14 Amendments of Tadeusz ZWIEFKA related to 2008/0196(COD)
Amendment 292 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. WhereIf the trader has failed to fulfil his obligations to deliver, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1may call upon him, on a durable medium, to make the delivery within a period appropriate to the circumstances, which may not be less than seven days, and notify him of his intention to withdraw from the contract if delivery does not take place. If, upon expiry of that period, no action has been taken, the consumer can withdraw from the sales contract. A consumer who has already paid the price shall be entitled to a refund of any sums paid within seven days from the day on which he withdrew from the contract. This shall be without prejudice to the rights of the consumer to claim damages.
Amendment 318 #
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, wWhere the goods do not conform to the contract, the consumer is entitled either to:
Amendment 320 #
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 replacement, in accordance with paragraphs 2, 3 and 5, or to
Amendment 321 #
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) have the price reduced,a reasonable reduction in price or rescission of the contract in accordance with paragraphs 4, 5 and 5(a)
Amendment 323 #
Proposal for a directive
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
Amendment 325 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
3. Where the trader haEither of the remedies provided that remedying the lack of conformity by repair or replacement is unlawffor in paragraph 2 shall be deemed disproportionate if it woul,d impossible or would cause the trader a disproportionate effort, the consumer may choose to have the price reduced or the contract rescinded. A trader's effort is disproportionate if it imposes costs on him which, in comparison with the price reduction or the rescission of the contract, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity. e costs on the trader which (a) in the light of what would be the value of the goods if there were no lack of conformity (b) taking into account the significance of the lack of conformity, (c) upon consideration of the question as to whether use could be made of other remedies (repair or replacement) without significance inconvenience for the consumer, would be unreasonable by comparison with the alternative remedy (repair or replacement) Repair or replacement shall take place within a reasonable time and without significant inconvenience for the consumer
Amendment 328 #
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. The consumer may resort to any remedy available under paragraph 1Without prejudice to paragraph 5(b), the consumer may insist on a reasonable reduction in price or rescission of the contract, where one of the following situations exists:
Amendment 329 #
Proposal for a directive
Article 26 – paragraph 4 – point a
Article 26 – paragraph 4 – point a
(a) the trader has implicitly or explicitly refused to remedy the lack of conformity;consumer is entitled to neither repair nor replacement, or
Amendment 330 #
Proposal for a directive
Article 26 – paragraph 4 – point a a (new)
Article 26 – paragraph 4 – point a a (new)
(aa) the trader has refused expressively or by concludent behaviour to remedy the lack of conformity
Amendment 332 #
Proposal for a directive
Article 26 – paragraph 4 – point c
Article 26 – paragraph 4 – point c
(c) the trader has tried to remediedy the lack of conformity, causing significant inconvenience to the consumer;
Amendment 333 #
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 timtwice.
Amendment 336 #
Proposal for a directive
Article 26 – paragraph 5
Article 26 – paragraph 5
5. The significant inconvenience for the consumer and the reasonable time needed for the trader to remedy the lack of conformity shall be assessed taking into account the nature of the goods orand the purpose for which the consumer acrequireds the goods as provided for bym within the meaning of Article 24(2)(b).
Amendment 338 #
Proposal for a directive
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. The consumer shall not be entitled to have the sales contract rescinded if the lack of conformity is minor.
Amendment 341 #
Proposal for a directive
Article 26 – paragraph 5 b (new)
Article 26 – paragraph 5 b (new)
5b. Member States may adopt or maintain provisions of national law giving consumers, in the event of lack of conformity, a free choice from among the remedies referred to in paragraph 1, in order to ensure a higher level of protection for consumers. These measures must be essential in order to protect consumers appropriately, and must be proportionate and effective.