Activities of Eva LICHTENBERGER related to 2011/0284(COD)
Plenary speeches (2)
Common European sales law (debate)
Common European sales law (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on a Common European Sales Law PDF (1 MB) DOC (1 MB)
Legal basis opinions (0)
Amendments (6)
Amendment 222 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Common European Sales Law should comprise of a complete set of fully harmonised mandatory consumer protection rules. In line with Article 114(3) of the Treaty, those rules should guarantee a high level of consumer protection with a view to enhancing consumer confidence in the Common European Sales Law and thus provide consumers with an incentive to enter into cross-border contracts on that basis. The rules should maintain or improve the level of protection that consumers enjoy under Union consumer law. Furthermore, the adoption of this Regulation should not foreclose the revision of the Directive on consumer rights, with the aim of providing full high level harmonisation of consumer protection in the Member States.
Amendment 270 #
Proposal for a regulation
Article 2 – point j – introductory part
Article 2 – point j – introductory part
(j) ‘digital content’ means data which are produced and supplied in digital form, whether or not according to the buyer's specifications and irrespective of whether they are accessed through downloading or streaming, from a tangible medium or through any other means, supplied in exchange of a price or a non-monetary consideration such as personal data, including video, audio, picture or written digital content, digital games, software and digital content which makes it possible to personalise existing hardware or software; it excludes:
Amendment 285 #
Proposal for a regulation
Article 2 – point s a (new)
Article 2 – point s a (new)
(sa) 'repair' means, in the event of lack of conformity, bringing goods or digital content into conformity with the contract;
Amendment 337 #
Proposal for a regulation
Annex I – Article 80 – paragraph 2
Annex I – Article 80 – paragraph 2
Amendment 339 #
Proposal for a regulation
Annex I – Article 82
Annex I – Article 82
Where a trader supplies contract terms which have not been individually negotiated with the consumer within the meaning of Article 7, it has a duty to ensure that they are drafted and communicated in plain, intelligible language.
Amendment 341 #
Proposal for a regulation
Annex I – Article 83 – paragraph 1
Annex I – Article 83 – paragraph 1
1. In a contract between a trader and a consumer, a contract term supplied by the trader which has not been individually negotiated within the meaning of Article 7 is unfair for the purposes of this Section if it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer, contrary to good faith and fair dealing.