Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-03-25-Speech-3-466"
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"en.20090325.34.3-466"2
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".
Mr President, Commissioner, ladies and gentlemen, this report has been approved unanimously in the Committee on Economic and Monetary Affairs. Not only is this an excellent outcome, but also, given the difficult, complex and controversial nature of the issues in question, it is an exceptional one, which should give impetus to and solidly cement the new pillar of private actions, which is vital in making the policy of Community competence effective. This is a new step in the direction of a more advanced and effective policy of responsibilities, which will be more respectful of the rights of victims and more effective in imposing liability on the infringer.
It is also worth highlighting the acceptance of the ‘passing-on’ defence for indirect victims and a system that simplifies and reduces the costs of proceedings. I would also like to emphasise the positive interaction between public and private actions, both in incentivising compensation for victims and in establishing the five-year period for the bringing of actions.
I would like to end by expressing my gratitude to the Commission for the dialogue that has been maintained throughout this procedure and by asking the Commissioner to submit without delay the initiatives required for its developments.
I would therefore like, firstly, to congratulate the rapporteur, Mr Lehne, who has had the principal responsibility for bringing this task to a successful conclusion. The quality of his ideas, his open spirit and readiness to engage in dialogue, and his intelligence in extracting the best compromises have been vital in achieving this. I would like to extend my congratulations to the draftsmen of opinions, the shadow rapporteurs and those who tabled amendments, who have made such a positive contribution to enriching the report.
The Commission’s White Paper entitled ‘Damages actions for breach of the EC antitrust rules’ is a response to a request made by the European Parliament in its resolution on the Green Paper, the content of which it accepts in large part. This is the case when, among other aspects, it endorses the complementary nature of public and private legal actions, and positions itself in favour of group actions, although avoiding the excess of US class actions, thus facilitating the claiming of damages; when it proposes access to relevant information under judicial control, although avoiding a fishing expedition, and when it recognises and calls for the bringing of independent actions or follow-up actions and a voluntary compensation system.
The report stands up for codecision by the European Parliament in the establishment of the legal framework for the bringing of damages actions for breach of EC antitrust rules. This position should not be understood as a denial of the policy of Community competence as a legal basis for the legislation, but as an upgrading of the requirements of the ordinary procedure in this sphere, to meet the higher values recognised in the Treaty.
When a regulation has a significant effect on a fundamental right, such as the right of citizens to effective legal protection – which forms part of the European system and that of the Member States – the democratic principle and respect for national legal traditions – which require that such matters may only be regulated by means of provisions at the legal level, or, in other words, with action by the direct representatives of the public – demands the legislative participation of the European Parliament.
It also establishes a horizontal, integrated approach for tackling the shared problems which the bringing of private legal actions within competition law may have with other realms, thus avoiding a fragmented, inconsistent approach.
Private legal actions may be brought by a public body and also by individual or group actions. This second arrangement may be carried out directly by the victims or indirectly, through qualified entities, whether appointed in advance or designated
such as consumer or business associations. Where actions are brought by qualified entities, the group of victims must be defined in the submission of the application, but the identification of each one can be done later on, although it must be clearly established as soon as possible, avoiding unnecessary delays and complying with the existing legislation. This solution is very important for cases of lower and fragmented damages.
The report raises in a balanced way the question of access to the information necessary for bringing follow-up actions. The protection of business secrets should be safeguarded, as should the effectiveness of clemency programmes, for which guidelines are requested.
Conditions are set so that the decisions taken by an authority which is a member of the Community competition authorities network can become binding in another Member State and so that, with full compliance with the principle of liability, the burden of proof is reversed and it is presumed that fault or blame exist when the existence of a breach has been established."@en1
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"Antolín Sánchez Presedo,"1
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