Activities of Diana WALLIS related to 2008/2233(INI)
Legal basis opinions (0)
Amendments (10)
Amendment 4 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the avoidance, late payment and non-payment of debts is often exacerbated by insufficient care by the parties at the time of their pre-contractual and contractual dealings; whereas there is a need for greater emphasis on commercial awareness and the possible use of 'European' style optional clauses under the Common Frame of Reference (CFR) which would ensure that parties properly consider these issues at the beginning of their commercial relationship,
Amendment 5 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas there are indications that the Late Payments Directive1 is not sufficiently respected or known; whereas if this Directive were now updated and properly implemented it could have considerable impact in reducing late or non-payment, 1 Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions (OJ L 200, 8.8.2000, p. 35).
Amendment 6 #
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas there are huge divergences under national contract and insolvency law as to how creditors might secure their debt at the point of contract, particularly by the use of retention-of-title clauses or other such mechanisms which are sometimes circumvented because of these divergences,
Amendment 19 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that such a manual, to be made available on the European Judicial Network, could be useful at best as a general guide to what is available in other jurisdictionsto act as guide on how to enforce cross-border debt in each Member State;
Amendment 26 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the question of improving access to commercial registers on a non- discriminatory basis can be dealt with under the e-Justice programme, provided that the right to privacy, including data protection, is protected; considers that the carrying out of a stock-taking exercise of commercial registers will improve access to such registers;
Amendment 35 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the idea of improved cooperation between public enforcement bodies mayshould be wofurther exploring furthered, but points out that such bodies do not exist in all the Member States; considers it would be beneficial to cross-border creditors if the possibility existed to turn to their national authority, which would carry out the actual search to identify their assets on their behalf;
Amendment 40 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges that any European Assets Declaration should be additional to and not replace existing national instruments; considers that in any declaration of assets, assets that are not owned by the debtor (such as leased assets) should be expressly identified and indicated separately from any debtor’s owned assets;
Amendment 51 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges the Commission fully to consider pre-contractual and contractual measures that could be linked with the development of the CFR and any optional instrument leading from the same so as to ensure that parties to European cross- border contracts consider issues of late payment and non-payment when contracting;
Amendment 52 #
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Eagerly anticipates the review of the Late Payments Directive and urges the Commission to proceed with this as quickly as possible given the current economic climate;
Amendment 53 #
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Suggests that a study should be carried out in respect of the divergent national legal approaches to retention of title and other similar mechanisms with a view to ensuring their mutual recognition;