4 Amendments of Arlene McCARTHY related to 2009/2170(INI)
Amendment 11 #
Motion for a resolution
Annex - Article 5 a – paragraph 1
Annex - Article 5 a – paragraph 1
(1) Without prejudice to Article 4(2) and (3), the law applicable to a non-contractual obligation arising out of violations of privacy and rights relating to personality, including defamation, shall be the law of the country in which the rights of the person seeking compensation for damage are, or are likely to be, directly and substantially affected. However, the law applicable shall be the law of the country in which the person claimed to be liable is habitually resident if he or shewhere the claimant has his or her centre of interests. The claimant must be able to demonstrate that substantial harm has occurred to his or her rights in that country. However, if the person claimed to be liable (the defendant) could not have reasonably have foreseen the substantial consequences of his or hetheir act occurring in the country designated by the first sentence, the law applicable shall be the law of the country in which the defendant is habitually resident.
Amendment 13 #
Motion for a resolution
Annex - Article 5 a – paragraph 1 a (new)
Annex - Article 5 a – paragraph 1 a (new)
(1a) In any case, Member States shall ensure that parties have access to detailed information on alternative forms of dispute resolution before proceeding to court.
Amendment 16 #
Motion for a resolution
Annex – Article 5 a – paragraph 2
Annex – Article 5 a – paragraph 2
(2) When the rights of the person seeking compensation for damageclaimant are, or are likely to be, affected in more than one country, and thatis person sues in the court of the domicile of the defendant, the claimant may instead choose to base his or her claim on the law of the court seised.
Amendment 18 #
Motion for a resolution
Annex – Article 5 a – paragraph 3
Annex – Article 5 a – paragraph 3