8 Amendments of Sven GIEGOLD related to 2011/0284(COD)
Amendment 11 #
Proposal for a regulation
Recital 35
Recital 35
(35) It is also appropriate to review the functioning of the Common European Sales Law or any other provision of this Regulation after five years of operation. The review should take into account, amongst other things, the need to extend further the scope in relation to business-to- business contracts, market and technological developments in respect of digital content and future developments of the Union acquis. In order to allow the Common European Sales Law to be used for more sophisticated contracts, such as contracts linked to insurance or financial services, the review should also take into account the possibility of extending its scope to encompass a comprehensive common European contract law, including rules on claims in tort, insurance and transport law, and a common European insolvency law, including rules on foreclosure.
Amendment 14 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Common European Sales Law may not be used for contracts between a trader and a consumer where the trader grants or promises to grant to the consumer credit in the form of a deferred payment, loan or other similar financial accommodation or where the trader offers insurance related to goods or services. The Common European Sales Law may be used for contracts between a trader and a consumer where goods, digital content or related services of the same kind are supplied on a continuing basis and the consumer pays for such goods, digital content or related services for the duration of the supply by means of instalments.
Amendment 15 #
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’).
Amendment 18 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. By … [4 years after the date of application of this Regulation], Member States shall provide the Commission with information relating to the application of this Regulation, in particular on the level of acceptance of the Common European Sales Law by SME and non-SME traders, the extent to which its provisions have given rise to litigation and on the state of play concerning differences in the level of consumer protection between the Common European Sales Law and national law. That information shall include a comprehensive overview of the case law of the national courts interpreting the provisions of the Common European Sales Law.
Amendment 23 #
Proposal for a regulation
Annex 1 – Article 14 – paragraph 2
Annex 1 – Article 14 – paragraph 2
2. In the case of a contract of indeterminate duration or a contract containing a subscription, the total price must include the total price per billing period. Where such contracts are charged at a fixed rate, the total price must include the total monthly price. Where the total price cannot be reasonably calculated in advance, the manner in which the price is to be calculated must be provided. Where elements of the price are subject to change at the discretion of the trader, the dates and amounts of the last three changes, where applicable, must be provided.
Amendment 24 #
Proposal for a regulation
Annex 1 – Article 14 - paragraph 3 a (new)
Annex 1 – Article 14 - paragraph 3 a (new)
3a. Where prices included in the total price are subject to exchange rates, this must be clearly indicated along with the current applicable exchange rate, the exchange rate index used in calculating the applicable exchange rate and the date on which the applicable exchange rate will be determined.
Amendment 25 #
Proposal for a regulation
Annex 1 – Article 20 – paragraph 1 – point b
Annex 1 – Article 20 – paragraph 1 – point b
(b) the total price and additional charges and costs, in accordance with Article 14(1);
Amendment 26 #
Proposal for a regulation
Annex 1 – Article 25 – paragraph 1
Annex 1 – Article 25 – paragraph 1
1. Where a distance contract which is concluded by electronic means would oblige the consumer to make a payment, the trader must make the consumer aware in a clear and prominent manner, and immediately before the consumer places the order, of the information required by point (a) of Article 13 (1), Article 14(1) and (2), and point (b) of Article 16.