Activities of Alexandra THEIN related to 2011/0284(COD)
Plenary speeches (2)
Common European sales law (debate)
Common European sales law (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on a Common European Sales Law PDF (1 MB) DOC (1 MB)
Amendments (13)
Amendment 232 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The Common European Sales Law may also be used for a contract that is linked to another contract between the same parties that is not a sales contract, a contract for the supply of digital content or a related services contract. The linked contract is governed by the respective national law which is applicable pursuant to Regulations (EC) No 593/2008 and (EC) No 864/2007 or any other relevant conflict of law rule. That law also determines the issue of what counts as a sufficient link between the contracts. Without prejudice to that law, a link can also be assumed where the contract under the CESL is linked to a loan contract concluded between the buyer and a business which is not a party to the contract under the CESL provided that the business uses the services of the seller in preparation for or for entering into the loan contract.
Amendment 233 #
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) The Common European Sales Law may also be used for a contract that includes any element other than the sale of goods, the supply of digital content or the provision of related contracts ("mixed purpose contract"). A mixed purpose contract can only be assumed if all contract elements are agreed upon at the same time in one contract. A mixed purpose contract shall be considered as agreed upon under a linked contract.
Amendment 261 #
Proposal for a regulation
Article 2 – point b
Article 2 – point b
(b) ‘good faith and fair dealing’ means a standard of conduct characterised by honesty, openness and, insofar as it is appropriate, consideration for the interests of the other party to the transaction or relationship in question;
Amendment 267 #
Proposal for a regulation
Article 2 – point f
Article 2 – point f
(f) ‘consumer’ means any natural person who is acting for purposes which are outside that person's trade, business, craft, or profession; the decision as to whether a natural person is acting fully or partly for purposes which come within that person's trade, business, craft or profession depends on how the person in question behaves towards his contracting party;
Amendment 273 #
Proposal for a regulation
Article 2 – point k
Article 2 – point k
(k) ‘'sales contract’' means any contract under which the trader ('the seller') transfers or undertakes to transfer the ownership of the goods to another person ('the buyer'), and the buyer pays or undertakes to pay the price thereof; it includes a contract for the supply of goods to be manufactured or produced and excludes contracts for sale on execution or otherwise involving the exercise of public authority;
Amendment 298 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. In the cases referred to in point (a) of paragraph 1, the linked contract shall be governed by the otherwise applicable law; the otherwise applicable law also determines the issue of what counts as a sufficient link between the contracts.
Amendment 299 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. Where, in the context of the linked contract, one1 of the parties exercises any right, remedy or defence, or that contract is invalid or not binding under the national law applicable to that contract, the obligations of the parties under the contract governed by the Common European Sales Law shall be unaffected unless a party would not have concluded that contract governed by the Common European Sales Law but for the linked contract, or would have done so only on fundamentally different contract terms, in which case that party shall be entitled to terminate the contract governed by the Common European Sales Law; the national law applicable to the linked contract can also provide for an immediate effect on the contract governed by the Common European Sales Law, such as its termination or its invalidity. __________________ 1 The change undertaken is of linguistic nature in order to exclude misunderstandings and mistranslations.
Amendment 301 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Common European Sales Llaw 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')for contracts between businesses and consumers, for contracts between consumers, and for contracts between businesses.
Amendment 302 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 324 #
Proposal for a regulation
Annex I – Article 6
Annex I – Article 6
Unless otherwise stated in the Common European Sales Law or in the respective national law outside the Common European Sales Law which is applicable pursuant to Regulations (EC) No 593/2008 and (EC) No 864/2007 or any other relevant conflict of law rule, a contract, statement or any other act which is governed by it need not be made in or evidenced by a particular form.
Amendment 326 #
Proposal for a regulation
Annex I – Article 13 – paragraph 5 – point c a (new)
Annex I – Article 13 – paragraph 5 – point c a (new)
(ca) is, in accordance with the laws of Member States, established by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful legal consideration and with knowledge of its legal scope;
Amendment 329 #
Proposal for a regulation
Annex I – Article 40 – paragraph 2 – point i a (new)
Annex I – Article 40 – paragraph 2 – point i a (new)
(ia) a contract which, in accordance with the laws of Member States, is established by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful legal consideration and with knowledge of its legal scope.
Amendment 330 #
Proposal for a regulation
Annex I – Article 50 a (new)
Annex I – Article 50 a (new)
Article 50a 1. Where a third person for whose acts a contracting party is responsible or who, with the contracting party's assent, is involved in the making of a contract, (a) causes a mistake, or knows of, or could be expected to know of, a mistake, or (b) is guilty of fraud or threats or unfair exploitation, remedies under this Chapter shall be available as if the behaviour or knowledge had been that of the person with responsibility or giving assent. 2. Where a third person for whose acts a contracting party is not responsible or who does not have the contracting party's assent to be involved in the making of a contract is guilty of fraud or threats, remedies under this Chapter shall be available if the contracting party knew or could reasonably be expected to have known of the relevant facts, or at the time of avoidance did not act in reliance on the contract.