Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-03-25-Speech-3-470"
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"en.20090325.34.3-470"2
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"Mr President, ladies and gentlemen, first a very big thank you to the rapporteur, Mr Lehne, who has done a magnificent job and has found appropriate solutions to a very difficult question in agreement with the Members from the other groups.
I see from the debate that we are all agreed that we need a horizontal approach for all collective claims and I therefore ask the Commission not to table separate proposals by individual Directorates General for each separate area, but at best to give us a truly collective legal redress mechanism covering all areas for the European internal market and for European citizens and of course – as Mrs Wallis said – for European SMEs. We are united in the thought that the interests of those damaged by a cartel must be effectively upheld and that we must subject the European economy to cartel control in accordance with the principle of the social market economy. Nor do we want any abuse of the various national regulations in the form of forum shopping.
However, this evening’s debate has not afforded me very much information on the most effective way of achieving this, because I believe that the potential of collective claims is often overestimated. That is why it is important to lay down again certain benchmarks against which we have to measure all collective claim procedures. We must answer the question of whether additional legal protection for consumers or victims in mass claims, cross-border litigation and litigation which affects more than one Member State really is necessary. We must allow for the Member States’ procedural constraints – opt out, opt in and numerous other points – in the European procedure. If this is simply not possible, as the Commission itself has already partially conceded, then we need the Member States’ legal instruments on board and a common procedure with the Member States’ parliaments in order to serve the interests of European consumers.
We definitely want to avoid collective claims in Europe along the lines of the US model. We want to ensure that compensation is awarded, but only to those who actually sustained losses. We want to advise as emphatically as possible against unjustified claims and we want to promote alternative settlement procedures."@en1
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