7 Amendments of Morten LØKKEGAARD related to 2008/0196(COD)
Amendment 407 #
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 661 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. the application of technical protection measures for digital products, where applicable;
Amendment 662 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. the interoperability of digital products with hardware and software according to what the trader is aware of or can reasonably have been aware of, including any lack of interoperability.
Amendment 954 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. For service contracts subject to a right of withdrawal, the consumer is liable for any costs incurred up to the point of withdrawal only when he expressly requested the performance of the contract before the end of the withdrawal period. Such costs should be reasonable and proportionate to the extent of the service already provided up to the point of withdrawal.
Amendment 1103 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. WhereIf 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. may call upon him, on a durable medium, to make the delivery within a period appropriate to the circumstances, which may not be less than seven days, and notify him of his intention to withdraw from the contract if delivery does not take place. If, upon expiry of that period, no action has been taken, it shall be assumed that the consumer has withdrawn from the sales contract. A consumer who has already paid the price shall be entitled to a refund of any sums paid within seven days from the day on which he withdrew from the contract. This shall be without prejudice to the rights of the consumer to claim damages. If the delay is not minor, the consumer is entitled to terminate the contract immediately without giving the trader prior notice according to Article 22 (2).
Amendment 1469 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
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 significantn unreasonable imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
Amendment 1475 #
Proposal for a directive
Article 32 – paragraph 2 b (new)
Article 32 – paragraph 2 b (new)
2b. When assessing whether a contract term is unfair for the consumer, circumstances occurring after the conclusion of the contract can also be taken into account.