BETA

Activities of Kurt LECHNER related to 2008/0196(COD)

Plenary speeches (1)

Consumer rights (debate)
2016/11/22
Dossiers: 2008/0196(COD)

Legal basis opinions (0)

Amendments (75)

Amendment 256 #
Proposal for a directive
Recital 11 j (new)
(11j) This Directive does not affect Member States' provisions on the purchase and acquisition of property or the formulation or transfer of rights to property. This also includes agreements connected with such legal acts, especially contracts for purchases from a property developer or leasing contracts.
2010/10/25
Committee: IMCO
Amendment 275 #
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 areContracts concluded away from a trader's business premises are characterised by the fact that the consumer is not prepared for contract negotiations and is under psychological pressure no matter whether they haves 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. In contrast, no such difficult psychological situation applies where contracts are certified using the services of a public office-holder in accordance with the rules of the Member States. Such contracts are therefore not considered to be either off- premises contracts or distance contracts for the purposes of this Directive.
2010/10/25
Committee: IMCO
Amendment 284 #
Proposal for a directive
Recital 16
(16) The definition of durable medium should include all statements made in writing, in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of the computer on which the electronic mail or a pdf file is stored. Any communication by electronic means which provides a durable record in a durable medium is equivalent to "writing".
2010/10/25
Committee: IMCO
Amendment 328 #
Proposal for a directive
Recital 33
(33) Certain exemptions should exist from the right of withdrawal, such as in cases where a right of withdrawal would be inappropriate, given the nature of the product. That is applicable for example to wine supplied a long time after the conclusion of the contract of a speculative nature where the value is dependent on fluctuations in the market (vin en primeur), and exercising a right of withdrawal would unfairly disadvantage the trader or manufacturer. That is applicable in particular to foodstuffs and other hygienically sensitive or perishable goods, for example to electrical appliances for personal care or electrical appliances that come into contact with food.
2010/10/25
Committee: IMCO
Amendment 356 #
Proposal for a directive
Recital 42
(42) When the trader has either refused or has more than once failedfailed at least twice to remedy the lack of conformity the consumer should be entitled to choose freely any of the available remedies. The trader's refusal can be either explicit or implicit, meaning in the latter case that the trader does not respond or ignores the consumer's request to remedy the lack of conformity.
2010/10/25
Committee: IMCO
Amendment 452 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
(7) 'means of distance communication' means any means which, without the simultaneous physical presence of the trader and the consumer, may be used forin the context of the conclusion of a contract between those parties;
2010/10/25
Committee: IMCO
Amendment 463 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a
(a) any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer or any sales or service contract for which an offer was made by the consumer in the same circumstances, orat the consumer’s workplace or in his or another consumer’s home, unless the visit is not made at the consumer’s express wish. This shall exclude contracts which, in accordance with the provisions of the Member States, are certified by a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer concludes the contract only on the basis of careful consideration and with knowledge of its legal scope;
2010/10/25
Committee: IMCO
Amendment 469 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a – point i (new)
(i) ‘Everyday transactions’ Sales or service contracts in which, as a rule, the contract is performed in full immediately following its conclusion.
2010/10/25
Committee: IMCO
Amendment 471 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 –point b
b) any sales or service contract concluded on business premises but negotiated away from business premises, with the simultaneous physical presence of the trader and the consumer.deleted
2010/10/25
Committee: IMCO
Amendment 498 #
Proposal for a directive
Article 2 – paragraph 1 – point 20 a (new)
(20a) ‘goods made to the consumer's specifications or clearly personalised’ means any non-prefabricated goods production of which is completed on the basis of an individual choice or decision by the customer on, for example, colour, size, material or finish, which, because they are made to consumer’s wishes in these respects, are unsaleable or saleable only at an unreasonable discount, and which the trader has clearer identified to the consumer as customised goods.
2010/10/25
Committee: IMCO
Amendment 508 #
Proposal for a directive
Article 3 – paragraph 2
2. This Directive shall only apply to financial services as regards certain off- premises contracts as provided for by Articles 8 to 20, unfair contract terms as provided for by Articles 30 to 39 and general provisions as provided for by Articles 40 to 46, read in conjunction with Article 4 on full harmonisation.
2010/10/25
Committee: IMCO
Amendment 525 #
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 a (new)
This Directive shall not apply to provisions in Member States' laws relating to the legal nature, sale, acquisition or transfer of ownership of immovable property or to the formulation or transfer of rights to ownership of immovable property.
2010/10/25
Committee: IMCO
Amendment 526 #
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 b (new)
Articles 5 to 29 shall not apply to contracts which, in accordance with the provisions of the Member States, are certified by a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;
2010/10/25
Committee: IMCO
Amendment 527 #
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 c (new)
The Member States may decide that this Directive shall apply only to contracts for which the payment to be made by the consumer exceeds a specified amount. The amount may not exceed EUR 100.
2010/10/25
Committee: IMCO
Amendment 528 #
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 d (new)
Articles 12 to 19 shall not apply to distance and off-premises contracts for the provision of accommodation, transport, motor vehicle rental services, catering or leisure services as regards contracts providing for a specific date or period of performance.
2010/10/25
Committee: IMCO
Amendment 572 #
Proposal for a directive
Article 5 – paragraph 1 – point a
(a) the main charactename or descrispticson of the product, to an extent appropriate to the medium and the productgood or service;
2010/10/25
Committee: IMCO
Amendment 577 #
Proposal for a directive
Article 5 – paragraph 1 – point b
(b) the geographical address and the identity of the trader, such as his trading name and, where applicable, the geographicalbusiness address and the identity of the trader on whose behalf he is acting;
2010/10/25
Committee: IMCO
Amendment 595 #
Proposal for a directive
Article 5 – paragraph 1 – point d
d) the arrangements for payment, delivery, performance and the complaint handling policy, if they depart from the requirements of professional diligence;eleted
2010/10/25
Committee: IMCO
Amendment 597 #
Proposal for a directive
Article 5 – paragraph 1 – point d
(d) the arrangements for payment, delivery, and performance and the complaint handling policy, if they depart from the requirements of professional diligence;
2010/10/25
Committee: IMCO
Amendment 630 #
Proposal for a directive
Article 5 – paragraph 1 – point f
(f) the existence and the conditions of after-sales services and commercial guarantees, where applicable;deleted
2010/10/25
Committee: IMCO
Amendment 642 #
Proposal for a directive
Article 5 – paragraph 1 – point h
h) the minimum duration of the consumer's obligations under the contract, where applicable;deleted
2010/10/25
Committee: IMCO
Amendment 643 #
Proposal for a directive
Article 5 – paragraph 1 – point i
i) the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader.deleted
2010/10/25
Committee: IMCO
Amendment 667 #
Proposal for a directive
Article 5 – paragraph 3
3. The information referred to in paragraph 1 shall form an integral part of the sales or service contract.deleted
2010/10/25
Committee: IMCO
Amendment 688 #
Proposal for a directive
Article 6 – paragraph 2
2. Without prejudice to Articles 7(2), 13 and 42, the consequences of any breach of Article 5, shall be determined in accordance with the applicable national law. Member States shall provide in their national laws for effective and proportionate contract law remedies for any breach of Article 5.
2010/10/25
Committee: IMCO
Amendment 704 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
As regards distance or off-premises contracts, the trader shall provide the following information which shall form an integral part of the contract:
2010/10/25
Committee: IMCO
Amendment 717 #
Proposal for a directive
Article 9 – paragraph 1 – point d
(d) the existence of codes of conduct and how they can be obtained, where applicable;deleted
2010/10/25
Committee: IMCO
Amendment 721 #
Proposal for a directive
Article 9 – paragraph 1 – point e
(e) the possibility of having recourse to an amicable dispute settlement, where applicable;deleted
2010/10/25
Committee: IMCO
Amendment 722 #
Proposal for a directive
Article 9 – paragraph 1 – point e
(e) the possibility of having recourse to an amicable dispute settlement, where applicable;deleted
2010/10/25
Committee: IMCO
Amendment 726 #
Proposal for a directive
Article 9 – paragraph 1 – point f
(f) that the contract will be concluded with a trader and as a result that the consumer will benefit from the protection afforded by this Directive.deleted
2010/10/25
Committee: IMCO
Amendment 732 #
Proposal for a directive
Article 10 – title
FPre-contractual formal requirements for off-premises contracts
2010/10/25
Committee: IMCO
Amendment 742 #
Proposal for a directive
Article 10 – paragraph 1
1. With respect to off-premises contracts, the information provided for in Article 9 shall be given in the order formprovided in text form at the consumer’s request. It shall be drafted in plain, intelligible language and be legible. The order form shall include the standard withdrawal form set out in Annex I(B).
2010/10/25
Committee: IMCO
Amendment 746 #
Proposal for a directive
Article 10 – paragraph 2
2. An off-premises contract shall only be valid if the consumer signs an order form and in cases where the order form is not on paper, receives a copy of the order form on another durable medium.deleted
2010/10/25
Committee: IMCO
Amendment 761 #
Proposal for a directive
Article 10 – paragraph 3
3. Member States shall not impose any formal pre-contractual requirements other than those provided for in paragraphs 1 and 2.
2010/10/25
Committee: IMCO
Amendment 767 #
Proposal for a directive
Article 11 – title
Formal pre-contractual requirements for distance contracts
2010/10/25
Committee: IMCO
Amendment 785 #
Proposal for a directive
Article 11 – paragraph 2
2. If the trader makes a telephone call to the consumercontacts the consumer via a long-distance communication medium with a view to concluding a distance contract, he shall disclose his identity and the commercial purpose of the call at the beginning of theeach conversation with the consumer.
2010/10/25
Committee: IMCO
Amendment 821 #
Proposal for a directive
Article 11 – paragraph 5
5. Member States shall not impose any pre-contractual formal requirements other than those provided for in paragraphs 1 to 4.
2010/10/25
Committee: IMCO
Amendment 897 #
Proposal for a directive
Article 16 – paragraph 1
1. The trader shall reimburse any payment received from the consumerthe consumer for all costs for which he is entitled to a refund within thirty days from the day on which he receives the communication of withdrawal, with the exception of those sales contracts in which the trader, pursuant to Paragraph 1a and Article 17 is not required to make the reimbursement until he has received or collected the goods back.
2010/10/25
Committee: IMCO
Amendment 909 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
1a. For sales contracts for which the material possession of the goods has been transferred to the consumer or, at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, within fourteen days from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself. The consumer shall only be charged for the direct cost of returning the goods and for any delivery charges to which the consumer has agreed and which arise from the consumer's desire for non- standard delivery of the items, unless the trader has agreed to bear that cost.
2010/10/25
Committee: IMCO
Amendment 910 #
Proposal for a directive
Article 16 – paragraph 2
2. For sales contracts, the trader may withhold the reimbursement until he has received or collected the goods back, or the consumer has supplied evidence of having sent back the goods, whichever is the earliest.deleted
2010/10/25
Committee: IMCO
Amendment 923 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
For sales contracts for which the material possession of the goods has been transferred to the consumer or at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, within fourteen days from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself.
2010/10/25
Committee: IMCO
Amendment 927 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1 a (new)
During the withdrawal period the consumer who may possibly wish to exercise his right to withdraw shall have a duty of care in respect of the good. In this case, the consumer should only handle or try it in the same manner as he would be allowed to do in a shop and only to the extent necessary to determine its nature, qualities and functioning.
2010/10/25
Committee: IMCO
Amendment 934 #
Proposal for a directive
Article 17 – paragraph 2
2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b). For service contracts subject to a right of withdrawal, the consumer shall bear no cost for services performed, in full or in part, during the withdrawal periodfailure on his part to fulfil the obligations set out in Article 17(1a).
2010/10/25
Committee: IMCO
Amendment 941 #
Proposal for a directive
Article 17 – paragraph 2
2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b). For service contracts subject to a right of withdrawal, the consumer shall bear nothe cost for services performed, in full or in part, during the withdrawal period.
2010/10/25
Committee: IMCO
Amendment 943 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
2 a. The consumer shall not be liable for any diminished value of the goods where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b).
2010/10/25
Committee: IMCO
Amendment 982 #
Proposal for a directive
Article 19 – paragraph 1 – point c – paragraph 1a (new)
1a. services tailored to the consumer's personalised requirements or wishes and requiring the entrepreneur to make individual arrangements which he can make no other use of;
2010/10/25
Committee: IMCO
Amendment 987 #
Proposal for a directive
Article 19 – paragraph 1 – point d
(d) the supply of wine, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place beyond the time-limit referred to in Article 22(1) and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;deleted
2010/10/25
Committee: IMCO
Amendment 1024 #
Proposal for a directive
Article 19 – paragraph 2 – point c a (new)
(ca) The right of withdrawal shall not apply to distance and off-premises contracts which, in accordance with the provisions of the Member States, are certified by a public office holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;
2010/10/25
Committee: IMCO
Amendment 1026 #
Proposal for a directive
Article 19 – paragraph 3
3. The parties may agree not to apply paragraphs 1 and 2.In respect of distance and off-premises contracts, the right of withdrawal shall not apply as regards the following: (a) contracts for the supply of foodstuffs, beverages or other goods intended for current consumption in the household, selected in advance by the consumer by means of distance communication and physically supplied to the consumer's home, residence or workplace by the trader who usually sells such goods on his own business premises; (b) the supply of goods which because of their nature cannot be resold, inter alia on grounds of hygiene or public health, which have been supplied in sealed, transparent packaging and whose packaging or seal has already been opened by the consumer after he or she has been previously informed that the goods may not be returned if the seal has been broken;
2010/10/25
Committee: IMCO
Amendment 1027 #
Proposal for a directive
Article 19 – paragraph 3 a (new)
3a. The parties may agree not to apply paragraphs 1, 2 and 3.
2010/10/25
Committee: IMCO
Amendment 1034 #
Proposal for a directive
Article 20 – paragraph 1 – point a
(a) for the sale of immovable property or relating to other immovable property rights, except for rental and works relating torelating to the sale or acquisition of immovable property or to the formulation or transfer of immovable property rights or in connection with the sale of immovable property or with the formulation or transfer of immovable property rights. This shall also include agreements connected with such legal acts, especially contracts for purchases from a property developer or leasing contracts. This shall be without prejudice to the application of this Directive to contracts on immovable property rental only or on immovable property; works only;
2010/10/25
Committee: IMCO
Amendment 1040 #
Proposal for a directive
Article 20 – paragraph 1 – point d a (new)
(da) relating to financial services.
2010/10/25
Committee: IMCO
Amendment 1057 #
Proposal for a directive
Chapter 4 – title
Other consumer rights specific to sales contractsdeleted
2010/10/25
Committee: IMCO
Amendment 1058 #
Proposal for a directive
Article 21
Scope 1. This Chapter shall apply to sales contracts. Without prejudice to Article 24(5), where the contract is a mixed- purpose contract having as its object both goods and services, this Chapter shall only apply to the goods. 2. This Chapter shall also apply to contracts for the supply of goods to be manufactured or produced. 3. This Chapter shall not apply to the spare parts replaced by the trader when he has remedied the lack of conformity of the goods by repair under Article 26. 4. Member States may decide not to apply this Chapter to the sale of second-hand goods at public auctions.deleted
2010/10/25
Committee: IMCO
Amendment 1082 #
Proposal for a directive
Article 22
Delivery 1. Unless the parties have agreed otherwise, the trader shall deliver the goods by transferring the material possession of 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. 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.deleted
2010/10/25
Committee: IMCO
Amendment 1116 #
Proposal for a directive
Article 23
Passing of risk 1. The risk of loss of or damage to the goods shall pass to the consumer when he or a third party, other than the carrier and indicated by the consumer has acquired the material possession of the goods. 2. The risk referred to in paragraph 1 shall pass to the consumer at the time of delivery as agreed by the parties, if the consumer or a third party, other than the carrier and indicated by the consumer has failed to take reasonable steps to acquire the material possession of the goods.deleted
2010/10/25
Committee: IMCO
Amendment 1136 #
Proposal for a directive
Article 24
Conformity with the contract 1. The trader shall deliver the goods in conformity with the sales contract. 2. Delivered goods shall be presumed to be in conformity with the contract if they satisfy the following conditions: (a) they comply with the description given by the trader and possess the qualities of the goods which the trader has presented to the consumer as a sample or model; (b) they are fit for any particular purpose for which the consumer requires them and which he made known to the trader at the time of the conclusion of the contract and which the trader has accepted; (c) they are fit for the purposes for which goods of the same type are normally used or (d) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling. 3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware, or should reasonably have been aware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer. 4. The trader shall not be bound by public statements, as referred to in paragraph 2(d) if he shows that one of the following situations existed: (a) he was not, and could not reasonably have been, aware of the statement in question; (b) by the time of conclusion of the contract the statement had been corrected; (c) the decision to buy the goods could not have been influenced by the statement. 5. Any lack of conformity resulting from the incorrect installation of the goods shall be considered as a lack of conformity of the goods where the installation forms part of the sales contract and the goods were installed by the trader or under his responsibility. The same shall apply equally if the goods, intended to be installed by the consumer, are installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions.deleted
2010/10/25
Committee: IMCO
Amendment 1176 #
Proposal for a directive
Article 25
Legal rights – Liability for lack of conformity The trader shall be liable to the consumer for any lack of conformity which exists at the time the risk passes to the consumer.deleted
2010/10/25
Committee: IMCO
Amendment 1183 #
Proposal for a directive
Article 26
Remedies for lack of conformity 1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to: (a) have the lack of conformity remedied by repair or replacement, (b) have the price reduced, (c) have the contract rescinded. 2. The trader shall remedy the lack of conformity by either repair or replacement according to his choice. 3. Where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort, the consumer may choose to have the price reduced or the contract rescinded. A trader's effort is disproportionate if it imposes costs on him which, in comparison with the price reduction or the rescission of the contract, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity. The consumer may only rescind the contract if the lack of conformity is not minor. 4. The consumer may resort to any remedy available under paragraph 1, where one of the following situations exists: (a) the trader has implicitly or explicitly refused to remedy the lack of conformity; (b) the trader has failed to remedy the lack of conformity within a reasonable time; (c) the trader has tried to remedy the lack of conformity, causing significant inconvenience to the consumer; (d) the same defect has reappeared more than once within a short period of time. 5. The significant inconvenience for the consumer and the reasonable time needed for the trader to remedy the lack of conformity shall be assessed taking into account the nature of the goods or the purpose for which the consumer acquired the goods as provided for by Article 24(2)(b).deleted
2010/10/25
Committee: IMCO
Amendment 1226 #
Proposal for a directive
Article 26 – paragraph 1 – point c b (new)
(cb) With regard to digital services, when technical problems may cause the download to be delayed or not to be delivered within a reasonable period or when downloading is prevented, the consumer is entitled to a replacement or refund of the digital content;
2010/10/25
Committee: IMCO
Amendment 1241 #
Proposal for a directive
Article 26 – paragraph 2 – indent 1 (new)
- Concerning digital services the trader shall remedy the lack of conformity by either repair or replacement according to his choice.
2010/10/25
Committee: IMCO
Amendment 1311 #
Proposal for a directive
Article 27 – paragraph 2
2. Without prejudice to the provisions of this Chapter, the consumer may claim damages for any loss not remedied in accordance with Article 26.deleted
2010/10/25
Committee: IMCO
Amendment 1319 #
Proposal for a directive
Article 28
Time limits and burden of proof 1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer. 2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods. 3. In the case of second-hand goods, the trader and the consumer may agree on a shorter liability period, which may not be less than one year. 4. In order to benefit from his rights under Article 25, the consumer shall inform the trader of the lack of conformity within two months from the date on which he detected the lack of conformity. 5. Unless proved otherwise, any lack of conformity which becomes apparent within six months of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.deleted
2010/10/25
Committee: IMCO
Amendment 1379 #
Proposal for a directive
Article 29
Commercial guarantees 1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee. 2. The guarantee statement shall be drafted in plain intelligible language and be legible. It shall include the following: a) legal rights of the consumer, as provided for in Article 26 and a clear statement that those rights are not affected by the commercial guarantee, b) set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope and name and address of the guarantor, (c) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable, that the commercial guarantee cannot be transferred to a subsequent buyer. 3. If the consumer so requests, the trader shall make the guarantee statement available in a durable medium. 4. Non compliance with paragraph 2 or 3 shall not affect the validity of the guarantee.deleted
2010/10/25
Committee: IMCO
Amendment 1414 #
Proposal for a directive
Chapter 5 – title
Consumer rights concerning contract termsdeleted
2010/10/25
Committee: IMCO
Amendment 1415 #
Proposal for a directive
Article 30
Scope 1. This Chapter shall apply to contract terms drafted in advance by the trader or a third party, which the consumer agreed to without having the possibility of influencing their content, in particular where such contract terms are part of a pre-formulated standard contract. 2. The fact that the consumer had the possibility of influencing the content of certain aspects of a contract term or one specific term, shall not exclude the application of this Chapter to other contract terms which form part of the contract. 3. This Chapter shall not apply to contract terms reflecting mandatory statutory or regulatory provisions, which comply with Community law and the provisions or principles of international conventions to which the Community or the Member States are party.deleted
2010/10/25
Committee: IMCO
Amendment 1435 #
Proposal for a directive
Article 31
Transparency requirements of contract terms 1. Contract terms shall be expressed in plain, intelligible language and be legible. 2. Contract terms shall be made available to the consumer in a manner which gives him a real opportunity of becoming acquainted with them before the conclusion of the contract, with due regard to the means of communication used. 3. The trader shall seek the express consent of the consumer to any payment in addition to the remuneration foreseen for the trader's main contractual obligation. If the trader has not obtained the consumer's express consent but has inferred it by using default options which the consumer is required to reject in order to avoid the additional payment, the consumer shall be entitled to reimbursement of this payment. 4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer.deleted
2010/10/25
Committee: IMCO
Amendment 1459 #
Proposal for a directive
Article 31 – paragraph 4
4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer.
2010/10/25
Committee: IMCO
Amendment 1464 #
Proposal for a directive
Article 32
General principles 1. Where a contract term is not included in Annex II or III, Member States shall ensure that it is regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer. 2. Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring, at the time of the conclusion of the contract, to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent. When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with Article 31. 3. Paragraphs 1 and 2 shall not apply to the assessment of the main subject matter of the contract or to the adequacy of the remuneration foreseen for the trader's main contractual obligation, provided that the trader fully complies with Article 31.deleted
2010/10/25
Committee: IMCO
Amendment 1481 #
Proposal for a directive
Article 33
Burden of proof Where the trader claims that a contract term has been individually negotiated, the burden of proof shall be incumbent on him.deleted
2010/10/25
Committee: IMCO
Amendment 1486 #
Proposal for a directive
Article 34
Terms considered unfair in all circumstances Member States shall ensure that contract terms, as set out in the list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40.deleted
2010/10/25
Committee: IMCO
Amendment 1494 #
Proposal for a directive
Article 35
Terms presumed to be unfair Member States shall ensure that contract terms, as set out in the list in point 1 of Annex III, are considered unfair, unless the trader has proved that such contract terms are fair in accordance with Article 32. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40.deleted
2010/10/25
Committee: IMCO
Amendment 1502 #
Proposal for a directive
Article 36
Interpretation of terms 1. Where there is doubt about the meaning of a term, the interpretation most favourable to the consumer shall prevail. 2. This Article shall not apply in the context of the procedures laid down in Article 38(2).deleted
2010/10/25
Committee: IMCO
Amendment 1505 #
Proposal for a directive
Article 37
Effects of unfair contract terms Contract terms which are unfair shall not be binding on the consumer. The contract shall continue to bind the parties if it can remain in force without the unfair terms.deleted
2010/10/25
Committee: IMCO
Amendment 1508 #
Proposal for a directive
Article 38
Enforcement in relation to unfair contract terms 1. Member States shall ensure that, in the interests of consumers and competitors, adequate and effective means exist to prevent the continued use of unfair terms in contracts concluded with consumers by traders. 2. In particular, persons or organisations, having a legitimate interest under national law in protecting consumers, may take action before the courts or administrative authorities for a decision as to whether contract terms drawn up for general use are unfair. 3. Member States shall enable the courts or administrative authorities to apply appropriate and effective means to prevent traders from continuing to use terms which have been found unfair. 4. Member States shall ensure that the legal actions referred to in paragraph 2 and 3 may be directed either separately or jointly depending on national procedural laws against a number of traders from the same economic sector or their associations which use or recommend the use of the same general contract terms or similar terms.deleted
2010/10/25
Committee: IMCO
Amendment 1512 #
Proposal for a directive
Article 39
Review of the terms in Annexes 2 and 3 1. Member States shall notify to the Commission the terms which have been found unfair by the competent national authorities and which they deem to be relevant for the purpose of amending this Directive as provided for by paragraph 2. 2. In the light of the notifications received under paragraph 1, the Commission shall amend Annex II and III. Those measures designed to amend non essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).deleted
2010/10/25
Committee: IMCO