4 Amendments of Dietmar KÖSTER related to 2015/0287(COD)
Amendment 276 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34 a) In order to increase legal certainty for sellers and overall consumer confidence in cross-border purchases it is necessary to harmonise the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods. In order to achieve a high level of consumer protection this period should be six years.
Amendment 277 #
Proposal for a directive
Recital 34 b (new)
Recital 34 b (new)
(34 b) 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 six years, in order to benefit from the presumption of lack of conformity, the consumer should only establish that the digital content or digital service is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity.
Amendment 638 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The burden of proof with respect to the conformity with the contract at the time indicated in Article 10 shall bAny lack of conformity with the contract which becomes apparent within six years from the time indicated in Article 10 is presumed to have existed at this time unless this is incompatible with the nature onf the supplier. goods or with the nature of the lack of conformity.
Amendment 848 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Time limits The consumer shall be entitled to a remedy for the lack of conformity with the contract of the digital content or digital service where the lack of conformity becomes apparent within six years as from the relevant time for establishing conformity. If, under national legislation, the rights laid down in Article 9 are subject to a limitation period, that period shall not be shorter than six years from the relevant time for establishing conformity with the contract.