Activities of Hella RANNER related to 2008/0196(COD)
Plenary speeches (1)
Explanations of vote
Amendments (8)
Amendment 121 #
Proposal for a directive
Recital 31
Recital 31
(31) Some consumers exercise their right of withdrawal improperly in that they do so after having used the goods to an extent more than necessary to ascertain the nature, quality and functioning of the good. In this case the consumer should be liable for any diminished value of the goodsforfeit the right of withdrawal. In order to ascertain the nature, quality and functioning of a good, the consumer should only handle or try it in the same manner as he would be allowed to do in a shop. For example, the consumer should only try on a garment and should not be allowed to wear it. In order to ensure the effectiveness of the withdrawal right in service contracts, in particular for non- urgent renovation works for which consumers may be subject to high pressure selling at their homes followed by the immediate performance of the service before the expiration of the withdrawal period, consumers should bear no cost for such a service, if the nature or quality of the good make it feasible to do so.
Amendment 153 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ) 'distance contract' means any sales or service contract where the trader,concluded between a trader and a consumer where the trader, when initiating the contract and, in particular, establishing the essential elements thereof and also for the conclusion of the contract, makes exclusive use of one or more means of distance communication;
Amendment 184 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) the arrangements for payment, delivery, performance and the complaint handling policy, if they depart from the requirements of professional diligence relating to unsatisfactory delivery or services and cases where the arrangements in question depart from statutory provisions;
Amendment 241 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(1) and 11(4), the withdrawal period shall expire three months after the trader has fully performed his owhichever of the dates specified in Article 12 (2) applies to ther contractual obliga in questions.
Amendment 269 #
Proposal for a directive
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) the supply of goods madeor services made or tailored to the consumer's specifications or clearly personalized, or goods which are liable to deteriorate or expire rapidly;
Amendment 280 #
Proposal for a directive
Article 19 – paragraph 1 – point h a (new)
Article 19 – paragraph 1 – point h a (new)
h a) cases in which the consumer has been informed of his right of withdrawal in accordance with Article 9(b) and Article 10(1) or Article 11(4) and has abused the possibility of checking the quality of the goods in question by using or consuming them, in the course of the withdrawal period referred to in Article 12 (1), to a greater extent than that required for the purpose of ascertaining how they function and/or by damaging them.
Amendment 297 #
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, othupon delivery thano the carrier and indicated by the consumer has acquired the material possession of the goods, if a customary method of carriage is used.
Amendment 339 #
Proposal for a directive
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. The consumer may only rescind the contract if the lack of conformity is not minor, with the result that it limits or impairs his use or consumption of the good or service.