120 Amendments of Evelyne GEBHARDT related to 2008/0196(COD)
Amendment 234 #
Proposal for a directive
Recital 8
Recital 8
(8) Full harmonisation of some key regulatory aspects willUnless otherwise specified and respective of Article 159 EU-Treaty, the provisions of this Directive shall not hinder the Member States in introducing or maintaining further regulations, that improve consumer protection. However, the full harmonisation of some key regulatory aspects is justified in order to secure a single regulatory framework for consumer protection and in order to considerably increase legal certainty for both consumers and business. B in cross- border business. In this case, both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business-to-consumer contracts across the Community. The effect will be to eliminate the barriers stemming from the fragmentation of the rules and to complete the internal market in this area. These barriers can only be eliminated by establishing uniform rules at Community level. Furthermore consumers will enjoy a high common level of protection across the Communityus, the consumer will enjoy a high common level of protection across the Union. Furthermore, by establishing uniform rules at Unionlevel, this shall eliminate the barriers stemming from the improportionate fragmentation of the rules and shall complete the internal market in this area.
Amendment 243 #
Proposal for a directive
Recital 11
Recital 11
(11) TWhilst the existing Community legislation on consumer financial services contains numerous rules on consumer protection. For this reason the provisions of this Directive cover contracts relating to financial services only, the consumers in the area of financial services should be able to benefit from this Directive insofar as this is necessary to fill the regulatory gaps.
Amendment 248 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11b) The European Union shall aim for a European Charter of Consumer Rights in the area of financial services. This Charter ought to unify and simplify all existing provisions. It should specify the rights of the consumer such as the access to information, the administration and management of one's own financial records, appropriate advice and education in consumer protection. Moreover financial inclusion shall be promoted, best practices from the Member States shall be incorporated, collective redress shall be facilitated and the participation of the stakholders encouraged. In addition, an annual report shall evaluate the progress in the fulfillment of the measures aimed at in the Charter.
Amendment 278 #
Proposal for a directive
Recital 15
Recital 15
(15) Business premises should include premises in whatever form (such as shops or lorrie, lorries or taxis) which serve as a permanent place of business for the trader. Public transport shall also be included. Market stalls and fair stands should be treated as business premises even though they may be used by the trader on a temporary basis. Other premises which are rented for a short time only and where the trader is not established (such as hotels, restaurants, conference centres, cinemas rented by traders who are not established there) should not be regarded as business premises. Similarly, all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises.
Amendment 390 #
Proposal for a directive
Recital 57
Recital 57
(57) Persons or organisations regarded under national law as having a legitimate interest in protecting consumer contractual rights should be afforded legal remedies for initiating, among which the possibility of initiating collective redress proceedings, either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings.
Amendment 398 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
The purpose of this Directive is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by approximatingachieve higher level of consumer protection, by strengthening the consumer's trust into the internal market. At the same time, the replacement of four existing Directives by this single one should help clarify the rights of consumers. In addition, certain aspects of the laws, regulations and administrative provisions of the Member States concerning contracts between consumers and traders shall be approximated.
Amendment 405 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) "consumer" means any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession; Member States may maintain or extend the application of the rules of this Directive to legal or natural persons which are not "consumers" in the meaning of the previous paragraph.
Amendment 415 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) "trader" means any natural or legal person who, in contracts covered by this Directive, is acting for purposes relating to his trade, business, craft or profession and anyone acting in the name of or on behalf of a trader;, irrespective of whether privately or publicly owned.
Amendment 427 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – introductory part
Article 2 – paragraph 1 – point 4 – introductory part
(4) "goods" means any tangible movable and intangible item, with the exception of:
Amendment 433 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Amendment 441 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point c
Article 2 – paragraph 1 – point 4 – point c
Amendment 448 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) "distance contract' means any sales or service contract where the trader, for the conclusion or the initiation of the contract, makes exclusive use of one or more means of distance communication;
Amendment 486 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Amendment 505 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 518 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 521 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 540 #
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 545 #
Proposal for a directive
Article 4 – paragraph 1 and paragraph 1 a (new)
Article 4 – paragraph 1 and paragraph 1 a (new)
1. Member States may not maintain or introduce, in their national laws, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of as long as they guarantee a higher degree of consumer protection. 1a. The rights resulting from this Directive shall be exercised without prejudice to the provisions of another Community act governing consumer protection.
Amendment 575 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the geographical business address and the identity of the trader, such as his trading name and, where applicable, the geographical business address and the identity of the trader on whose behalf he is acting;
Amendment 586 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the final price inclusive of taxes, or where the nature of the product 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; the total monthly cost has to be indicated in cases of open ended contracts.
Amendment 598 #
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 606 #
Proposal for a directive
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) The procedure of handling complaints, as well as the geographical address of the trader or the trader on whose behalf he/she is acting and the geographical address to which the consumer has to address his complaint;
Amendment 607 #
Proposal for a directive
Article 5 – paragraph 1 – point d b (new)
Article 5 – paragraph 1 – point d b (new)
(db) the possibility of having recourse to appropriate redress mechanisms, including collective redress and alternative dispute resolution systems.
Amendment 611 #
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence or non-existence of a right of withdrawal, as well as the condition and the procedure of the exercice of one's rights, including the possible return costs of the good, where applicable;
Amendment 622 #
Proposal for a directive
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) Information on the financial guarantees to recover advanced payments, in the event of withdrawal from or termination of the contract.
Amendment 623 #
Proposal for a directive
Article 5 – paragraph 1 – point e b (new)
Article 5 – paragraph 1 – point e b (new)
(eb) where applicable, the specification of who will bear the return costs after the withdrawal;
Amendment 634 #
Proposal for a directive
Article 5 – paragraph 1 – point f a (new)
Article 5 – paragraph 1 – point f a (new)
(fa) where applicable, the existence and the conditions of customer service after the purchase, as well as the commercial guarantees;
Amendment 635 #
Proposal for a directive
Article 5 – paragraph 1 – point f b (new)
Article 5 – paragraph 1 – point f b (new)
(fb) where applicable, the existence of a code of conduct and how to have recourse to it
Amendment 637 #
Proposal for a directive
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) the duration of the contract where applicable or if the contract is open-ended or automatically renewable, the conditions for terminating the contract ;
Amendment 650 #
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) the interoperability of digital products with hard-or software, insofar as the trader has knowledge of this fact, as well as any kind of incompatibility.
Amendment 651 #
Proposal for a directive
Article 5 – paragraph 1 – point i b (new)
Article 5 – paragraph 1 – point i b (new)
(ib) that the contract is conluded by a trader and that the consumer is accordingly benefiting from the protection of this Directive;
Amendment 652 #
Proposal for a directive
Article 5 – paragraph 1 – point i c (new)
Article 5 – paragraph 1 – point i c (new)
(ic) the adoption of the technincal protective measures of digital products, where applicable;
Amendment 653 #
Proposal for a directive
Article 5 – paragraph 1 – point i d (new)
Article 5 – paragraph 1 – point i d (new)
(id) the timeframe, during which the offer remains available;
Amendment 654 #
Proposal for a directive
Article 5 – paragraph 1 – point i e (new)
Article 5 – paragraph 1 – point i e (new)
(ie) the specification whether the other party is a consumer, in case the contract has been concluded by an intermediary;
Amendment 665 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Paragraph 1 is not applicable in sales and service contract, that involve dealings of daily life and in which the trader has to render his service immediately when the contract is conluded.
Amendment 674 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. where applicable, if the trader concludes a sales or service contract with a clearly disadvantaged group of consumers, be it on grounds of mental or physical disability or on the basis of age, and if this disadvantage is perceptible by the trader, in this given case the information has to be clear and comprehensible for an average consumer of this group.
Amendment 675 #
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. this article shall not influence, the information requirements that are imposed upon the salesperson by specific legislation of the European Union
Amendment 676 #
Proposal for a directive
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
3c. The burden of proof for the compliance with the required information mentioned in paragraph 1 lies with the trader.
Amendment 677 #
Proposal for a directive
Article 5 – paragraph 3 d (new)
Article 5 – paragraph 3 d (new)
3d. The required information, that has to be provided according to this chapter, has to be formulated in a clear and intelligible language and be legible.
Amendment 690 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Without prejudice to Articles 7(2), 13 and 42, the consequences of any breach of Article 5, shall be determined in accordance with the applicable national law. Member States shall provide in their national laws for effective contract law remedies for any breach of Article 5.Does the trader not comply with any of the information requirements referred to in paragraph 1, the consumer may a) declare the contract as void, unless this leads to unreasonable circumstances; b) claim damages for any loss resulting from the failure to comply with the information requirements
Amendment 706 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the information referred to in Articles 5 and 7 and, by way of derogation from Article 5(1)(d), the arrangements for payment, delivery and performance in all cases;
Amendment 708 #
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) where appropriate, the identity of the representative of the seller in the country of residence of the consumer;
Amendment 712 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) where a right of withdrawal applies, the conditions and procedures for exercising thate right of withdrawal in accordance with Annex I;
Amendment 714 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 716 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 719 #
Proposal for a directive
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) Information on the cost of the means of communication;
Amendment 723 #
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) the possibility of having recourse to an amicable dispute settlement, where applicableppropriate redress mechanisms, including collective redress and alternative dispute resolution systems;
Amendment 725 #
Proposal for a directive
Article 9 – paragraph 1 – point f
Article 9 – paragraph 1 – point f
Amendment 729 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The trader bears the burden of proof that he/she has provided the information required by this Article.
Amendment 749 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. An off-premises contract shall only be valid if the consumer signs an order form and iwhich shall be provided prior to the conclusion of the contract. In cases where the order form is not on paper, the consumer receives a copy of the order form on another durable medium.
Amendment 755 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 771 #
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)s 7 and 9 shall be given or made available to the consumer prior to the conclusion of the contractractual statement, in plain and intelligible language and be legible, in a way appropriate to the means of distance communication used. The information shall be easily, directly and permanently accessible.
Amendment 787 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If the trader makes a telephone call tocontacts the consumer with a view to concluding a distance contract by telephone, the trader shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer his identity and where applicable the identity of the person on whose behalf he makes the call and the commercial purpose of the call.
Amendment 791 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. In case the contract places the consumer under the obligation to make a payment, the trader shall display this obligation clearly and prominently to the consumer, prior to the consumers' contractual statement. The order will be binding only if the consumer has confirmed to be aware of this obligation.
Amendment 796 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide at least the information regarding the main characteristics of the product and the total price, the final price, the duration of the contract and if the contract is open-ended, the conditions for terminanting the contract referred to in Articles 5(1)(a) and (c) on that particular medium in time and prior to the conclusion of such a contract. The other information referred to in Articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 and the consumer shall be informed thereof on a durable medium prior to the conclusion of such a contract.
Amendment 804 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 817 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 831 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 852 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The withdrawal period ends fourteen days at latest after: a) the time of conclusion of the contract; b) the time when the entitled party receives from the other party adequate information on the right to withdrawal; or c) if the subject-matter of the contract is the delivery of goods, the time when the goods are received. d) if the subject-matter of the contract is a mixed-contract (both goods and services), the time when the latest event takes place (delivery of the good or provision of the service).
Amendment 858 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 865 #
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(b5(1h), 10(1) and 11(4), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligationsone year after the time mentioned in Article 12 (2).
Amendment 878 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
The consumer shall inform the trader of his decision to withdraw on a durable medium either in a statement addressed to the trader drafted in his own words or using the standard withdrawal form as set out in Annex I(B). Returning the subject-matter of a contract before the expiration of the withdrawal period is considered as a notice of withdrawal;
Amendment 883 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Amendment 890 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. ForIf the trader gives in case of distance contracts concluded on the Internet, the trader may, in addition to the possibilities referred to in paragraph 1, give the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader's website. In that case the trader, he shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay.
Amendment 899 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse any payment, if applicable including the costs of delivery, received from the consumer withiout delay and not later than thirty days from the day on which he receives the communication of withdrawal.
Amendment 912 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 935 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The consumer shall onlynot be liable for: (a) any diminished value of the goodssubject- matter resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b). For service contracts subject to a right of withdrawal, the consumer shall bear no cost for services performed, in full or in part, during the withdrawal period; (b) any destruction, or loss of, or damage to the subject-matter, provided that the consumer used reasonable care to prevent such destruction, loss or damage.
Amendment 945 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. For services contracts, the consumer is only liable for costs that incurred up to the point of withdrawal when he expressly requested the early performance of the contract. Such costs should be reasonable and proportionate to the service already provided.
Amendment 946 #
Proposal for a directive
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2b. Except as provided in this Article, the consumer does not incur any liability through the exercise of the right of withdrawal.
Amendment 958 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. In respect of distance contracts, the right of withdrawal shall not apply as regards the following: or when a withdrawal from the contract is not reconcilable with the type of good, the product itself or the servic:.
Amendment 961 #
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 969 #
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 992 #
Proposal for a directive
Article 19 – paragraph 1 – point e
Article 19 – paragraph 1 – point e
Amendment 1003 #
Proposal for a directive
Article 19 – paragraph 1 – point g
Article 19 – paragraph 1 – point g
(g) gaming and lottery services; unless the contract has been concluded by phone;
Amendment 1007 #
Proposal for a directive
Article 19 – paragraph 1 – point h
Article 19 – paragraph 1 – point h
Amendment 1068 #
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. This Chapter shall not apply to electricity, except Articles 22 and 23.
Amendment 1085 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Unless the parties have agreed otherwise, the trader shall deliver the goods immeditately after the conclusion of the contract by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer, within a maximum of thirty days from the day of the conclusion of the contract.
Amendment 1095 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where the trader has failed to fulfil his obligations toin meeting the agreed delivery date, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1cancel the contract or set a new final deadline, up until which the good has to be delivered to him/her by the trader.
Amendment 1106 #
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. The consumer is legally entitled to cancel the contract, if the good is once again not delivered until the new deadline set in paragraph 2
Amendment 1107 #
Proposal for a directive
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
2b. According to paragraph 2 or 3, the consumer is entitled to cancel the contract by informing the trader through a written form or any other durable medium. The consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery.
Amendment 1126 #
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. Contracts conlcuded with a consumer shall not exceed a contracutal obligations timeframe of over twelve months .
Amendment 1127 #
Proposal for a directive
Article 23 – paragraph 2 b (new)
Article 23 – paragraph 2 b (new)
2 b. After twelve months the consumer shall be able to terminate the contract at any given time. The termination can be subject to prior notice, which shall not exceed two months.
Amendment 1149 #
Proposal for a directive
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
(c) they are fit for the purposes for which goods of the same type are normally used orand;
Amendment 1154 #
Proposal for a directive
Article 24 – paragraph 2 – point d – introductory part
Article 24 – paragraph 2 – point d – introductory part
(d) they show the quality and performance which are normal in goods of the same type including the consideration of the designated use of the good, the appearance and the completion of it, the non-existence of minor defects and life expectancy of the good, the availability of after-sales service and of replacement equipment, the conformity to legal requirements regarding the safety of goods, and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.
Amendment 1162 #
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware, or shcould not reasonably have been unaware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.
Amendment 1167 #
Proposal for a directive
Article 24 – paragraph 4 – point b
Article 24 – paragraph 4 – point b
(b) by the time of conclusion of the contract the statement had been corrected in due time by the same means of communication;
Amendment 1187 #
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to choose among the following remedies:
Amendment 1201 #
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) have the lack of conformity remedied by repair or replacementrepair,
Amendment 1207 #
Proposal for a directive
Article 26 – paragraph 1 – point a b (new)
Article 26 – paragraph 1 – point a b (new)
(ab) replacement,
Amendment 1213 #
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) have the price reducedtion,
Amendment 1221 #
Proposal for a directive
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) have the contract rescindedWithdrawal from the contract within thirty days from the date of receipt of the goods. The consumer is legally entitled to withdraw from the contract in cases of mixed contract, unless the provision of the services constitutes the main part of the contract.
Amendment 1236 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 1247 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
Amendment 1263 #
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. Tby derogation from paragraph 1 d) the consumer may resort to any remedy available under paragraph 1, where one of the following situations exists:
Amendment 1286 #
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 tim a new one occurred, after a good has been repaired or replaced once.
Amendment 1314 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Without prejudice to the provisions of this Chapter, tThe consumer may claim damages for any loss not remedied in accordance with Article 26. This also applies to non- pecuniary losses caused by non- conformity of the contract insofar as the consumer is entitled to compensation for personal suffering.
Amendment 1323 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparentoccurs within twohree years as from the time the risk passed to the consumer.
Amendment 1338 #
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 byair, the time frame mentioned under paragraph 1 shall be interrupted, when the consumer indicates the lack of conformity to the trader, until the consumer has again acquired the material possessionproperty of the replaced goods.
Amendment 1349 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 1355 #
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 1361 #
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Unless proved otherwise, any lack of conformity which becomes apparent within six monthsone year of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.
Amendment 1381 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement or in case this statement puts the consumer in a disadvantageous position in comparison to the advertising of the commercial guarantee, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.
Amendment 1388 #
Proposal for a directive
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. The guarantee statement shall be drafted in plain intelligible language and be legible. It shall be written in the same language of the contract. The guarantee statement shall include the following:
Amendment 1400 #
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicableincludes the statement, that the commercial guarantee cannot be transferred to a subsequent buyer.
Amendment 1411 #
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
1. The producer is liable for any reparation or delivery of replacement of goods in cases of non-conformity occurred on the date of the purchase. 2. Without prejudice to Article 28 (1), the good has to be repaired or substituted by the producer within 30 days after he/she has been notified by the lack of conformity.
Amendment 1418 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. This Chapter shall apply to contract terms drafted in advanceall written and verbal contracts concluded by the trader or a third party, which theith a consumer agreed to without having the possibility of influencing , regardless whetheir content, in particular where such contract terms are part of athey have pre- formulated the standard contract individually or together.
Amendment 1427 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 1431 #
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 1442 #
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Contract terms shall be made available to the consumer in a manner which gives him a real opportunity of becoming acquainted with them before the conclusion of the contract, with due regard to the means of communication usclear and intelligible manner. Furthermore they shall be simple and accessible and provided in the language in which the contract is concluded.
Amendment 1448 #
Proposal for a directive
Article 31 – paragraph 2 b (new)
Article 31 – paragraph 2 b (new)
2b. A contract term added by the trader, which does not comply with the requirements of transparency provided for in this Article, shall on that ground alone be considered unfair.
Amendment 1454 #
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 1461 #
Proposal for a directive
Article 31 – paragraph 4 a (new)
Article 31 – paragraph 4 a (new)
4a. The contract terms shall be pointed out in a passage, where they are most likely to be expected by the consumer.
Amendment 1466 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Where a 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 and unjustified imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
Amendment 1474 #
Proposal for a directive
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. When evaluating the fairness of a contract term, the competent court or national authority shall consider how the trader has disclosed the contract terms to the consumer as well as the manner with which he has drafted them in accordance with Article 31 (1) and (2).
Amendment 1478 #
Proposal for a directive
Article 32 – paragraph 3 b (new)
Article 32 – paragraph 3 b (new)
3b. Where the contract is concluded for the acquisition of digital products, the terms of use shall not be regarded as being part of the contract.
Amendment 1483 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
Where the trader claims that a contract term has been individually negotiatedcomplies with the transparency requirements provided for in Article 31, the burden of proof shall be incumbent on him.
Amendment 1511 #
Proposal for a directive
Article 39
Article 39
Amendment 1516 #
Proposal for a directive
Article 40
Article 40
Amendment 1518 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Member States and the Commission shall ensure that adequate and effective means exist to ensure compliance with consumer rights as ensured in this Directive.
Amendment 1519 #
Proposal for a directive
Article 41 – paragraph 1 – point 1 (new)
Article 41 – paragraph 1 – point 1 (new)
(1) The means referred to in paragraph 1 shall include European as well as national provisions concerning appropriate redress mechanisms, including collective redress mechanisms and alternative dispute resolution systems.