10 Amendments of Franz OBERMAYR related to 2011/0284(COD)
Amendment 373 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
In the case of agreements going beyond the Common European Sales Law, which are not covered by its scope, the relevant clauses shall be deemed not to be a valid option.
Amendment 386 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) contracts where the habitual residence of the traders or, in the case of a contract between a trader and a consumer, the habitual residence of the trader, the address indicated by the consumer, the delivery address for goods and the billing address, areis located in that Member State;, and/or
Amendment 442 #
Proposal for a regulation
Annex 1 – Article 82 – introductory part
Annex 1 – Article 82 – introductory part
Where a trader supplies contract terms which have not been individually negotiated with the consumer within the meaning of Article 7, it has a duty to ensure that they are drafted and communicated in plain, intelligible language and that the context of each contract term is easily and logically recognisable.
Amendment 443 #
Proposal for a regulation
Annex 1 – Article 84 – title
Annex 1 – Article 84 – title
Contract terms which are always unfairgrossly disadvantageous
Amendment 444 #
Proposal for a regulation
Annex 1 – Article 84 – introductory part
Annex 1 – Article 84 – introductory part
A contract term is always unfairgrossly disadvantageous for the purposes of this Section if its object or effect is to:
Amendment 445 #
Proposal for a regulation
Annex 1 – Article 84 – point k a (new)
Annex 1 – Article 84 – point k a (new)
(ka) extend fixed-duration contracts automatically, unless the trader has drawn the consumer's attention to this and made it possible for the consumer to react within a reasonable period and prevent the extension;
Amendment 446 #
Proposal for a regulation
Annex 1 – Article 84 – point k b (new)
Annex 1 – Article 84 – point k b (new)
(kb) subsequently adjust the agreed contract price, unless the parameters governing changes to the price are precisely specified in the contract, are objectively justified and cannot be set arbitrarily by the trader.
Amendment 447 #
Proposal for a regulation
Annex 1 – Article 85 – title
Annex 1 – Article 85 – title
Contract terms which are presumed to be unfairgrossly disadvantageous
Amendment 448 #
Proposal for a regulation
Annex 1 – Article 85 – introductory part
Annex 1 – Article 85 – introductory part
A contract term is presumed to be unfairgrossly disadvantageous for the purposes of this Section if its object or effect is to:
Amendment 501 #
Proposal for a regulation
Annex 1 – Article 167– paragraph 2
Annex 1 – Article 167– paragraph 2
2. Interest does not start to run until 320 days after the creditor has given notice to the debtor specifying the obligation to pay interest and its rate. Notice may be given before the date when payment is due.