29 Amendments of Kerstin WESTPHAL related to 2008/0196(COD)
Amendment 402 #
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 Directivelegal transactions, is acting for purposes which are outside his trade, business, craft or profession or field of self-employment or employment;
Amendment 412 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'trader' means any natural or legal person who, in contracts covered by this Directive, is acting for purposes relating to his trade, business, craft or profession or field of self- employment or employment and anyone acting in the name of or on behalf of a trader; Or.de (see Article 2(1)
Amendment 424 #
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:s in any condition, including those sold by quantity, volume or weight and digital products;
Amendment 431 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Amendment 439 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point c
Article 2 – paragraph 1 – point 4 – point c
Amendment 484 #
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 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 894 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. The parties shall reimburse each other in full for the services each has rendered to the other as a consequence of the withdrawal. (This is a reference, in terms of legal effects, to the general effects of the withdrawal.)
Amendment 960 #
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 972 #
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) the supply of goods made to the consumer's specifications or clearly personalized or which are liable to deteriorate or expire rapidlyin the case of which withdrawal is incompatible with the nature of the goods, product or service;
Amendment 985 #
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
Amendment 991 #
Proposal for a directive
Article 19 – paragraph 1 – point e
Article 19 – paragraph 1 – point e
Amendment 996 #
Proposal for a directive
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
Amendment 1001 #
Proposal for a directive
Article 19 – paragraph 1 – point g
Article 19 – paragraph 1 – point g
Amendment 1036 #
Proposal for a directive
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
Amendment 1037 #
Proposal for a directive
Article 20 – paragraph 1 – point d
Article 20 – paragraph 1 – point d
Amendment 1042 #
Proposal for a directive
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
Amendment 1045 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 1071 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 1117 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The risk of loss of or damage to the goods shall pass to the consumer when he or a third party, other than the carrier and indicated by the consumer has acquired theactual material possession of the goods.
Amendment 1160 #
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware of, or should not reasonably have been so grossly negligent as to be unaware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.
Amendment 1227 #
Proposal for a directive
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. Damages
Amendment 1232 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 1244 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
Where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort, the consumer may choose to have the price reduced or, to have the contract rescinded or to be paid damages. A trader's effort is disproportionate if it imposes costs on him which, in comparison with the price reduction or the rescission of the contract, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity. Or.de (See Article 26(1).)
Amendment 1318 #
Proposal for a directive
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. In addition to the right of withdrawal, the consumer shall be entitled to claim compensation from the trader.
Amendment 1320 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparentarises within two years as from the time the risk passed to the consumer.
Amendment 1321 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within twohree years as from the time the risk passed to the consumer.
Amendment 1353 #
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4