Activities of Eva LICHTENBERGER related to 2008/0196(COD)
Legal basis opinions (0)
Amendments (14)
Amendment 291 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where the trader has failed to fulfil his obligations to deliver at the agreed moment, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1either immediately rescind the contract or to receive the good at a later date to be determined by the consumer.
Amendment 295 #
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. If delivery does not take place within the new delivery period under paragraph 2, the consumer is entitled to rescind the contract.
Amendment 296 #
Proposal for a directive
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
2b. The consumer may rescind the contract under paragraphs 2 or 3 by giving notice to the trader in writing or on another durable medium. The trader is required to refund any sums paid within seven days from the date he receives the consumer’s notice.
Amendment 306 #
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 or; and
Amendment 309 #
Proposal for a directive
Article 24 – paragraph 2 – point d
Article 24 – paragraph 2 – point d
(d) they show the quality and performance which are normal in goods of the same type including the consideration of the purpose, the appearance and finish, the freedom from minor defects and the durability of the product, availability of after-sales services and of spare parts, 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 311 #
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 315 #
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 by the same means and in due time before;
Amendment 357 #
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Direct producer’s liability 1. The producer is liable towards the consumer to repair or replace the goods for any lack of conformity that existed at the date of the purchase. 2. The producer shall repair or replace the goods, at his choice, at the latest 30 days after having been notified of the lack of conformity without prejudice to article 28.1. 3. This Article is without prejudice to the provisions of national law concerning the right of contribution or recourse.
Amendment 362 #
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 applicable,include the information that the commercial guarantee cannot be transferred to a subsequent buyer.
Amendment 371 #
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, easily and permanently accessible; they should be provided in the language in which the contract is concluded.
Amendment 372 #
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1a. A contract term which has been supplied by the trader in breach of the duty of transparency according to this article shall on that ground alone be considered unfair.
Amendment 373 #
Proposal for a directive
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. The contract terms shall be presented at a place where the consumer reasonably expects to find them.
Amendment 376 #
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 389 #
Proposal for a directive
Article 33
Article 33
Where the trader claims that a contract term has been individually negotiatedis compliant with the transparency requirement of article 31, the burden of proof shall be incumbent on him.