Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive on injunctions for the protection of consumers' interests (COM(95)0712 - C4-0127/96 - 96/0025(COD)) (Codecision procedure: first reading)
Date: 1996-11-14
Institutions: Committee on Legal Affairs, European Parliament
Subjects: access to the courts, consumer protection, restriction on competition, right to justice













EUR-Lex - 51996AP0354 - EN






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51996AP0354

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive on injunctions for the protection of consumers' interests (COM(95)0712 - C4-0127/96 - 96/0025(COD)) (Codecision procedure: first reading)  


Official Journal C 362 , 02/12/1996 P. 0236 





A4-0354/96Proposal for a European Parliament and Council Directive on injunctions for the protection of consumers' interests (COM(95)0712 - C4-0127/96 - 96/0025(COD))The proposal was approved with the following amendments:(Amendment 1)Title>Original text>Proposal for a European Parliament and Council Directive on injunctions for the protection of consumers' interests>Text following EP vote>Affects only Spanish version(Amendment 3)Recital 1>Original text>Whereas certain Community directives, listed in the schedule annexed to this Directive, lay down rules with regard to protection of the economic interests of consumers;>Text following EP vote>Whereas certain Community directives, listed in the schedule annexed to this Directive, lay down rules with regard to protection of the economic interests of consumers; whereas these include the interests of persons exercising a commercial, industrial or craft activity and those of the public at large, as against certain unlawful practices and their effects in terms of unfair competition;(Amendment 6)Recital 13>Original text>Whereas Member States should designate at national level the bodies and/or organizations thus qualified for the purposes of this Directive; whereas the principle of mutual recognition should be applied to the bodies and/or organizations thus certified by Member States;>Text following EP vote>Whereas Member States should designate at national level the bodies and/or organizations thus qualified for the purposes of this Directive, including Europe-wide bodies or organizations established within their territory; whereas the principle of mutual recognition should be applied to the bodies and/or organizations thus certified by Member States;(Amendment 7)Recital 15>Original text>Whereas this Directive should be without prejudice to the rules of private international law and the conventions in force between the Member States;>Text following EP vote>Whereas this Directive should be without prejudice to the rules of private international law and the conventions in force between the Member States, from which it follows that the national law applying to the substance of a dispute under the above rules should be applied in full;(Amendment 8)Recital 15a (new)>Text following EP vote>Whereas, where the Member States have established that there should be prior intervention by a national qualified entity with a view to initiating action under this Directive, a deadline of no more than 30 working days should be set, to start upon presentation of the application for intervention to the competent body, after which, should the latter body fail to respond, the applicant shall be entitled to bring an action before the competent authority without further notice;(Amendment 9)Recital 16a (new)>Text following EP vote>Whereas the provisions of this Directive could also be extended to future directives whose aims are adapted to the general objectives which motivate the injunctions regulated in this Directive;(Amendment 10)Article 1(1)>Original text>1. The purpose of this Directive is to coordinate the laws, regulations and administrative provisions of Member States relating to certain remedies designed to protect consumers' interests, so as to ensure the smooth functioning of the internal market.>Text following EP vote>1. The purpose of this Directive is to harmonize the laws, regulations and administrative provisions of Member States relating to certain remedies aimed at protecting the collective interests of consumers and persons exercising a commercial, industrial or craft activity, and the interests of the public at large, against the infringements referred to in Article 2, with a view to ensuring the smooth functioning of the internal market.(Amendment 11)Article 1(2)>Original text>2. For the purposes of this Directive, an infringement shall mean any act contrary to the directives listed in the Annex and transposed into the internal legal order of the Member States which harms consumers' interests.>Text following EP vote>2. For the purposes of this Directive, an infringement shall mean any act contrary to the directives listed in the Annex and transposed into the internal legal order of the Member States which harms consumers' interests or has unfair consequences for competitors, or which is contrary to the interests of the public at large.(Amendment 13)Article 2(1)(a)>Original text>(a) an order, given at very short notice, and where appropriate by way of summary procedure, requiring the cessation of any act that is to be regarded as an infringement;>Text following EP vote>(a) an order with all due expediency, requiring the cessation of any act that is regarded as an infringement;(Amendment 14)Article 2(1)(b)>Original text>(b) where appropriate, adoption of the measures needed to rectify the effects of the infringement, including publication of the decision;>Text following EP vote>(b) where appropriate, to rectify the effects of the infringement by taking or requiring the necessary measures, including publication of the decision;(Amendment 15)Article 2(1)(c)>Original text>(c) an order against the losing party for payment to the plaintiff, in the event of failure to comply with the decision within a time-limit specified by the authority, of a fixed amount for each day's delay or any other amount provided for in national legislation, with a view to ensuring compliance with the decisions.>Text following EP vote>(c) an order against the losing party for payment to the State or the beneficiary provided for in national legislation, in the event of failure to comply with the decision within a time-limit specified by the authority, of a penalty payment for each day's delay or any other financial penalty provided for in national legislation, with a view to ensuring compliance with the decisions.(Amendment 16)Article 2a (new)>Text following EP vote>Article 2aWhere the national legislation of a Member State establishes stricter conditions with regard to the recognition of the interest of associations under its jurisdiction bringing an action, these shall remain unaffected.(Amendment 17)Article 3(1), introduction>Original text>1. For the purposes of this Directive, a 'qualified entity' means any body or organization which, according to national law, has a legitimate interest in ensuring that the provisions referred to in Article 1 are complied with, in particular:>Text following EP vote>1. For the purposes of this Directive, a 'qualified entity' means any body or organization which, being properly constituted according to the law in force in a Member State, has a legitimate interest in ensuring that the provisions referred to in Article 1 are complied with, in particular:(Amendment 18)Article 3(1)(b)>Original text>(b) organizations with a legitimate interest in protecting consumer interests, as well as organizations representing firms or federations of firms, in accordance with the criteria laid down by their national law.>Text following EP vote>(b) organizations with a legitimate interest in protecting consumer interests, as well as organizations representing firms or federations of firms, in so far as they are able to seek the corresponding remedies under their national legislation.(Amendment 19)Article 3(1)(ba)(new)>Text following EP vote>(ba) organizations or associations representing consumers or enterprises at European level.(Amendments 20 and 25)Article 3(2)>Original text>2. For the purposes of this Directive, and without prejudice to the rights granted to other entities under national legislation, each Member State shall draw up at national level a list of entities qualified to bring an action under Article 2. The bodies and organizations included in that list shall receive a document certifying their right to appear before the relevant courts or authorities.>Text following EP vote>2. For the purposes of this Directive, and without prejudice to the rights granted to other entities under national legislation, each Member State shall draw up at national level a list of entities qualified to bring an action under Article 2, including, where appropriate, the organizations or associations existing in its territory referred to in paragraph 1(ba) above. The bodies and organizations included in that list, which must always include the organizations which serve to protect consumers' interests, shall receive a document certifying their right to appear before the relevant courts or authorities.(Amendment 24)Article 4(2)>Original text>2. Member States may provide that direct seisure referred to in paragraph 1 shall be sought only after a prior seisure of the qualified entity of the Member State having territorial jurisdiction, with a view to ensuring that it brings the action provided for in Article 2; in such cases Member States shall give the qualified national entities a reasonable time-limit within which to react.>Text following EP vote>2. Member States may provide that direct seisure referred to in paragraph 1 shall be sought only after a prior seisure of the qualified entity of the Member State having territorial jurisdiction, with a view to ensuring that it brings the action provided for in Article 2; in such cases Member States shall give the qualified entity having territorial jurisdiction a time-limit not exceeding 20 working days following receipt of the application of the qualified entity concerned within which to react.(Amendment 22)Article 5(1)>Original text>1. Member States may introduce or maintain in force a requirement that the party that intends to seek an injunction shall issue a prior notification to the defendant; Member States which rely on this option shall ensure that the rules governing prior notification shall permit an action for an injunction within a reasonable time-limit.>Text following EP vote>1. Member States may introduce or maintain in force a requirement concerning the issuing of an injunction ordering the party responsible for the infringement to cease or modify its unlawful practices as a preliminary to the actions referred to in Article 2; Member States which rely on this option shall ensure that the rules governing such injunctions or prior notification shall permit an action for an injunction to be brought as quickly as possible.(Amendment 23)Article 6>Text following EP vote>1. Without prejudice to Article 1(2) above, coverage under this Directive may be extended to any future directives whose aims are adapted to the general objectives set out in Article 1(1).>Text following EP vote>2. For the purposes of paragraph 1 above, any directive adopted shall obligatorily contain a reference to those provisions and to the Annex to this Directive.>Text following EP vote>3. Notwithstanding the above and in implementation of this Article, the Commission shall submit to the European Parliament and the Council, on a periodic basis, a proposal for the revision of the Annex to this Directive.>Original text>Every three years and for the first time no later than 31 December 2000 the Commission shall present the European Parliament and the Council with a report on the application of this Directive.>Text following EP vote>4. Every three years and for the first time no later than 31 December 2000 the Commission shall present the European Parliament and the Council with a report on the application of this Directive.Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive on injunctions for the protection of consumers' interests (COM(95)0712 - C4-0127/96 - 96/0025(COD))(Codecision procedure: first reading)The European Parliament,- having regard to the Commission proposal to Parliament and the Council, COM(95)0712 - 96/0025(COD)) ((OJ C 107, 13.4.1996, p. 3.)),- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0127/96),- having regard to Rule 58 of its Rules of Procedure,- having regard to the report of the Committee on Legal Affairs and Citizens' Rights and the opinion of the Committee on the Environment, Public Health and Consumer Protection (A4-0354/96),1. Approves the Commission proposal, subject to Parliament's amendments;2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;6. Instructs its President to forward this opinion to the Council and Commission.