8 Amendments of Lara COMI related to 2015/0287(COD)
Amendment 643 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. TWhe burden of proof with respect to the conformity with the contract at the time indicated in Article 10 shall be on the supplierre a lack of conformity becomes apparent within two years from the time indicated in paragraph 10, the supplier shall be liable in respect of that lack of conformity.
Amendment 646 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Amendment 647 #
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Unless there is evidence to the contrary, any lack of conformity that becomes apparent within six months from the time indicated in Article 10 shall be presumed to have already existed at that time.
Amendment 654 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1b shall not apply where the supplier shows that the digital environment of the consumer is not compatible with interoperability and other technical requirements of the digital content and where the supplier informed the consumer of such requirements before the conclusion of the contract.
Amendment 751 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The reduction in price shall be proportionate to the decrease in the value of the digital content which was received by the consumer compared to the value of the digital content that is in conformity with the contract. In determining the amount of the reduction or the amount to be repaid, account shall be taken of use of the digital content by the consumer.
Amendment 822 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. A minor defect shall not constitute grounds for termination of the contract.
Amendment 831 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 837 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the digital content has been supplied in exchange for a payment of a price and overDuring the period of time stipulated in the contract, the consumer may terminate the contract only in relation to that part of the period of time where the digital content has not been in conformity with the contract.