3 Amendments of Andreas SCHWAB related to 2018/0168(COD)
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2009/103/EC
Article 26 a (new)
Article 26 a (new)
5a. The following Article is inserted: “Article 26a Limitation period 1. Member States shall ensure that a limitation period of at least three years applies to actions under Articles 19 and 20(2) that relate to compensation for personal injury and damage to property resulting from a cross-border road traffic accident. The limitation period shall begin to run from the day on which the claimant became aware, or had reasonable grounds to become aware, of the extent of the injury, loss or damage, its cause and the identity of the person liable and the insurance undertaking covering this person against civil liability or the claim representative or compensation body responsible for providing compensation and against whom the claim is to be brought. 2. Member States shall ensure that where the proper law of the claim provides for a limitation period which is longer than three years, such longer limitation period shall apply. 3. Member States shall ensure that they provide the Commission with up-to- date information on national rules of limitation for damages caused by traffic accidents. The Commission shall make publicly available and accessible, in all Union languages, that general information communicated by Member States.”
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Directive 2009/103/EC
Article 26 b (new)
Article 26 b (new)
5b. The following Article is inserted: “Article 26b Suspension of limits 1. Member States shall ensure that the limitation provided for in Article 26a is suspended during the period between submission by the claimant of his or her claim to: (a) the insurance undertaking of the person who caused the accident or its claims representative referred to in Articles 21 and 22; or (b) the compensation body referred to in Articles 24 and 25, and the defendant’s rejection of the claim. 2. Where the remaining part of the limitation period, once the period of suspension ends, is less than six months, Member States shall ensure that the claimant is granted a minimum period of six additional months to initiate court proceedings. 3. Member States shall ensure that, if a period expires on a Saturday or a Sunday or on one of their official holidays, it shall be extended until the end of the first following working day.”
Amendment 125 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 c (new)
Article 1 – paragraph 1 – point 5 c (new)
Directive 2009/103/EC
Article 26 c (new)
Article 26 c (new)
5c. The following Article is inserted: “Article 26c Calculation of time limits Member States shall ensure that any period of time laid down by this Directive is calculated as follows: (a) calculation shall start on the day following the day on which the relevant event occurred; (b) when a period is expressed as one year or a number of years, it shall expire in the relevant subsequent year in the month having the same name and on the day having the same number as the month and the day on which the said event occurred. If the relevant subsequent month has no day with the same number, the period shall expire on the last day of that month; (c) periods shall not be suspended during court recesses.”