55 Amendments of Jürgen CREUTZMANN related to 2008/0196(COD)
Amendment 455 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – introductory part
Article 2 – paragraph 1 – point 8 – introductory part
(8) 'off-premises contract' means any contract between a trader and a consumer for the provision of a good or service:
Amendment 462 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer or any sales or service contractin one of the following situations, or for which an offer was made by the consumer in the same circumstances, or:
Amendment 466 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a – point i (new)
Article 2 – paragraph 1 – point 8 – point a – point i (new)
(i) at the consumer’s workplace or in a private residence unless the consumer, on his own initiative, has previously sent for the trader,
Amendment 467 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a – point ii (new)
Article 2 – paragraph 1 – point 8 – point a – point ii (new)
(ii) at a leisure event run by the trader, or by a third party at least inter alia in the trader's interest, or
Amendment 468 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a – point iii (new)
Article 2 – paragraph 1 – point 8 – point a – point iii (new)
(iii) in a vehicle or a publicly accessible place;
Amendment 473 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
(b) any sales or service contract concluded on business premises but negotiated away from business premises, with the simultaneous physical presence of the trader and the consumerwhich the consumer has been persuaded to conclude by means of negotiations under the circumstances stipulated in point (a).
Amendment 481 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point b a (new)
Article 2 – paragraph 1 – point 8 – point b a (new)
(ba) This shall not include contracts for everyday transactions worth not more than EUR 60 which are performed in full by the trader immediately following their conclusion.
Amendment 497 #
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) 'ancillary contract' means a contract by which the consumer acquires goods or services related to a distance contract or an off-premises contract from a trader, and these goods or services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader.
Amendment 551 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 552 #
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
This Chapter shall not apply to distance and off-premises contracts relating to financial services.
Amendment 558 #
Proposal for a directive
Chapter 2 – title
Chapter 2 – title
Consumer information and withdrawal right for distance and off-premises contracts
Amendment 570 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Prior to the conclusion of any sales or service contract, the traderIn good time before the consumer gives his binding agreement to any distance or off-premises contract, the trader or any person acting in his name or on his behalf shall provide the consumer with the following information, if not already apparent from the context:
Amendment 591 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the price inclusive of taxes, or whereunless the nature of the product or fluctuations on the market, for example for raw materials, means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;
Amendment 602 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) the arrangements for payment, delivery, performance and the complaint handling policy, if they depart from the requirements of professional dilige and performance;
Amendment 615 #
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence of a right of withdrawal, where applicablein so far as a right of withdrawal exists, the conditions, period and procedure for exercising that right; for this purpose, the trader may use the model instructions on withdrawal and the model withdrawal form in Annex I(A) and I(B) respectively or any other clearly worded statement; if the trader informs the consumer using the model instructions on withdrawal in Annex I(A), he shall satisfy these information requirements;
Amendment 673 #
Proposal for a directive
Article 5 – paragraph 3 d (new)
Article 5 – paragraph 3 d (new)
3d. Member States may not introduce or maintain, in their national law, any other provisions than those set out in Article 5 of this Directive, including where they would result in a higher or lower level of consumer protection.
Amendment 697 #
Proposal for a directive
Chapter 3 – title
Chapter 3 – title
Amendment 701 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 703 #
Proposal for a directive
Article 9
Article 9
Amendment 739 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. With respect to contracts that are concluded off- premises, the information provided for in Article 95 shall be given in the order form. Ito the consumer on request in the contract document or on another durable medium before the latter is bound by a contract of this kind or any corresponding offer; it shall be drafted in plain, intelligible language and be legible. The orIf the trader inform shall include the standard withdrawal form set out in Annex I(B)s the consumer of his or her right of withdrawal on a durable medium in accordance with the model instructions on withdrawal in accordance with Appendix I(A), the information requirement under Article 5(1)(e) shall be deemed to be met.
Amendment 777 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With respect to distance contracts, the information provided for in Article 9(a) shall be given or made available to the consumer prior to the conclusion of the contractin good time before the consumer is bound by any distance contract or corresponding offer, in plain and intelligible language and be legible, in a way appropriate to the means of distance communication used.
Amendment 783 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. If a distance contract for services concluded on the internet places the consumer under an obligation to make a payment, the consumer shall only be bound by the contract if the trader has (a) made the consumer aware in a clear and highly visible manner of the total price, including all related price components, and (b) designed his website in such a way that a binding order cannot be placed until the consumer has confirmed that he has read and understood the statement required under letter (a).
Amendment 837 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
In the case of an distance or off-premises contract for the supply of goods, the withdrawal period shall begin from the day whenon which the consumer signs the order form or in cases where the order form is not on paper, when the consumer receives a copy of the order form on another durable mediumor a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered. In the case of the supply of goods in several parts or pieces, the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the final part or final piece.
Amendment 840 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
Amendment 847 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
Amendment 862 #
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Member States may not adopt or maintain rules which go beyond the provisions in this Article, including where they result in a higher or lower level of consumer protection.
Amendment 872 #
Proposal for a directive
Article 13
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(1) and 11(4), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligadate determined in Article 12(1) and (2). Member States may not adopt or maintain rules which go beyond the provisions in this Article, including where they result in a higher or lower level of consumer protections.
Amendment 881 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Amendment 886 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Member States shall not provide for any other formal requirements applicable to this standard withdrawal form.
Amendment 924 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
For sales contracts for which the material possession of the goods has been transferred to the consumer or at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, within fourteseven days from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself.
Amendment 951 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Member States may not adopt or maintain rules which go beyond the provisions in this Article, including where they result in a higher or lower level of consumer protection.
Amendment 956 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. In respect of distance and off-premises contracts, the right of withdrawal shall not apply as regards the following:
Amendment 980 #
Proposal for a directive
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
(ca) where goods are supplied which, due to intervention by the consumer, are no longer marketable and which the trader cannot sell again or can only sell again at a substantial discount, particularly due to their having been combined or mixed with other substances or on grounds of the protection of health or hygiene;
Amendment 981 #
Proposal for a directive
Article 19 – paragraph 1 – point c b (new)
Article 19 – paragraph 1 – point c b (new)
(cb) contracts for which the consumer, in order to respond to an immediate emergency, has requested the immediate performance of the contract by the trader; if, on this occasion, the trader provides or sells additional services or goods other than those which are strictly necessary to meet the immediate emergency of the consumer, the right of withdrawal shall apply to those additional services or goods;
Amendment 983 #
Proposal for a directive
Article 19 – paragraph 1 – point c c (new)
Article 19 – paragraph 1 – point c c (new)
(cc) services tailored to the consumer's personalised requirements or wishes and requiring the supplier to make individual arrangements which he can make no other use of;
Amendment 999 #
Proposal for a directive
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) (f) the supply of newspapers, periodicals and magazines with the exception of subscription contracts;
Amendment 1005 #
Proposal for a directive
Article 19 – paragraph 1 – point g
Article 19 – paragraph 1 – point g
(g) gaming and lottery services, unless the contract was concluded by telephone;
Amendment 1014 #
Proposal for a directive
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. In respect of off-premises contracts, the right of withdrawal shall in addition not apply as regards the following:
Amendment 1019 #
Proposal for a directive
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
(c) contracts for which the consumer has specifically requested the trader, by means of distance communication, to visit his home if the initiative to negotiate the contract was taken by the consumer in one of the situations referred to in Article 2(8)(a)(i). The consumer shall be deemed to have taken the initiative to negotiate the contract if, before the purpose of repairing or performing maintenance upon his property; if on this occasion, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in performing the maintenance or in making the repairnegotiations begin and on the basis of a decision made of his own free will without his having been subject to improper influence, he has specifically asked the trader to visit his place of work or a dwelling to negotiate on the supply of specific services. If, on this occasion, the trader provides goods or renders additional services, the right of withdrawal shall apply to those additional services or goods.;
Amendment 1025 #
Proposal for a directive
Article 19 – paragraph 2 – point c a (new)
Article 19 – paragraph 2 – point c a (new)
(ca) services tailored to the consumer's personalised requirements or wishes and requiring the supplier to make individual arrangements which he can make no other use of;
Amendment 1028 #
Proposal for a directive
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. Member States may not adopt or maintain rules which go beyond the provisions in this Article, including where they result in a higher or lower level of consumer protection.
Amendment 1092 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 1178 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
Amendment 1193 #
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. The trader shall be liable to the consumer for any lack of conformity which exists at the time the risk passes to the consumer. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to:
Amendment 1289 #
Proposal for a directive
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
d) the same defect has reappeared more than once within a short period of time and the trader has already made at least two attempts to effect a repair.
Amendment 1312 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 1341 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replacoriginally purchased goods.
Amendment 1429 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The fact that the consumer had the possibility of influencing the content of certain aspects of a contract term or one specific term, shall noteither exclude nor necessitate the application of this Chapter to other contract terms which form part of the contract.
Amendment 1438 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Contract terms shall be expressed in plain, intelligible language and be legible where the contract is drawn up in writing.
Amendment 1468 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Where aA contract term is not included in Annex II or III, Member States shall ensure that it is regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties'shall be regarded as unfair if, contrary to the requirement of good faith, it substantially disadvantages the consumer, particularly if it is incompatible with fundamental principles of the legislation from which it deviates or if it so restricts essential rights and obligations arising underfrom the nature of the contract, as to the detriment of the consumerjeopardise the attainment of the purpose of the contract.
Amendment 1510 #
Proposal for a directive
Article 38 – paragraph 4
Article 38 – paragraph 4
4. Member States shall ensure that the legal actions referred to in paragraph 2 and 3 may be directed either separately or jointly depending onin accordance with national procedural laws against a number of traders from the same economic sector or their associations which use or recommend the use of the same general contract terms or similar terms.
Amendment 1525 #
Proposal for a directive
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
Pursuant to Article 23 of the Rome I Regulation, contracts between consumers and entrepreneurs in the approximated field are already subject to the law chosen by the parties pursuant to Article 3 of the Rome I Regulation. Articles 6 and 11(4) of the Rome I Regulation shall not apply. The consumer protection provisions referred to in Article 6(2) of the Rome I Regulation, from which no deviation is permitted, are listed exhaustively in this Directive.
Amendment 1565 #
Proposal for a directive
Annex 3 – paragraph 1 – point a
Annex 3 – paragraph 1 – point a
(a) excluding or limiting the legal rights of the consumer vis-à-vis the trader or another party in the event of total or partial non- performance or inadequate performance by the trader of any of the contractual obligations, including the rights of the consumer of offsetting a debt owed to the trader against a claim which the consumer may have against him;Does not affect English version.
Amendment 1575 #
Proposal for a directive
Annex 3 – paragraph 1 – point g
Annex 3 – paragraph 1 – point g
(g) allowing the trader to increase the price agreed with the consumer when the contract was concluded by more than 5% without giving the consumer the right to terminate the contract;
Amendment 1578 #
Proposal for a directive
Annex 3 – paragraph 1 – point i
Annex 3 – paragraph 1 – point i
(i) giving the trader the possibility of transferring his obligations under the contract to a third party, without the consumer's agreement, where to do so may reduce guarantees for the consumer;