Activities of Catherine STIHLER related to 2008/0196(COD)
Plenary speeches (3)
Explanations of vote
Explanations of vote
Explanations of vote
Amendments (54)
Amendment 380 #
Proposal for a directive
Recital 50 a (new)
Recital 50 a (new)
(50a) Requiring a consumer to purchase ancillary goods or services not advertised in the price of the main contract should be presumed to be unfair. Contingent charges, such as penalties for breaching the contract terms, should be presumed to be unfair where they are clearly disproportionate to the costs incurred by the trader.
Amendment 408 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) "consumer" means any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession; Member States may maintain or extend the application of the rules of this Directive to legal or natural persons which are not 'consumers' in the meaning of the previous paragraph.
Amendment 417 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) "trader" means any natural or legal person and anyone acting in the name or on behalf of the trader, irrespective of whether privately or publicly owned who, in contracts covered by this Directive, is acting for purposes relating to this person's trade, business, craft or profession and anyone acting in the name of or on behalf of a trader, irrespective of whether or not this person intends to make profit in the course of this activity;
Amendment 430 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – introductory part
Article 2 – paragraph 1 – point 4 – introductory part
(4) "goods" means any tangible movable item, with the exception of:or intangible item, including water, gas and electricity with the exception of goods sold by way of execution or otherwise by authority of law.
Amendment 435 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Amendment 438 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
Amendment 443 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point c
Article 2 – paragraph 1 – point 4 – point c
Amendment 488 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Amendment 540 #
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 542 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 545 #
Proposal for a directive
Article 4 – paragraph 1 and paragraph 1 a (new)
Article 4 – paragraph 1 and paragraph 1 a (new)
1. Member States may not maintain or introduce, in their national laws, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of as long as they guarantee a higher degree of consumer protection. 1a. The rights resulting from this Directive shall be exercised without prejudice to the provisions of another Community act governing consumer protection.
Amendment 548 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
Unless indicated differently in the respective provisions in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 549 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 b (new)
Article 4 – paragraph 1 – subparagraph 1 b (new)
Where Member States maintain or introduce more stringent provisions to ensure a higher level of consumer protection in the field harmonised by this directive, these provisions must be compatible with the Treaty and must be notified to the Commission. The Commission shall make that information public on a website or in another easily accessible way.
Amendment 550 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1c (new)
Article 4 – paragraph 1 – subparagraph 1c (new)
The rights resulting from this Directive shall be exercised without prejudice to other rights which the consumer may invoke under the national rules governing contractual or non-contractual liability.
Amendment 555 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a New Harmonisation With regard to articles 5-7, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection. Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter, except as provided for in articles 9, 10, 11, Article 13 paragraph 2, Article 19 and 20.
Amendment 562 #
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 578 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the geographical address of the place of business and the identity of the trader, such as his trading name and, where applicable, the geographical address and the identity of the trader on whose behalf he is acting;
Amendment 593 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the final price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable; In case of an open-ended contract, the final price shall mean the total monthly costs.
Amendment 594 #
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) contact details including the telephone number and any other means of distance communication enabling the consumer to contact and communicate with the trader rapidly and directly.
Amendment 616 #
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence, or the asence thereof, of a right of withdrawal, where applicableand the conditions and procedures for exercising that right including the eventual costs of return of the goods, in accordance with Annex 1;
Amendment 709 #
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) The identity of the representative of the seller in the country of residence of the consumer, where appropriate;
Amendment 711 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 818 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 832 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 850 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
Amendment 859 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 875 #
Proposal for a directive
Article 13
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(1)5.1(e), and 11(40(1), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligations.one year after the time specified in article 12.2
Amendment 904 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse any payment received from the consumer withiincluding the costs of delivery received from the consumer without undue delay, and in any case not later than thirty days from the day on which he receives the communication of withdrawal.
Amendment 914 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 931 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
The consumer shall only be charged for the direct costs of returning of the goods unless the trader has agreed to bear(s) shall be borne by the trader unless stipulated otherwise in thate cosntract.
Amendment 938 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The consumer shall only be liable for any diminisis not required to pay for: a) any dinimution in thed 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 periodanything received under the contract caused by inspection and testing; b) any destruction, or loss of, or damage to, anything received under the contract, provided that the consumer used reasonable care to prevent such destruction, loss or damage.
Amendment 949 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
Amendment 950 #
Proposal for a directive
Article 17 – paragraph 2b (new)
Article 17 – paragraph 2b (new)
2b. Except as provided in this Article, the consumer does not incur any liability through the exercise of the right of withdrawal.
Amendment 988 #
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) the supply of winealcoholic beverages, 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;
Amendment 1048 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 1055 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a With regard to articles 21-29a, unless indicated differently in this Directive, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 1132 #
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Payment means 1. Traders shall offer consumers at least one means of payment free of charge. 2. Member States shall prohibit traders to charge consumers with fees that exceed the cost born by the trader for the use of such means.
Amendment 1150 #
Proposal for a directive
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
(c) they are fit for the purposes for which goods of the same type are normally used or; and
Amendment 1155 #
Proposal for a directive
Article 24 – paragraph 2 – point d
Article 24 – paragraph 2 – point d
(d) they show the quality and performance which are normal in goods of the same type including the consideration of the purpose, the appearance and finish, the freedom from minor defects and the durability of the product, availability of after-sales services and of spare parts, the conformity to legal requirements regarding the safety of goods, 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.
Amendment 1194 #
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. 1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer iss are entitled to choose between the following remedies:
Amendment 1204 #
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) have the lack of conformity remedied by repair or replacementrepair,
Amendment 1215 #
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) have the price reducedtion,
Amendment 1217 #
Proposal for a directive
Article 26 – paragraph 1 – point b a (new)
Article 26 – paragraph 1 – point b a (new)
(ba) replacement,
Amendment 1223 #
Proposal for a directive
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) haverescission of the contract rescindedwithin a period of 30 days from the date of receipt of the goods.
Amendment 1250 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
Amendment 1269 #
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. TNotwithstanding paragraph 1(d) the consumer may resort to any remedy available under paragraph 1, where one of the following situations exists:
Amendment 1290 #
Proposal for a directive
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
(d) the same or another defect has reappeared more than once within a short period of time after the good was first repaired or replaced.
Amendment 1343 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
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 asair or replacement, the period specified under paragraph 1 shall be suspended from the timemoment the consumer or a third party indicated byinforms the trader of the lack of conformity until the moment the consumer has reacquired the material possession of the replaced or repaired goods.
Amendment 1350 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 1356 #
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 1368 #
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Unless proved otherwise, any lack of conformity which becomes apparent within six monthtwo years 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.
Amendment 1413 #
Proposal for a directive
Article 29 c (new)
Article 29 c (new)
With regard to articles 30-39, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.
Amendment 1568 #
Proposal for a directive
Annex 3 – paragraph 1 – point c a (new)
Annex 3 – paragraph 1 – point c a (new)
(ca) Applying contingent charges, such as penalties for breaching the contract terms, that are clearly disproportionate to the costs incurred by the trader due to the breach of terms;
Amendment 1569 #
Proposal for a directive
Annex 3 – paragraph 1 – point c b (new)
Annex 3 – paragraph 1 – point c b (new)
(cb) Requiring a consumer to purchase ancillary goods or services not advertised in the price of the main contract;