5.2009, p. 28–44).
2018/09/28
Committee: IMCO
Amendment 332 #
Proposal for a directive
Annex I – point 59 l (new)
(59 l) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p.1–8).
2018/09/28
Committee: IMCO
Amendment 333 #
Proposal for a directive
Annex I – point 59 m (new)
(59 m) Directive2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article16(1) of Council Directive 89/391/EEC) (codified version) (Text with EEA relevance) (OJL 158, 30.4.2004, p. 50–76).
2018/09/28
Committee: IMCO
Amendment 334 #
Proposal for a directive
Annex I – point 59 n (new)
(59 n) Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16–22).
2018/09/28
Committee: IMCO
Amendment 335 #
Proposal for a directive
Annex I – point 59 o (new)
(59 o) Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (OJL 155, 18.6.2009, p. 17– 29).
2018/09/28
Committee: IMCO
Amendment 336 #
Proposal for a directive
Annex I – point 59 p (new)
(59 p) Directive2011/98/EU of the European Parliament and of the Council of 13 December2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third- country workers legally residing in a Member State (OJ L 343, 23.12.2011, p.1– 9).
2018/09/28
Committee: IMCO
Amendment 337 #
Proposal for a directive
Annex I – point 59 q (new)
(59 q) Directive(EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21–57).
2018/09/28
Committee: IMCO
Amendment 338 #
Proposal for a directive
Annex I – point 59 r (new)
(59 r) Regulation(EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004on the coordination of social security systems (Text with relevance for the EEA and for Switzerland) (OJ L 166, 30.4.2004, p. 1– 123).
2018/09/28
Committee: IMCO
Amendment 339 #
Proposal for a directive
Annex I – point 59 s (new)
(59 s) Directive96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L18, 21.1.1997, p. 1–6).
2018/09/28
Committee: IMCO
Amendment 339 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities 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, 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 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.
2018/11/08
Committee: JURI
Amendment 352 #
Proposal for a directive
Article 6 – paragraph 2
2. By derogation to paragraph 1, Member States may empower a court or administrative authority to issue, instead of a redress order, a declaratory decision regarding the liability of the trader towards the consumers harmed by an infringement of Union law listed in Annex I, in duly justified cases where, due to the characteristics of the individual harm to the consumers concerned the quantification of individual redress is complex.deleted
2018/11/08
Committee: JURI
Amendment 363 #
Proposal for a directive
Article 6 – paragraph 3 – introductory part
3. Paragraph 2 shall not apply iIn the cases where:
2018/11/08
Committee: JURI
Amendment 366 #
Proposal for a directive
Article 6 – paragraph 3 – point a
(a) consumerindividuals 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 each of the individual consumers concerned shall not constitute a condition to initiate the action. The redress shall be directed to the consumerindividuals concerned;
2018/11/08
Committee: JURI
Amendment 370 #
Proposal for a directive
Article 6 – paragraph 3 – point b
(b) consumerindividuals 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 each of the individual consumers concerned is not required before the redress order has been issued. The redress shall be directed to a public purpose serving the collective interests of consumerconcerned. Member States may decide for the redress to be allocated to a fund created for the purpose of financing representative actions.
2018/11/08
Committee: JURI
Amendment 375 #
Proposal for a directive
Article 6 – paragraph 4
4. The redress obtained through a final decision in accordance with paragraphs 1, 2 and 3redress order shall be without prejudice to any additional rights to redress that the consumerindividuals concerned may have under Union or national law.
2018/11/08
Committee: JURI
Amendment 388 #
Proposal for a directive
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumerindividuals concerned and to meet any adverse costs should the action fail.
2018/11/08
Committee: JURI
Amendment 410 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
3a. Member States shall provide structural support to entities acting as qualified entities within the scope of this Directive. Member States may decide to set up a dedicated fund with the objective of providing financial support to qualified entities bringing collective actions.
2018/11/08
Committee: JURI
Amendment 415 #
Proposal for a directive
Article 8 – paragraph 1
1. Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumerindividuals 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 and the same individuals concerned.
2018/11/08
Committee: JURI
Amendment 418 #
Proposal for a directive
Article 8 – paragraph 3
3. Member States shall ensure that the court or administrative authority that issued the final declaratory decision referred to in Article 6(2) is empowered to request the parties to the representative action to reach within a reasonable set time limit a settlement regarding the redress to be provided to consumers on the basis of this final decision.deleted
2018/11/08
Committee: JURI
Amendment 421 #
Proposal for a directive
Article 8 – paragraph 4
4. The settlements referred to in paragraphs 1, 2 and 3 shall be subject to the scrutiny of the court or administrative authority. The court or administrative authority shall assess the legality and fairness of the settlement, taking into consideration the rights and interests of all parties, including the consumerindividuals concerned.
2018/11/08
Committee: JURI
Amendment 429 #
Proposal for a directive
Article 8 – paragraph 6
6. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1, 2 and 3. The redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the consumerindividuals concerned may have under Union or national law.
2018/11/08
Committee: JURI
Amendment 434 #
Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumersindividuals, 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 consumerindividuals concerned individually.
2018/11/08
Committee: JURI
Amendment 440 #
Proposal for a directive
Article 9 – paragraph 2
2. The information referred to in paragraph 1 shall include in intelligible language an explanation of the subject- matter of the representative action, its legal consequences and, if relevant, the subsequent steps to be taken by the consumers concernedindividuals concerned. The modalities and timeframe of the information shall be designed in agreement with the court or administrative authority.
2018/11/08
Committee: JURI
Amendment 444 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
2a. Member States shall ensure that information is made available to the public in an accessible way, on upcoming, ongoing and closed collective actions, including via tangible durable media and online through a public website.
2018/11/08
Committee: JURI
Amendment 448 #
Proposal for a directive
Article 10 – paragraph 1
1. Member States shall ensure that an infringement harming collective interests of consumers established in a final decision of an administrative authority or a court, including a final injunction order referred to in Article 5(2)(b), is deemed as irrefutably establishing the existence of that infringement for the purposes of any other actions seeking redress before their national courts against the same trader for the same infringement.
2018/11/08
Committee: JURI
Amendment 452 #
Proposal for a directive
Article 10 – paragraph 3
3. Member States shall ensure that a final declaratory decision referred to in Article 6(2) is deemed as irrefutably establishing the liability of the trader towards the harmed consumerindividuals 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.
2018/11/08
Committee: JURI
Amendment 455 #
Proposal for a directive
Article 11 – paragraph 1
Member States shall ensure that the submission of a representative action as referred to in Articles 5 and 6 shall have the effect of suspending or interrupting limitation periods applicable to any redress actions for the consumerindividuals concerned, if the relevant rights are subject to a limitation period under Union or national law.
2018/11/08
Committee: JURI
Amendment 470 #
Proposal for a directive
Article 14 – paragraph 3
3. When deciding about the allocation of revenues from fines Member States shall take into account the collective interests of consumer. Member States may decide for such revenues to be allocated to a fund created for the purpose of financing representative actions.
2018/11/08
Committee: JURI
Amendment 478 #
Proposal for a directive
Article 15 – paragraph 2
2. Member States shall take the necessary measures to ensure that in cases where the qualified entities are required to inform consumerindividuals concerned about the ongoing representative action the related cost may be recovered from the trader if the action is successful.
2018/11/08
Committee: JURI
Amendment 483 #
Proposal for a directive
Article 16 – paragraph 2
2. Member States shall ensure that where the infringement affects or is likely to affect consumerindividuals 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 consumerindividuals from different Member States.
2018/11/08
Committee: JURI
Amendment 492 #
Proposal for a directive
Article 18 – paragraph 2
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.deleted
2018/11/08
Committee: JURI
Amendment 496 #
Proposal for a directive
Annex I
[...]deleted
2018/11/08
Committee: JURI