Activities of Evelyn REGNER related to 2008/0196(COD)
Legal basis opinions (0)
Amendments (25)
Amendment 172 #
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 174 #
Proposal for a directive
Article 4
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.
Amendment 238 #
Proposal for a directive
Article 13 – title
Article 13 – title
Amendment 239 #
Proposal for a directive
Article 13
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.
Amendment 266 #
Proposal for a directive
Article 19 – paragraph 1 – point a
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;
Amendment 275 #
Proposal for a directive
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) the supply of newspapers, periodicals and magazines with the exception of subscription contracts;
Amendment 277 #
Proposal for a directive
Article 19 – paragraph 1 – point g
Article 19 – paragraph 1 – point g
(g) gamingcontracts with organisers of bets and lottery servicies;
Amendment 278 #
Proposal for a directive
Article 19 – paragraph 1 – point h
Article 19 – paragraph 1 – point h
(h) contracts concluded at an auction, with the exception of contracts concluded at internet auctions.
Amendment 286 #
Proposal for a directive
Article 22 – paragraph 1
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.
Amendment 289 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 310 #
Proposal for a directive
Article 24 – paragraph 3
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.
Amendment 324 #
Proposal for a directive
Article 26 – paragraph 2
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.
Amendment 331 #
Proposal for a directive
Article 26 – paragraph 4 – point c
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;
Amendment 335 #
Proposal for a directive
Article 26 – paragraph 4 – point d a (new)
Article 26 – paragraph 4 – point d a (new)
(da) due to significant reasons, which are concerned with the supplier, a remedy is unreasonable.
Amendment 350 #
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 352 #
Proposal for a directive
Article 28 – paragraph 5
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.
Amendment 365 #
Proposal for a directive
Article 30 – paragraph 1
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.
Amendment 380 #
Proposal for a directive
Article 32 – paragraph 1
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.
Amendment 381 #
Proposal for a directive
Article 32 – paragraph 2
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.
Amendment 386 #
Proposal for a directive
Article 32 – paragraph 3 a (new)
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.
Amendment 388 #
Proposal for a directive
Article 33
Article 33
Amendment 390 #
Proposal for a directive
Article 34
Article 34
Amendment 392 #
Proposal for a directive
Article 35
Article 35
Amendment 394 #
Proposal for a directive
Article 36 – paragraph 1
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.
Amendment 399 #
Proposal for a directive
Article 40
Article 40