[ParlTrack]

Proposal for a directive
Article 9 – paragraph 1

1. In the case of a lack of conformity with the contract, the consumer shall be entitled to have the goods brought into conformity by the seller, free of charge, by repair or replacement at the consumer's choosing, unless the chosen remedy would be impossible, unlawful or disproportionate in accordance with Article 11.

2017/01/25
Committee: IMCO

Othmar KARAS

Proposal for a directive
Article 9 – paragraph 3 – point a

(a) aboth repair orand replacement are impossible or, unlawful or disproportionate in accordance with Article 11;

2017/01/25
Committee: IMCO

Othmar KARAS

Proposal for a directive
Article 9 – paragraph 4

4. The consumer shall be entitled to withhold the payment of ~~any~~the outstanding price, or in the case of a minor lack of conformity an appropriate part of the price, until the seller has brought the goods into conformity with the contract.

2017/01/25
Committee: IMCO

Othmar KARAS

Proposal for a directive
Article 11 – title

~~Consumer's choice between repair and replacement~~Disproportionality of a remedy

2017/01/25
Committee: IMCO

Othmar KARAS

Proposal for a directive
Article 11 – paragraph 1 – introductory part

The consumer may choose between repair and replacement unless the option chosen would be impossible, unlawful or, compared to the other option, would impose costs on the seller that would be disproportionate, taking into account all circumstances, including:A remedy shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable. The following shall be taken into account when deciding whether the costs are unreasonable: (a) the value the goods would have if there were no lack of conformity with the contract; (b) the significance of the lack of conformity with the contract; (c) whether the alternative remedy could be completed without significant inconvenience to the consumer.

2017/01/25
Committee: IMCO

Othmar KARAS

Proposal for a directive
Article 13 – paragraph 3 – point d

(d) ~~the consumer shall~~ pay for any decrease in the value of the goods only to the extent that the decrease in value exceeds depreciation through regular use. ~~The payment for~~Coming into physical possession of the goods is not in itself to be considered a depreciation. The payment to be made for any such decrease in value shall not exceed the price paid for the goods.

2017/01/25
Committee: IMCO

Othmar KARAS

Proposal for a directive
Article 15 – paragraph 4

~~4. The Member States may lay down additional rules on commercial guarantees insofar as those rules do not reduce the protection set out in this Article.~~deleted

2017/01/25
Committee: IMCO

7 Amendments of Othmar KARAS related to 2015/0288(COD)

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