7 Amendments of Edina TÓTH related to 2022/0302(COD)
Amendment 101 #
Proposal for a directive
Recital 17
Recital 17
(17) In the interests of legal certainty, it should be clarified that personal injury includes medically recognised damage to psychological health, amounting to an effect on the victim’s psychological integrity that requires medical treatment.
Amendment 225 #
Proposal for a directive
Article 4 – paragraph 1 – point 6 – point a
Article 4 – paragraph 1 – point 6 – point a
(a) death or personal injury, including medically recognised harm to psychological health;
Amendment 367 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the claimant establishdemonstrates that the product does not comply with mandatory safety requirements laid down in Union law or national law that are intended to protect against the risk of the damage that has occurred; or
Amendment 370 #
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the claimant establishdemonstrates that the damage was caused by an obvious malfunction of the product during normal use or under ordinary circumstances.
Amendment 380 #
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Where a national court judgthe claimant demonstrates that the claimant faces excessive difficulties, due to technical or scientific complexity, to prove the defectiveness of the product or the causal link between its defectiveness and the damage, or both, the defectiveness of the product or causal link between its defectiveness and the damage, or both, shall be presumed where the claimant has demonstrated, on the basis of sufficiently relevant evidence, that:by the national court.
Amendment 382 #
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
Amendment 385 #
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b