Activities of Anneleen VAN BOSSUYT related to 2015/0288(COD)
Shadow reports (1)
REPORT on the amended proposal for a directive of the European Parliament and of the Council on certain aspects concerning contracts for the sales of goods, amending Regulation (EC) No 2006/2004 of the European Parliament and of the Council and Directive 2009/22/EC of the European Parliament and of the Council and repealing Directive 1999/44/EC of the European Parliament and of the Council PDF (833 KB) DOC (140 KB)
Amendments (16)
Amendment 158 #
Proposal for a directive
Recital 25
Recital 25
Amendment 164 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in order to benefit from the presumption of lack of conformity, the consumer should only establish that the good is not conforming and that the lack of conformity became apparent within a year of delivery of the goods, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the Digital Single Market, a fully harmonised order in which remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products.
Amendment 169 #
Proposal for a directive
Recital 27
Recital 27
(27) The consumer's choice between repair andor replacement should only be limited where the optionremedy chosen would be disproportionate compared to the other optionalternative remedy available, impossible or unlawful. For instance, it might be disproportionate to request the replacement of goods because of a minor scratch where this replacement would create significant costs while, at the same time, the scratch could easily be repaired. Where, however, only one remedy is available and that remedy imposes costs on the seller that are disproportionate with regard to the value the goods would have if there were no lack of conformity and to the significance of the lack of conformity, it should be possible to limit the consumer's right to reimbursement of the cost of removing the non-conforming goods to a proportionate amount.
Amendment 177 #
Proposal for a directive
Recital 29
Recital 29
(29) Considering that the right to terminate the contract due to the lack of conformity is an important remedy applicable where repair or replacement are not feasible or have failed, the consumer should also enjoy the right to terminate the contract in cases where the lack of conformity is not minor. This would provide a strong incentive to remedy all cases of a lack of conformity at an early stage. In order to make the right to terminate effective for consumers, in situations where the consumer acquires multiple goods, some being an accessory to the main item which the consumer would not have acquired without the main item, and the lack of conformity impacts that main item, the consumer should have the right to terminate the contract also in relation to the accessory elements, even if the latter are in conformity with the contract.
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down certain requirements concerning distance sales contracts concluded between the seller and the consumer, in particular rules on conformity of goods, remedies in case of non- conformity and the modalities for the exercise of these remedies.
Amendment 231 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘distance 'sales contract’' means any sales contract concluded under an organised distance scheme without the simultaneous physical presence of the seller and the consumer, with the exclusive use of one or more means of distance communication, including via internet, up to and including the time at which the contract is concludedunder which the seller transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object both goods and services;
Amendment 277 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 284 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8 a Burden of proof Any lack of conformity with the contract which becomes apparent within a year from the time indicated in Article 8(1) or (2) shall be presumed to have existed at the time indicated in Article 8(1) or (2) unless this is incompatible with the nature of the goods or with the nature of the lack of conformity.
Amendment 293 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A repair or replacement shall be completed within a reasonable time and without any significant the least possible inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
Amendment 297 #
Proposal for a directive
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The consumer shall be entitled to a proportionate reduction of the price in accordance with Article 12 or to terminate the contract in accordance with Article 13 for a lack of conformity with the contract which is not minor where:
Amendment 314 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9 a Notification about non-conformity 1. In order to benefit from his or her rights, the consumer must notify the seller of a lack of conformity within a period of two months from the date on which he or she detected that lack of conformity. 2. Where the consumer does not notify the seller within the period laid down in paragraph 1, the consumer shall forfeit part of his or her remedies in relation to the particular lack of conformity concerned. 3. The consumer shall have the right to exercise his or her remedies before a court or by means of an alternative dispute resolution system during a period of two years from the moment when the consumer notifies the lack of conformity to the seller.
Amendment 319 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the consumer had installed the goods in a manner consistent with their nature and purpose, bef, the seller shall not be obliged to remove the goods and/or install the replacement goods, nore the lack of conformity with the contract became apparent, the obligation to take back the replaced goods shall include the removal of the non-conforming goods and the installation of replacement goods, or bearing the costs thereofo bear the costs thereof, unless the consumer can prove that the installation was conducted in accordance with the installation instructions and in a manner consistent with the nature and purpose of the goods and the lack of conformity with the contract became apparent only after the installation.
Amendment 328 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
The consumer may choose between repair andor replacement unless the optionremedy chosen would be impossible, or unlawful or, compared to the other optionalternative remedy, would impose costs on the seller that would be disproportionate, taking into account all circumstances, including:
Amendment 347 #
Proposal for a directive
Article 13 – paragraph 3 – point a
Article 13 – paragraph 3 – point a
(a) the seller shall reimburse to the consumer the price paid without undue delay and in any event not later than 14 days from receipt of the noticefter receipt of the notice referred to in paragraph 1 and in any event not later than 14 days after having received the returned goods, and shall bear the cost of the reimbursement;
Amendment 371 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
In the case of second-hand goods, the seller may impose a shorter period than that provided for in the first paragraph. That shorter period may not be less than one year.
Amendment 378 #
Proposal for a directive
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The guarantee statement shall be made available on ato the consumer on paper or, if the consumer agrees, on another durable medium and shall be drafted in plain, intelligible language. A paper copy of the guarantee statement shall be provided to the consumer upon request and free of charge. It shall include the following: