17 Amendments of Liisa JAAKONSAARI related to 2018/0089(COD)
Amendment 42 #
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to enable qualified entities, which represent the 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 for the economic and non-economic damages, such as compensation, repair or price reduction as available under national laws.
Amendment 45 #
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 consumers. 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 consumers within individual actions with regard to their generally weaker position, 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 51 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, energy, telecommunications, competition and environment. It should cover infringements of provisions of Union law which protect the interests of consumers, regardless of whether they are referred to as consumers or as travellers, users, customers, retail investors, retail clients or other 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 consumers is adopted, whether to amend the Annex to the present Directive in order to place it under its scope.
Amendment 53 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should cover a variety of areas such as data protection, financial services, travel and tourism, energy, telecommunications and environment. It should cover all infringements of provisions of Union law which protect the interests of consumers, regardless of whether they are referred to as consumers or as travellers, users, customers, retail investors, retail clients, tenants or other 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 consumers is adopted, whether to amend the Annex to the present Directive in order to place it under its scope.
Amendment 60 #
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. Qualified entities should be registered in a Member State of the European Union. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. 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 65 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Qualified entities should have no structural or financial interrelationship with a third person or organisation that financially benefits of the action by providing legal assistance or financial support.
Amendment 113 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) Within their capacities, qualified entities, competent courts and authorities should inform consumer organisations and the press about ongoing representative action and its decisions.
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shallaims at minimum harmonisation and shall therefore not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national level.
Amendment 153 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point a a (new)
Article 4 – paragraph 1 – subparagraph 2 – point a a (new)
(a a) it is registered in a Member States of the European Union;
Amendment 162 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) it has no structural or financial interrelationship with a third person or organisation that financially benefits of the action by providing legal assistance or financial support.
Amendment 187 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that representative actions according to Article 1 can be brought before national courts or administrative authorities by qualified entities provided that there is a direct relationship between the main objectives of the entity and the rights granted under Union law that are claimed to have been violated in respect of which the action is brought.
Amendment 197 #
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 redress measures eliminating the continuing effects of the infringement. These measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of Union law listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b).
Amendment 210 #
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 the economic and non-economic damages, which obligates the trader to provide for, 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 issuedredress order is issued. . If a Member State does not require a mandate of the individual consumer to join the representative action, this Member State shall nevertheless allow those individuals who are not habitually resident in the Member State where the action occurs, to participate in the representative action, in case they expressed their willingness to be part of the representative action within the applicable time limit.
Amendment 251 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that in cases where a representative action for redress is funded by a third party, transparency as to the origin of the funds is ensured and that it is prohibited for the third party:
Amendment 261 #
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 and file or pursuit their corresponding individual action. The redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the consumers concerned may have under Union or national law.
Amendment 267 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. The first paragraph does not prevent qualified entities from informing, from the beginning of the action, the individual consumers concerned, in order to ensure that they can come forward and that relevant documents and other information necessary for the action are kept.
Amendment 271 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Member States shall ensure that, within their capacities, qualified entities, competent courts and authorities inform consumer organisations and the press about ongoing representative action and its decisions.