BETA

Activities of Matteo SALVINI related to 2008/0196(COD)

Shadow reports (1)

REPORT on the proposal for a directive of the European Parliament and of the Council on consumer rights PDF (1 MB) DOC (1 MB)
2016/11/22
Committee: IMCO
Dossiers: 2008/0196(COD)
Documents: PDF(1 MB) DOC(1 MB)

Amendments (9)

Amendment 270 #
Proposal for a directive
Recital 14
(14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace. In an off- premises context, consumers are under psychological pressure– i.e. non-commercial – context, consumers could be faced with an unexpected situation in the event of a commercial approach being made, no matter whether they have solicited the trader's visit or not. Furthermore, in order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer's home but concluded in a shop should be regarded as an off-premises contract.
2010/10/25
Committee: IMCO
Amendment 287 #
Proposal for a directive
Recital 16
(16) The definition of durable medium should include in particular paper documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and thecomputer hard drive of the computer on which the electronic mail or a pdf file is storeds on which files or emails are saved in read-only form. Internet sites should not be regarded as durable media unless they meet the above criteria.
2010/10/25
Committee: IMCO
Amendment 311 #
Proposal for a directive
Recital 23
(23) The current varying lengths of the withdrawal periods both between the Member States and for distance and off- premises contracts cause legal uncertainty and compliance costs. The same withdrawal period should apply to all distance and off-premises contracts. In principle, the withdrawal period should end fourteen days after the contract is concluded. However, in the case of distance contracts for the sale of goods, the withdrawal period should end fourteen days after the consumer acquires the material possession of the goods.
2010/10/25
Committee: IMCO
Amendment 362 #
Proposal for a directive
Recital 43 a (new)
(43a) Legislation and case-law in this area in the various Member States show that there is growing concern to ensure a high level of consumer protection. In the light of this trend and of the experience gained in implementing the previous directive (Directive 1994/44/EC), it may be appropriate to provide for the producer's direct liability for defects for which he is responsible.
2010/10/25
Committee: IMCO
Amendment 763 #
Proposal for a directive
Article 10 a (new)
Article 10a With respect to subsequent sales contracts (both distance and off-premises contracts) concluded between the same trader and consumer, the requirements set out in Article 10 shall be regarded as having been fulfilled where the consumer has had an opportunity to see, or to have demonstrated to him, the goods or services which are the subject matter of the transaction or where the formal requirements laid down in Article 10 were complied with during a previous transaction.
2010/10/25
Committee: IMCO
Amendment 1087 #
Proposal for a directive
Article 22 – paragraph 1
1. Unless tThe parties shavell agreed on therwise, the trader shall deliver the goods by transferring the material possession of time period within which the trader is required to deliver 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.
2010/10/25
Committee: IMCO
Amendment 1099 #
Proposal for a directive
Article 22 – paragraph 2
2. Where 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 1.
2010/10/25
Committee: IMCO
Amendment 1181 #
Proposal for a directive
Article 25 a (new)
Article 25a Right of recourse 1. Where it is established that the final seller is liable to the consumer because of a lack of conformity resulting from an act or omission by the producer, a previous seller in the same chain of contracts or any other intermediary, the final seller shall have right of recourse against the persons liable in their contractual relations. 2. The person or persons liable against whom the final seller may pursue remedies, together with the relevant actions and procedure, shall be determined by national law, in such a way as to ensure the effectiveness of that right. 3. A person established as being liable within the meaning of the previous paragraph shall have the burden of proving an absence of responsibility for the lack of conformity, or that the remedy made by the final seller for the consumer was not in fact required.
2010/10/25
Committee: IMCO
Amendment 1182 #
Proposal for a directive
Article 25 b (new)
Article 25b Direct producer’s liability The Member States shall, while respecting the principle of freedom of contract and the other provisions of national law governing relations between the seller, or any other intermediary, and the consumer, establish types of direct head-of-supply-chain liability for any lack of conformity for which the latter are responsible.
2010/10/25
Committee: IMCO