7 Amendments of Rolandas PAKSAS related to 2010/0383(COD)
Amendment 9 #
Proposal for a regulation
Recital 8
Recital 8
(8) On 22 December 2000, the Council adopted Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgment in civil commercial matters, which replaced the Brussels Convention insofar as Union territory is concerned as between all Member States except Denmark. This Regulation introduced a European enforcement order for uncontested claims to permit the free circulation of judgments, court settlements and authentic documents throughout all the Member States by laying down minimum requirements, without any intermediate proceedings needing to be brought in the Member State of enforcement prior to recognition and enforcement. By Council Decision 2006/325/EC of 27 April 2006, the Union concluded an agreement with Denmark ensuring the application of the provisions of Regulation No 44/2001 in Denmark. The 1988 Lugano Convention was revised by the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, concluded on 30 October 2007 by the Union, Denmark and EFTA states. Continuity in the interpretation of these Conventions and this Regulation should be ensured.
Amendment 10 #
Proposal for a regulation
Article 5 – point 7 – concluding wording
Article 5 – point 7 – concluding wording
provided that this provision shall apply only if it is claimed that the defendant has an interestproperty rights in the cargo or freight or had such an interestrights at the time of salvage.
Amendment 11 #
Proposal for a regulation
Article 19 – point 2 – point a
Article 19 – point 2 – point a
a) in the courts for the place where or from where the employee habitually carries out his work or in the courts for the last place where he did soemployee’s permanent place of work, or
Amendment 16 #
Proposal for a regulation
Article 48
Article 48
Amendment 59 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Union has set itself the objective of maintaining and developing an area of freedom, security and justice, facilitating access to justice, in particular through the principle of mutual recognition of judicial and extra-judicial decisions in civil matters. In order to establish progressively such an area, the Union should adopt, amongst other things, the measures relating to judicial cooperation in civil matters, particularly when necessary for the proper functioning of the internal marketin order to ensure a better functioning of the Area of Freedom, Security and Justice and of the internal market, which can only be promoted at the supranational level.
Amendment 61 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) On 30 November 2000 the Justice and Home Affairs Council adopted a programme of measures for implementation of the principle of mutual recognition of decisions in civil and commercial matters, the aim of which was to abolish all procedures needed for the enforceability of decisions in civil and commercial matters taken in another Member State; it was decided to focus on a pilot project in a very specific sector: the abolition of the exequatur procedure for uncontested claims. It is worth noting that the final aim is to secure the recognition and enforcement of judgments issued in another Member State without any additional intermediary measure being required, which amounts to abolishing the exequatur procedure.
Amendment 119 #
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
3. The court seised of an appeal under Article 57 shall give its decision without delayin 90 days from the date it was seised, except where exceptional circumstances make this impossible.