Activities of Jürgen KLUTE related to 2013/0185(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union PDF (572 KB) DOC (424 KB)
Amendments (11)
Amendment 30 #
Proposal for a directive
Recital 8
Recital 8
(8) It is therefore necessary to ensure a more level playing field for undertakings operating in the internal market and to improve the conditions for consumers to exercise the rights they derive from the internal market. It is also appropriate to increase legal certainty and to reduce the differences between the Member States as to the national rules governing actions for damages for infringements of European competition law and, when applied in parallel to the latter, national competition law. An approximation of these rules and an obligation for the Member States to introduce collective redress mechanisms based on defined common principles will also help to prevent the emergence of wider differences between the Member States' rules governing actions for damages in competition cases.
Amendment 32 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive reaffirms the acquis communautaire on the Union right to compensation for harm caused by infringements of Union competition law, particularly regarding standing and the definition of damage, as it has been stated in the case-law of the Court of Justice of the European Union, and does not pre-empt any further development thereof. Anyone who has suffered harm caused by an infringement can claim compensation for the actual loss (damnum emergens), for the gain of which he has been deprived (loss of profit or lucrum cessans) and payment of interest accruing from the time the harm occurred until compensation is paid. This right is recognised for any natural or legal person - consumers, undertakings and public authorities alike - irrespective of the existence of a direct contractual relationship with the infringing undertaking, and regardless of whether or not there has been a prior finding of an infringement by a competition authority. This Directive should not require Member States to introduce collective redress mechanisms for the enforcement of Articles 101 and 102 of the Treaty.
Amendment 55 #
Proposal for a directive
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
3. ‘action for damages’ means an action under national law by which an injured party brings a claim for damages before a national court; it may also cover actions by which someone acting on behalf of one or more injured parties brings a claim for damages before a national court, where national law provides for this possibility;
Amendment 87 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) leniency corporate statements at least of the first leniency applicant, excluding annexes; and
Amendment 92 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Disclosure of evidence in the file of a competition authority that doeis not fall into any of the categories listed incovered under paragraphs 1 or 2 of this Article may be ordered in actions for damages at any time, including evidence that exists irrespective of the proceedings of a competition authority.
Amendment 116 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that an undertaking which has been granted immunity from fines by a competition authority under a leniency programme shall be liable to injured parties otwher than its direct or indirect purchasers or providers only whene such injured parties show that they are unable to obtain full compensation from the other undertakings that were involved in the same infringement of competition law.
Amendment 124 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1 – point a
Article 13 – paragraph 2 – subparagraph 1 – point a
(a) the defendant has inflicted, planned or committed an infringement of competition law;
Amendment 126 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1 – point b
Article 13 – paragraph 2 – subparagraph 1 – point b
(b) the infringement resulted in an overcharge for the directany purchaser of the defendant or in a distortion to any competitor; and
Amendment 127 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1 – point b
Article 13 – paragraph 2 – subparagraph 1 – point b
(b) the infringement resulted in an overcharge for the direct purchaser or in a distortion to any competitor of the defendant; and
Amendment 140 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
The Commission shall review this Directive and report to the European Parliament and the Council by [...] at the latest [to be calculated as 5 years after the date set as the deadline for transposition of this Directive.] The Report shall be accompanied by a coherent post-implementation assessment of the functioning of collective redress and collective ADR mechanisms within the competition sector, with particular evaluation of the essence of widening the application of such mechanisms in other sectors as well or establishing such a mechanism at EU level, to secure effective consumer protection and a balanced operation of the internal market.
Amendment 141 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [to be calculated as 2one years after the date of adoption of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.