Activities of Ashley FOX related to 2011/0284(COD)
Plenary speeches (3)
Common European sales law (debate)
Common European sales law (debate)
Common European sales law (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on a Common European Sales Law
Amendments (5)
Amendment 357 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) In order to avoid duplication and to compliment existing EU law this directive should take into account the principles of directive 2011/83/EU on consumer rights which harmonised rules for distance and off-premises contracts such as pre- contractual information, formal requirements, right of withdrawal, delivery, passing of risk and payment means. This should provide for a solid legal framework of European rules for business who sell goods or digital content to consumers across the Union.
Amendment 358 #
Proposal for a regulation
Recital 37 b (new)
Recital 37 b (new)
(37b) After the adoption of this directive, The European Commission should establish a working group, composed mainly of groups representing consumers and businesses, supported by academics and practitioners, in order to develop standard terms and conditions for on-line business to consumers contracts based on the rules in this directive and the consumer acquis, in particular directive 2011/83/EU on consumer rights.
Amendment 388 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16a Model Contracts The Commission shall present the standard terms and conditions within [one year] of the transposition of this directive.
Amendment 389 #
Proposal for a regulation
Article 16 b (new)
Article 16 b (new)
Article 16b The Commission shall carry out an information campaign to inform businesses at national level about these standards terms for on-line consumer transactions based on the European rules.
Amendment 462 #
Proposal for a regulation
Annex 1 – Article 106
Annex 1 – Article 106
Overview of buyer's remedies 1. In the case of non-performance of an obligation by the seller, the buyer shall be entitled to exercise the rights to remedy contained in paragraphs 2 and 4, where applicable. 2. If the buyer is a trader, the buyer may do any of the following: (a) require performance, which includes specific performance, repair or replacement of the goods or digital content, under Section 3 of this Chapter; (b) withhold the buyer's own performance under Section 4 of this Chapter; (c) terminate the contract under Section 5 of this Chapter and claim the return of any price already paid, under Chapter 17; (d) reduce the price under Section 6 of this Chapter; and (e) claim damages under Chapter 16. 23. If the buyer is a traderWhere exercising rights under paragraph 2, the following conditions shall apply, where applicable: (a) the buyer's rights to exercise any remedy except withholding of performance are subject to cure by the seller as set out in Section 2 of this Chapter; and (b) the buyer's rights to rely on lack of conformity are subject to the requirements of examination and notification set out in Section 7 of this Chapter. 34. If the buyer is a consumer: (a), the buyer's rights are not subject to cure by the seller; and (b) t may choose to either:: (a) require performance, which includes specific performance, repair or replacement of the goods or digital content, under Section 3 of this Chapter; or (b) terminate the contract under Section 5 of this Chapter within a reasonable time, and claim the return of any price already paid, under Chapter 17. Whe requirements of examination and notification set out in a consumer chooses to exercise this right, the trader may not make a deduction for any use the consumer has had of the goods. 5. Where the buyer chooses to exercise his right under paragraph 4 subparagraph (a), and the seller cannot perform specific performance, repair or replacement of the goods or digital content within a reasonable time or without significant inconvenience to the buyer, the buyer may have further recourse to any of the following:. (a) withhold the buyer's own performance under Section 74 of this Chapter do not apply; (b) terminate the contract under Section 5 of this Chapter and claim the return of any price already paid, under Chapter 17; (c) reduce the price under Section 6 of this Chapter; and (d) claim damages under Chapter 16. 46. If the seller's non-performance is excused, the buyer may resort to any of the remedies referred to in paragraph 1this Article except requiring performance and damages. 57. The buyer may not resort to any of the remedies referred to in paragraph 1this Article to the extent that the buyer caused the seller's non-performance. 68. Remedies which are not incompatible may be cumulated.