15 Amendments of Kostas CHRYSOGONOS related to 2018/0204(COD)
Amendment 51 #
Proposal for a regulation
Recital 5
Recital 5
(5) The receiving agency should, in all circumstances and with no margin of discretion in that regard, inform the addressee in writing using the standard form that he or she may refuse to accept the document to be served if it is not either in a language which he or she understands or in the official language or one of the official languages of the place of service. . This rule should also apply to any subsequent service once the addressee has exercised his or her right of refusal. The right of refusal should also apply in respect of service by diplomatic or consular agents, service by postal services and direct service. It should be possible to remedy the service of the refused document by serving a translation of the document on the addressee.
Amendment 64 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1393/2007
Article 3 a – paragraph 3
Article 3 a – paragraph 3
3. Where the documents, requests, confirmations, receipts, certificates and other communication referred to in paragraph 1 require or feature a seal or handwritten signature, ‘qualified electronic seals’ and ‘qualified electronic signatures’ as defined in Regulation (EU) No 910/2014 of the European Parliament and of the Council may be used instead, provided that it is fully ensured that the person to be served with the aforementioned documents has obtained knowledge of these documents in sufficient time and in lawful manner.
Amendment 68 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1393/2007
Article 3 a – paragraph 4 a (new)
Article 3 a – paragraph 4 a (new)
4a. The fundamental rights and freedoms of all involved persons, and in particular the right to the protection of personal data and privacy shall be fully observed and respected.
Amendment 70 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1393/2007
Article 3 b – paragraph 3 a (new)
Article 3 b – paragraph 3 a (new)
3a. The Union may co-finance the costs of the installation, operation and maintenance of communication infrastructure access points of the Member States, as well as the costs of establishing and adjusting the national IT systems.
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1393/2007
Article 3 c – paragraph 1 – point c
Article 3 c – paragraph 1 – point c
(c) detailed practical guidance online accessible on the mechanisms available for the determination of the addresses of persons within the framework of the European Judicial Network in civil and commercial matters and with a view to making the information available to the public.
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 Regulation (EC) No 1393/2007
Article 1 – paragraph 1 – point 5 Regulation (EC) No 1393/2007
2. Where the request for service cannot be fulfilled on the basis of the information or documents transmitted, the receiving agency shall contact without delay the transmitting agency in order to secure the missing information or documents.
Amendment 86 #
(a) a language which is presumed that the addressee understands;
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1393/2007
Article 8 – paragraph 1– point b
Article 8 – paragraph 1– point b
Amendment 88 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1393/2007
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The addressee may, based on reasons, refuse to accept the document at the time of service or within two weeks by returning the standard form set out in Annex II to the receiving agency.
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 1393/2007
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Each Member State shall provide the Commission with the information on the type of professions or competent persons who are permitted to carry out service under this Article in their territory. This information shall be accessible online;
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where a document instituting the proceedings has had to be transmitted to another Member State for the purpose of service under the provisions of this Regulation and the defendant has not appeared, judgment shall not be given until it is established that the service or the delivery was effected in sufficient time and in a lawful manner to enable the defendant to defend and that:
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
Amendment 110 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 5 – point a
Article 19 – paragraph 5 – point a
(a) the defendant, without any fault on his part, did not have knowledge of the document in sufficient time and/or in a lawful manner to defend, or knowledge of the judgment in sufficient time to appeal;
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1393/2007
Article 19 – paragraph 5 – point b
Article 19 – paragraph 5 – point b
(b) the defendant has disclosed a prima facie defence to the action on the meritsclaims of the defendant are well-founded.