7 Amendments of Sebastian Valentin BODU related to 2009/0054(COD)
Amendment 23 #
Proposal for a directive
Article 2 – point 8
Article 2 – point 8
(8) ‘retenservation of titleownership’ means the contractual agreementclause according to which the seller retains title to the goods in questionhe right of ownership of the goods in question, with ownership not passing from the seller to the buyer until the price has been paid in full;
Amendment 24 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that in commercial transactions between undertakings, the creditor is entitled to interest for late payment, starting as of right from the due date for payment, without the necessity of a reminder if the following conditions are satisfied:
Amendment 30 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that the amounts referred to in paragraph 1 shall be payable without the necessity of a reminder and as compensationonly in the event that the creditor has recovered the debt by forced execution, that there are no execution costs and that no application has been made for the creditor’s own recoverypayment of such costs.
Amendment 31 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 34 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The amounts in question shall compensate for the costs of forced execution, without the creditor being required to provide evidence of those costs. Should the costs of forced execution exceed the amounts indicated in paragraph 1, the legal arrangements applicable to those amounts shall be governed by the national laws of the Member State in concerned.
Amendment 35 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the creditor has not received the amount due on time, unless the debtor is not responsible for the delay.
Amendment 43 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Member States shall provide that a clause in a contract relating to the date for payment, the rate of interest for late payment or recovery costs shall either be unenforceable or shall give rise to a claim for damages if it is grossly unfair to the creditor. In determining whether a clause is grossly unfair to the creditorbe null and void if proved to be unfair. In determining the unfair nature of a clause, all circumstances of the case shall be considered, including good commercial practice and, the nature of the product or the service and the bargaining power of each party. Account shall also be taken of whether the debtor has any objective reason to deviate from the statutory rate of interest or from Article 3(2)(b), Article 4(1) or Article 5(2)(b).