7 Amendments of Mitro REPO related to 2011/0284(COD)
Amendment 345 #
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation establishes a Common European Sales Law. It harmonises the contract laws of the Member States not by requiring amendments to the pre-existing national contract law, but by creating within each Member State's national law a second contract law regime for contracts within its scope. It harmonises the contract laws of the Member States not by requiring amendments to the pre-existing national contract law, but by creating within each Member State's national law a second contract law regime for contracts within its scope. This second regime should be identical throughout the Union and exist alongside the pre-existing rules of national contract law. The Common European Sales Law should apply on a voluntary basis, upon an express agreement of the parties, to a cross-border contract. Consumers would always, in addition, have the right to refuse the application of the Common European Sales Law.
Amendment 351 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to tackle the existing internal market and competition problems in a targeted and proportionate fashion, the personal scope of the Common European Sales Law should focus on parties who are currently dissuaded from doing business abroad by the divergence of national contract laws with the consequence of a significant adverse impact on cross-border trade. It should therefore cover all business-to consumer transactions and contracts between traders where at least one of the parties is an SME drawing upon Commission Recommendation 2003/361 of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises. Where all parties to a contract are traders, it is appropriate to equate individual entrepreneurs and solo entrepreneurs with consumers, because the resources and know-how of such entrepreneurs are very different from those which typify SMEs or micro-enterprises in the EU. This should, however, be without prejudice to the possibility for Member States to enact legislation which makes the Common European Sales Law available for contracts between traders, neither of which is an SME. In any case, in business-to-business transactions, traders enjoy full freedom of contract and are encouraged to draw inspiration from the Common European Sales Law in the drafting of their contractual terms.
Amendment 352 #
Proposal for a regulation
Recital 22
Recital 22
(22) The agreement of the parties to a contract is indispensable for the application of the Common European Sales Law. That agreement should be subject to strict requirements in business-to-consumer transactions. Since, in practice, it will usually be the trader who proposes the use of the Common European Sales Law, consumers must be fully aware of the fact that they are agreeing voluntarily and of their own free will to the use of rules which are different from those of their pre- existing national law. Therefore, the consumer's consent to use the Common European Sales Law should be admissible only in the form of an explicit statement separate from the statement indicating the agreement to the conclusion of the contract. It should therefore not be possible to offer the use of the Common European Sales Law as a term of the contract to be concluded, particularly as an element of the trader's standard terms and conditions. The trader should provide the consumer with a confirmation of the agreement to use the Common European Sales Law on a durable medium.
Amendment 353 #
Proposal for a regulation
Recital 23
Recital 23
(23) In addition to being a conscious choice, the consent of a consumer to the use of the Common European Sales Law should be an informed choice. The trader should therefore not only draw the consumer's attention to the intended use of the Common European Sales Law but should also provide information on its nature and its salient features in good time before the contract is concluded. In order to facilitate this task for traders, thereby avoiding unnecessary administrative burdens, and to ensure consistency in the level and the quality of the information communicated to consumers, traders should supply consumers with the standard information notice provided for in this Regulation and thus readily available in all official languages in the Union. Where it is not possible to supply the consumer with the information notice, for example in the context of a telephone call, or where the trader has failed to provide the information notice, the agreement to use the Common European Sales Law should not be binding on the consumer until the consumer has received the information notice together with the confirmation of the agreement and has subsequently expressed consent.
Amendment 378 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Common European Sales Law may be used only if the seller of goods or the supplier of digital content is a trader. Where all the parties to a contract are traders, the Common European Sales Law may be used if at least one of those parties is a small or medium-sized enterprise ('SME'). With regard to protection, individual entrepreneurs and solo entrepreneurs shall be equated with consumers where all parties to a contract are traders.
Amendment 379 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In relations between a trader and a consumer the agreement on the use of the Common European Sales Law shall be valid only if the consumer's consent is given voluntarily and of his own free will by an explicit statement which is separate from the statement indicating the agreement to conclude a contract. The trader must provide the consumer with a confirmation of that agreement on a durable medium.
Amendment 393 #
Proposal for a regulation
Annex 1 – Article 13 – paragraph 1 – point b
Annex 1 – Article 13 – paragraph 1 – point b
(b) the total price and additional charges and costs, such as taxes, in accordance with Article 14;