Activities of Heidi HAUTALA related to 2018/0089(COD)
Plenary speeches (2)
Representative actions for the protection of the collective interests of consumers (debate)
Representative actions for the protection of the collective interests of consumers (debate)
Shadow reports (1)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of 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
Legal basis opinions (0)
Amendments (73)
Amendment 40 #
Proposal for a directive
Title 1
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)
Amendment 41 #
Proposal for a directive
Recital -1 (new)
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.
Amendment 43 #
Proposal for a directive
Recital 1
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.
Amendment 51 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2009/22/EC of the European Parliament and of the Council29 enabled qualified entities to bring representative actions primarily aimed at stopping and prohibiting infringements of Union law harmful to the collective interests of consumers. However, that Directive did not sufficiently address the challenges for the enforcement of 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.
Amendment 53 #
Proposal for a directive
Recital 3
Recital 3
(3) A representative action should offer an effective and efficient way of protecting the collective interests of 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.
Amendment 60 #
Proposal for a directive
Recital 4
Recital 4
(4) It is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the Single Market. To prevent the misuse of representative actions, elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed 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.
Amendment 64 #
Proposal for a directive
Recital 5
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.
Amendment 67 #
Proposal for a directive
Recital 6
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.
Amendment 69 #
Proposal for a directive
Recital 7
Recital 7
Amendment 77 #
Proposal for a directive
Recital 8
Recital 8
(8) Building on Directive 2009/22/EC, this Directive should cover both domestic and cross-border infringements, in particular when 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.
Amendment 81 #
Proposal for a directive
Recital 10
Recital 10
(10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers 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.
Amendment 91 #
Proposal for a directive
Recital 11
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.
Amendment 96 #
Proposal for a directive
Recital 12
Recital 12
(12) Since both judicial and administrative procedures may effectively and efficiently serve the protection of the collective interests of consumers 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.
Amendment 98 #
Proposal for a directive
Recital 13
Recital 13
(13) To increase the procedural effectiveness of representative actions, qualified entities should have the possibility to seek different measures within a single representative action or within separate representative actions. These measures should include interim measures for stopping an ongoing practice or prohibiting a practice in case the practice has not been carried out but there is a risk that it would cause serious or irreversible harm to consumers, measures establishing that a given practice constitutes an infringement of law and, if necessary, stopping or prohibiting the practice for the future, as well as measures eliminating the continuing effects of the infringement, including redress. If sought within a single action, qualified entities should be able to seek all relevant measures at the moment of bringing the action or first seek relevant injunctions order and subsequently and if appropriate redress order.
Amendment 101 #
Proposal for a directive
Recital 14
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.
Amendment 105 #
Proposal for a directive
Recital 15
Recital 15
(15) The qualified entity initiating the representative action under this Directive should be a party to the proceedings. 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.
Amendment 106 #
Proposal for a directive
Recital 16
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.
Amendment 109 #
Proposal for a directive
Recital 17
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.
Amendment 114 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of 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.
Amendment 117 #
Proposal for a directive
Recital 19
Recital 19
Amendment 125 #
Proposal for a directive
Recital 20
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.
Amendment 131 #
Proposal for a directive
Recital 21
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.
Amendment 134 #
Proposal for a directive
Recital 22
Recital 22
Amendment 139 #
Proposal for a directive
Recital 23
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.
Amendment 149 #
Proposal for a directive
Recital 26
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.
Amendment 152 #
Proposal for a directive
Recital 27
Recital 27
(27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for 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.
Amendment 155 #
Proposal for a directive
Recital 28
Recital 28
(28) The court and administrative authority should have the power to invite the infringing trader and the qualified entity which brought the representative action to enter into negotiations aimed at reaching a settlement on redress to be provided to 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.
Amendment 156 #
Proposal for a directive
Recital 29
Recital 29
Amendment 160 #
Proposal for a directive
Recital 30
Recital 30
(30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.
Amendment 161 #
Proposal for a directive
Recital 31
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.
Amendment 165 #
Proposal for a directive
Recital 32
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.
Amendment 171 #
Proposal for a directive
Recital 34
Recital 34
Amendment 176 #
Proposal for a directive
Recital 35
Recital 35
(35) Actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed 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.
Amendment 179 #
Proposal for a directive
Recital 37
Recital 37
(37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the 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.
Amendment 185 #
Proposal for a directive
Recital 39
Recital 39
(39) Having regard to the fact that representative actions pursue a public interest by protecting the collective interests of consumers, Member States should ensure that qualified entities are not prevented from bringing representative actions under this Directive because of the costs involved with the procedures.
Amendment 192 #
Proposal for a directive
Recital 41
Recital 41
(41) In order to effectively tackle infringements with cross-border implications the mutual recognition of the legal standing of qualified entities designated in advance in one Member State to seek representative action in another Member State should be ensured. Furthermore, qualified entities from different Member States should be able to join forces within a single representative action in front of a single forum, subject to relevant rules on competent jurisdiction. For reasons of efficiency and effectiveness, one qualified entity should be able to bring a representative action in the name of other qualified entities representing consumerindividuals from different Member States.
Amendment 199 #
Proposal for a directive
Recital 44
Recital 44
(44) The objectives of this Directive, namely establishing a representative action mechanism for the protection of the collective interests of consumers 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.
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of 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.
Amendment 209 #
Proposal for a directive
Article 1 – paragraph 2
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.
Amendment 219 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law 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.
Amendment 221 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not affect rules establishing contractual and non- contractual remedies available to consumers for such infringements under Union or national law.
Amendment 225 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
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;
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective interests of consumers’ means the interests of a number of consumerindividuals;
Amendment 240 #
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘representative action’ means an action for the protection of the collective interests of consumerindividuals to which the consumerindividuals concerned are not parties;
Amendment 275 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
Amendment 289 #
Proposal for a directive
Article 4 – paragraph 3
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.
Amendment 299 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 305 #
Proposal for a directive
Article 5 – title
Article 5 – title
5 Representative actions for the protection of the collective interests of consumers
Amendment 319 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
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.
Amendment 325 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking 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).
Amendment 339 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order for 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.
Amendment 352 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 363 #
Proposal for a directive
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. Paragraph 2 shall not apply iIn the cases where:
Amendment 366 #
Proposal for a directive
Article 6 – paragraph 3 – point a
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;
Amendment 370 #
Proposal for a directive
Article 6 – paragraph 3 – point b
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.
Amendment 375 #
Proposal for a directive
Article 6 – paragraph 4
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.
Amendment 388 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumerindividuals concerned and to meet any adverse costs should the action fail.
Amendment 410 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
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.
Amendment 415 #
Proposal for a directive
Article 8 – paragraph 1
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.
Amendment 418 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 421 #
Proposal for a directive
Article 8 – paragraph 4
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.
Amendment 429 #
Proposal for a directive
Article 8 – paragraph 6
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.
Amendment 434 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected 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.
Amendment 440 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The information referred to in paragraph 1 shall include in intelligible language an explanation of the subject- matter of the representative action, its legal consequences and, if relevant, the subsequent steps to be taken by the consumers concernedindividuals concerned. The modalities and timeframe of the information shall be designed in agreement with the court or administrative authority.
Amendment 444 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
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.
Amendment 448 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that an infringement harming collective interests of consumers established in a final decision of an administrative authority or a court, including a final injunction order referred to in Article 5(2)(b), is deemed as irrefutably establishing the existence of that infringement for the purposes of any other actions seeking redress before their national courts against the same trader for the same infringement.
Amendment 452 #
Proposal for a directive
Article 10 – paragraph 3
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.
Amendment 455 #
Proposal for a directive
Article 11 – paragraph 1
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.
Amendment 470 #
Proposal for a directive
Article 14 – paragraph 3
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.
Amendment 478 #
Proposal for a directive
Article 15 – paragraph 2
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.
Amendment 483 #
Proposal for a directive
Article 16 – paragraph 2
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.
Amendment 492 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 496 #
Proposal for a directive
Annex I
Annex I