BETA

29 Amendments of Kerstin WESTPHAL related to 2008/0196(COD)

Amendment 402 #
Proposal for a directive
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;
2010/10/25
Committee: IMCO
Amendment 412 #
Proposal for a directive
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)
2010/10/25
Committee: IMCO
Amendment 424 #
Proposal for a directive
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;
2010/10/25
Committee: IMCO
Amendment 431 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
a) goods sold by way of execution or otherwise by authority of law,deleted
2010/10/25
Committee: IMCO
Amendment 439 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point c
c) electricity;deleted
2010/10/25
Committee: IMCO
Amendment 484 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point b
b) market stalls and fair stands where the trader carries on his activity on a regular or temporary basis;deleted
2010/10/25
Committee: IMCO
Amendment 545 #
Proposal for a directive
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.
2010/10/25
Committee: IMCO
Amendment 894 #
Proposal for a directive
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.)
2010/10/25
Committee: IMCO
Amendment 960 #
Proposal for a directive
Article 19 – paragraph 1 – point a
(a) services where performance has begun, with the consumer's prior express consent, before the end of the fourteen day period referred to in Article 12;deleted
2010/10/25
Committee: IMCO
Amendment 972 #
Proposal for a directive
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;
2010/10/25
Committee: IMCO
Amendment 985 #
Proposal for a directive
Article 19 – paragraph 1 – point d
(d) the supply of wine, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place beyond the time-limit referred to in Article 22(1) and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;deleted
2010/10/25
Committee: IMCO
Amendment 991 #
Proposal for a directive
Article 19 – paragraph 1 – point e
(e) the supply of sealed audio or video recordings or computer software which were unsealed by the consumer;deleted
2010/10/25
Committee: IMCO
Amendment 996 #
Proposal for a directive
Article 19 – paragraph 1 – point f
(f) the supply of newspapers, periodicals and magazines;deleted
2010/10/25
Committee: IMCO
Amendment 1001 #
Proposal for a directive
Article 19 – paragraph 1 – point g
(g) gaming and lottery services;deleted
2010/10/25
Committee: IMCO
Amendment 1036 #
Proposal for a directive
Article 20 – paragraph 1 – point c
(c) concluded with telecommunications operators through public payphones for their use;deleted
2010/10/25
Committee: IMCO
Amendment 1037 #
Proposal for a directive
Article 20 – paragraph 1 – point d
(d) for the supply of foodstuffs or beverages by a trader on frequent and regular rounds in the neighbourhood of his business premises.deleted
2010/10/25
Committee: IMCO
Amendment 1042 #
Proposal for a directive
Article 20 – paragraph 2 – point a
(a) insurance,deleted
2010/10/25
Committee: IMCO
Amendment 1045 #
Proposal for a directive
Article 20 – paragraph 3
3. Articles 8 to 19 shall not apply to distance contracts for the provision of accommodation, transport, car rental services, catering or leisure services as regards contracts providing for a specific date or period of performance. deleted Or.de (See amendment to Article 19(1)(c).)
2010/10/25
Committee: IMCO
Amendment 1071 #
Proposal for a directive
Article 21 – paragraph 3
3. This Chapter shall not apply to the spare parts replaced by the trader when he has remedied the lack of conformity of the goods by repair under Article 26.deleted
2010/10/25
Committee: IMCO
Amendment 1117 #
Proposal for a directive
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.
2010/10/25
Committee: IMCO
Amendment 1160 #
Proposal for a directive
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.
2010/10/25
Committee: IMCO
Amendment 1227 #
Proposal for a directive
Article 26 – paragraph 1 a (new)
1a. Damages
2010/10/25
Committee: IMCO
Amendment 1232 #
Proposal for a directive
Article 26 – paragraph 2
2. The trader shall remedy the lack of conformity by either repair or replacement according to his choice.deleted
2010/10/25
Committee: IMCO
Amendment 1244 #
Proposal for a directive
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).)
2010/10/25
Committee: IMCO
Amendment 1318 #
Proposal for a directive
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.
2010/10/25
Committee: IMCO
Amendment 1320 #
Proposal for a directive
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.
2010/10/25
Committee: IMCO
Amendment 1321 #
Proposal for a directive
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.
2010/10/25
Committee: IMCO
Amendment 1353 #
Proposal for a directive
Article 28 – paragraph 4
4. In order to benefit from his rights under Article 25, the consumer shall inform the trader of the lack of conformity within two months from the date on which he detected the lack of conformity.deleted
2010/10/25
Committee: IMCO