BETA

Activities of Evelyn REGNER related to 2008/0196(COD)

Legal basis opinions (0)

Amendments (25)

Amendment 172 #
Proposal for a directive
Article 4 – title
FullMinimum harmonisation
2010/10/13
Committee: JURI
Amendment 174 #
Proposal for a directive
Article 4
Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protection.
2010/10/13
Committee: JURI
Amendment 238 #
Proposal for a directive
Article 13 – title
Omission of information on the right of withdrawalBreach on duty to inform
2010/10/13
Committee: JURI
Amendment 239 #
Proposal for a directive
Article 13
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 monthyears after the trader has fully performed his other contractual obligations.
2010/10/13
Committee: JURI
Amendment 266 #
Proposal for a directive
Article 19 – paragraph 1 – point a
(a) services wherthe performance hasof a one-time service has already begun, with the consumer's prior express consent, before the end of the fourteen day period referred to in Article 12, after the tradesman has informed him of the right of withdrawal and in case of premature performance, about its omission;
2010/10/13
Committee: JURI
Amendment 275 #
Proposal for a directive
Article 19 – paragraph 1 – point f
(f) the supply of newspapers, periodicals and magazines with the exception of subscription contracts;
2010/10/13
Committee: JURI
Amendment 277 #
Proposal for a directive
Article 19 – paragraph 1 – point g
(g) gamingcontracts with organisers of bets and lottery servicies;
2010/10/13
Committee: JURI
Amendment 278 #
Proposal for a directive
Article 19 – paragraph 1 – point h
(h) contracts concluded at an auction, with the exception of contracts concluded at internet auctions.
2010/10/13
Committee: JURI
Amendment 286 #
Proposal for a directive
Article 22 – paragraph 1
1. Unless the parties have agreed otherwise, the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer, within a maximum of thirty daysimmediately from the day of the conclusion of the contract.
2010/10/13
Committee: JURI
Amendment 289 #
Proposal for a directive
Article 22 – paragraph 2
2. Where the trader has failed to fulfil his obligations to deliver, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1.deleted
2010/10/13
Committee: JURI
Amendment 310 #
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, or should reasonably have been aware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.
2010/10/13
Committee: JURI
Amendment 324 #
Proposal for a directive
Article 26 – paragraph 2
2. The trader shall remedy the lack of conformity by eitherIn case of lack of conformity, the consumer is able to choose between free repair orand replacement according to his choice.
2010/10/13
Committee: JURI
Amendment 331 #
Proposal for a directive
Article 26 – paragraph 4 – point c
(c) the trader has tried to remedy the lack of conformity, causinga remedy would be a significant inconvenience to the consumer;
2010/10/13
Committee: JURI
Amendment 335 #
Proposal for a directive
Article 26 – paragraph 4 – point d a (new)
(da) due to significant reasons, which are concerned with the supplier, a remedy is unreasonable.
2010/10/13
Committee: JURI
Amendment 350 #
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
2010/10/13
Committee: JURI
Amendment 352 #
Proposal for a directive
Article 28 – paragraph 5
5. Unless proved otherwise, any lack of conformity which becomes apparent within six monthtwo years of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.
2010/10/13
Committee: JURI
Amendment 365 #
Proposal for a directive
Article 30 – paragraph 1
1. This Chapter shall apply to contract terms drafted in advance by the trader or a third party, which the consumer agreed to without having the possibility of influencing their content, in particular where such contract terms are part of a pre- formulated standard contract. The supplier has to prove that the contract clauses have been individually negotiated.
2010/10/13
Committee: JURI
Amendment 380 #
Proposal for a directive
Article 32 – paragraph 1
1. Where a contract term is not included in Annex II or III, Member States shall ensure that ita contract clause is regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
2010/10/13
Committee: JURI
Amendment 381 #
Proposal for a directive
Article 32 – paragraph 2
2. Without prejudice to Articles 34 and 38, tThe unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring, at the time of the conclusion of the contract, to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent. When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with Article 31.
2010/10/13
Committee: JURI
Amendment 386 #
Proposal for a directive
Article 32 – paragraph 3 a (new)
3a. The Annex contains a non-exhaustive list of clauses, which may be been declared as being unfair and which can serve as a reference.
2010/10/13
Committee: JURI
Amendment 388 #
Proposal for a directive
Article 33
Where the trader claims that a contract term has been individually negotiated, the burden of proof shall be incumbent on him.Article 33 deleted Burden of proof
2010/10/13
Committee: JURI
Amendment 390 #
Proposal for a directive
Article 34
Terms considered unfair in all Member States shall ensure that contract terms, as set out in the list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40.Article 34 deleted circumstances
2010/10/13
Committee: JURI
Amendment 392 #
Proposal for a directive
Article 35
Member States shall ensure that contract terms, as set out in the list in point 1 of Annex III, are considered unfair, unless the trader has proved that such contract terms are fair in accordance with Article 32. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40.Article 35 deleted Terms presumed to be unfair
2010/10/13
Committee: JURI
Amendment 394 #
Proposal for a directive
Article 36 – paragraph 1
1. The Member States will ensure that a contract clause is also considered to be unfair if it has not been written in plain and intelligible language. Where there is doubt about the meaning of a term, the interpretation most favourable to the consumer shall prevail.
2010/10/13
Committee: JURI
Amendment 399 #
Proposal for a directive
Article 40
1. The Commission shall be assisted by the Committee on unfair terms in consumer contracts (hereinafter referred to as "the Committee"). 2. Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC17 shall apply, having regard to the provisions of Article 8 thereof. 17 OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).Article 40 deleted The Committee
2010/10/13
Committee: JURI