5 Amendments of Christel SCHALDEMOSE related to 2011/0373(COD)
Amendment 195 #
Proposal for a directive
Recital 22
Recital 22
(22) When a dispute arises it is necessary that consumers are able to identify quickly which ADR entities are competent to deal with their complaint and to know whether or nobe assured that the trader concerned will participate in proceedings submitted to an ADR entity. Traders should therefore provide such information on their main commercial documents and, where they have a website, on their websites. This obligation should be without prejudice to Articles 6(1)(t), 7(1) and 8 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. Article 6(1)(t) of Directive 2011/83/EU stipulates for consumer contracts concluded at a distance or off premises that the trader has to inform the consumer about the possibility of having recourse to an out- of- court complaint and redress mechanism to which the trader is subject, and the methods for having access to it, before the consumer is bound by the contract. Article 7(1) of Directive 2011/83/EU provides that, in the case of off-premises contracts, this information must be provided on paper or, if the consumer agrees, on another durable medium.
Amendment 198 #
Proposal for a directive
Recital 23
Recital 23
(23) This Directive does not prescribe that participation of traders in ADR procedures be mandatory or that the outcome of such procedures be binding on traders, when a consumer has lodged a complaint against them. However, this Directive is without prejudice to any national rules making the participation of traders in such procedures mandatory or their outcome binding on traders, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system as guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union.
Amendment 224 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to procedures for the out-of-court resolution of contractual disputes arising from the sale of goods or provision of services by a trader established in the Union to a consumer resident in the Union through the intervention of a dispute resolution entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution, hereinafter ‘ADR procedures’. The Member States may decide that decisions taken by their national ADR entities shall be binding on traders, unless one of the parties wishes to have the dispute resolved in court.
Amendment 244 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) "“consumer"” means any natural person who is acting for purposes which are outside his trade, business, craft or profession or who concludes a contract for purposes that are partly inside and partly outside the person’s trade (dual purpose agreements) where the trade purpose is so limited as not to be predominant in the overall context of the supply;
Amendment 340 #
Proposal for a directive
Article 9 – paragraph 2 – point a – point ii
Article 9 – paragraph 2 – point a – point ii
ii) the suggested solution may be less favourable than an outcome determined by a court applying legal rulescomplies with such binding legal rules as may exist in the Member State in which the dispute resolution takes place;