Activities of Sajjad KARIM related to 2011/0284(COD)
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)
Amendments (11)
Amendment 252 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) In order to avoid duplication and to create complementarity with existing EU law this Directive should take into account the principles of directive 2011/83/EU on consumer rights which harmonised rules for distance and off- premises contracts such as pre- contractual information, formal requirements, right of withdrawal, delivery, passing of risk and payment means. This should provide for a solid legal framework of European rules for business who sell goods or digital content to consumers across the Union.
Amendment 253 #
Proposal for a regulation
Recital 37 b (new)
Recital 37 b (new)
(37b) After the adoption of this directive, the European Commission should establish a working group, composed mainly of groups representing consumers and businesses, supported by academics and practitioners, in order to develop standard terms and conditions for on-line business to consumers contracts based on the rules in this directive and the consumer acquis, in particular Directive 2011/83/EU on consumer rights.
Amendment 318 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 320 #
Proposal for a regulation
Article 16 b (new)
Article 16 b (new)
Article 16b The Commission shall carry out an information campaign to inform businesses at national level about these standards terms for on-line consumer transactions based on the European rules.
Amendment 410 #
Proposal for a regulation
Annex I – Article 106 – paragraph 1
Annex I – Article 106 – paragraph 1
1. In the case of non-performance of an obligation by the seller, the buyer may do any of the following: (a) require performance, which includes specific performance, repair or replacement of the goods or digital content, under Section 3 of this Chapter; (b) withhold the buyer's own performance under Section 4 of this Chapter; (c) terminate the contract under Section 5 of this Chapter and claim the return of any price already paid, under Chapter 17; (d) reduce the price under Section 6 of this Chapter; and (e) claim damages under Chapter 16shall be entitled to exercise the rights to remedy contained in paragraphs 2 and 4, where applicable.
Amendment 418 #
Proposal for a regulation
Annex I – Article 106 – paragraph 2
Annex I – Article 106 – paragraph 2
2. If the buyer is a trader: (a), the buyer's rights to exercise any remedy except withholding of performance are subject to cure by the seller as set out in may do any of the following: (a) require performance, which includes specific performance, repair or replacement of the goods or digital content, under Section 23 of this Chapter; and (b) the buyer's rights to rely on lack of conformity are subject to the requirements of examination and notification set out in(b) withhold the buyer's own performance under Section 4 of this Chapter; (c) terminate the contract under Section 5 of this Chapter and claim the return of any price already paid, under Chapter 17; (d) reduce the price under Section 76 of this Chapter; and (e) claim damages under Chapter 16.
Amendment 420 #
Proposal for a regulation
Annex I – Article 106 – paragraph 2 a (new)
Annex I – Article 106 – paragraph 2 a (new)
2 a. Where exercising rights under paragraph 2, the following conditions shall apply, where applicable: (a) the buyer's rights to exercise any remedy except withholding of performance are subject to cure by the seller as set out in Section 2 of this Chapter; and (b) the buyer's rights to rely on lack of conformity are subject to the requirements of examination and notification set out in Section 7 of this Chapter.
Amendment 423 #
Proposal for a regulation
Annex I – Article 106 – paragraph 3
Annex I – Article 106 – paragraph 3
3. If the buyer is a consumer: (a), the buyer's rights are not subject to cure by the seller; and (b) the requirements of examination and notification set out in Section 7 of this Chapter do not apply may choose to either: (a) require performance, which includes specific performance, repair or replacement of the goods or digital content, under Section 3 of this Chapter; or (b) terminate the contract under Section 5 of this Chapter within a reasonable time, and claim the return of any price already paid, under Chapter 17. Where a consumer chooses to exercise this right, the trader may not make a deduction for any use the consumer has had of the goods.
Amendment 425 #
Proposal for a regulation
Annex I – Article 106 – paragraph 4
Annex I – Article 106 – paragraph 4
4. If the seller's non-performance is excused, the buyer may resort to any of the remedies referred to in paragraph 1this Article except requiring performance and damages.
Amendment 426 #
Proposal for a regulation
Annex I – Article 106 – paragraph 4 a (new)
Annex I – Article 106 – paragraph 4 a (new)
4a. Where the buyer chooses to exercise his right under paragraph 4 subparagraph (a), and the seller cannot perform specific performance, repair or replacement of the goods or digital content within a reasonable time or without significant inconvenience to the buyer, the buyer may have further recourse to any of the following: (a) withhold the buyer's own performance under Section 4 of this Chapter; (b) terminate the contract under Section 5 of this Chapter and claim the return of any price already paid, under Chapter 17; (c) reduce the price under Section 6 of this Chapter; and (d) claim damages under Chapter 16.
Amendment 428 #
Proposal for a regulation
Annex I – Article 106 – paragraph 5
Annex I – Article 106 – paragraph 5
5. The buyer may not resort to any of the remedies referred to in paragraph 1this Article to the extent that the buyer caused the seller's non-performance.