Activities of Evelyn REGNER related to 2011/0284(COD)
Legal basis opinions (0)
Amendments (85)
Amendment 208 #
Proposal for a regulation
Title
Title
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a Common European Sales Lawthe harmonisation of certain aspects of the obligation relating to the guarantee of conformity in connection with consumer sales contracts, related services and digital content
Amendment 209 #
Proposal for a regulation
Recital 1
Recital 1
(1) There are still considerable bottlenecks to cross-border economic activity that prevent the internal market from exploiting its full potential for growth and job creation. Currently, only one in ten traders in the Union exports goods within the Union and the majority of those who do, only export to a small number of Member States. From the range ofOf all the obstacles to cross- border trade including, tax regulations, administrative requirements, delivery difficulties in delivery, language and culture, traders consider the difficulty in finding out the provisions of a foreign contract law among the top barriers in business-to-consumer transactions and in business-to-business transactions. This also leads to disadvantages for consumers due to limited access to goods. Different national contract laws therefore deter the exercise of fundamental freedoms, such as th have been identified as the greatest barriers . In spite of recently adopted Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights1, which harmonises the main aspects of distance contracts, there are still a number of differences between national provisions of consumer contract law. Those differences can be freedom to provide goods and services, and representgarded as barriers to the functioning and continuing establishment of the internal market. They also have the effect of limiting competition, particularly in the markets of smaller Member States__________________ 1 OJ. L 304, 22.11.2011, p. 64.
Amendment 210 #
Proposal for a regulation
Recital 2
Recital 2
(2) Contracts are the indispensable legal tool for every economic transaction. However, the need for traders to identify or negotiate the applicable law, to find out about the provisions of a foreign applicable law often involving translation, to obtain legal advice to make themselves familiar with its requirements and to adapt their contracts to different national laws that may apply in cross-border dealings makes cross-border trade more complex and costly compared to domestic trade. CIt is therefore necessary to complement Directive 2011/83/EU by updating the legal provisions governing certain aspects of the obligation relating to the guarantee of conformity in connection with consumer sales contract-law-s, related barriers are thus a major contributing factor in dissuading a considerable number of export-oriented traders from entering cross-border trade or expanding their operations into more Member States. Their deterrent effect is particularly strong for small and medium-sized enterprises (SME) for which the costs of entering multiple foreign markets are often particularly high in relation to their turnover. As a consequence, traders miss out on cost savings they could achieve if it were possible to market goods and services on the basis of one uniform contract law for all their cross-border transactions and, in the online environment, one single web-sitservices and digital content. This updating process should to take account of the needs of the digital economy and the relevant rulings of the European Court of Justice.
Amendment 220 #
Proposal for a regulation
Recital 10
Recital 10
(10) The agreement to use the Common European Sales Law should be a choice exercised within the scope of the respective national law which is applicable pursuant to Regulation (EC) No 593/2008 or, in relation to pre- contractual information duties, pursuant to Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non- contractual obligations (Regulation (EC) No 864/2007)20 , or any other relevant conflict of law rule. Thus the agreement to use the Common European Sales Law ishould therefore not amount to, and not be confused with, a choice of the applicable law within the meaning of the conflict-of- law rules and should be without prejudice to them. This Regulation will therefore not affect any of the existing conflict of law rulesIn relation to Article 6 (2) Regulation (EC) No 593/2008 (Rome I), the protection afforded to the consumer by provisions of the law of the country where the consumer has his habitual residence cannot be derogated from by the agreement to use CESL.
Amendment 230 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) While Directive 2011/83/EU lays down provisions on the passing of risk in respect of goods, it remains necessary to complement those provisions by similar provisions on digital content, too, and, in the process, take account of the specific features of those products.
Amendment 241 #
Proposal for a regulation
Recital 27
Recital 27
(27) All the matters of a contractual or non-contractual nature that are not addressed in the Common European Sales Law are governed by the pre-existing rules of the national law outside the Common European Sales Law that is applicable under Regulations (EC) No 593/2008 and (EC) No 864/2007 or any other relevant conflict of law rule. These issues include legal personality, the invalidity of a contract arising from lack of capacity, illegality or immorality, the determination of the language of the contract, matters of non-discrimination, representation, plurality of debtors and creditors, change of parties including assignment, set-off and merger, property law including the transfer of ownership, intellectual property law and the law of torts. Furthermore, the issue of whether concurrent contractual and non- contractual liability claims can be pursued together falls outside the scope of the Common European Sales Lis Directive are governed by the pre-existing rules of national law.
Amendment 254 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this RegulationDirective is to improve the conditions for the establishment and the functioning of the internal market by making available a uniform set of contract law rules as set ensuring a high level of consumer protection which takes account in Annex I (‘the Common European Sales Law’). These ruleof new technologies, too, by harmonising certain aspects of the laws, regulations can be used for cross-border transactd administrative provisions ofor the sale of goods, for the supply of digital content and for related services where the parties to a contract agree to do soMember States with regard to certain aspects of the obligation relating to the guarantee of conformity, related services and digital content in connection with contracts concluded between consumers and traders.
Amendment 255 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 256 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. In relation to contracts between traders and consumers, this RegulationThis Directive comprises a comprehensive set of consumer protection rules to ensure a high level of consumer protection, to enhance consumer confidence in the internal market and encourage consumers to shop across borders.
Amendment 257 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Save as otherwise provided in this Directive, Member States may maintain or introduce national laws ensuring a higher level of consumer protection which depart from the provisions of this Directive.
Amendment 258 #
Proposal for a regulation
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. Should one or more Member States avail itself of the possibility under paragraph 3a, the relevant provisions shall be in conformity with the Treaties and notified to the Commission. The Commission shall subsequently ensure that that information is easily accessible to consumers and traders, inter alia on a dedicated website.
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 3 c (new)
Article 1 – paragraph 3 c (new)
3c. The enjoyment of other national rights concerning traders' contractual and noncontractual obligations shall be without prejudice to the consumer rights harmonised by this Directive.
Amendment 265 #
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) ‘'trader’' means any natural or legal person who is actingperson or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other natural or legal person acting in his name or on his behalf, for purposes relating to that person’his trade, business, craft, or profession in relation to contracts;
Amendment 280 #
Proposal for a regulation
Article 2 – point q – point i
Article 2 – point q – point i
(i) concluded in the simultaneous physical presence of the trader or, where the trader is a legal person, the natural person representing the trader and the consumer in a place which is not the trader's business premises, or concluded on the basis of an offer made by the consumer in the same circumstances; or
Amendment 281 #
Proposal for a regulation
Article 2 – point q – point ii
Article 2 – point q – point ii
(ii) concluded on the trader's business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the trader's business premises of the trader in the simultaneous physical presence of the trader or, where the trader is a legal person, a natural person representing the trader and the consumer; or
Amendment 282 #
Proposal for a regulation
Article 2 – point q – point iii
Article 2 – point q – point iii
(iii) concluded during an excursion organised by the trader or, where the trader is a legal person, the natural person representing the trader with the aim or effect of promoting and selling goods or supplying digital content or related services to the consumer;
Amendment 293 #
Proposal for a regulation
Article 3
Article 3
Amendment 294 #
Proposal for a regulation
Article 4
Article 4
Amendment 295 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. For the purposes of this Regulation, a contract between a trader and a consumer is a cross-border contract if: (a) either the address indicated by the consumer, the delivery address for goods or the billing address are located in a country oth the places of habitual residence of the trader thand the country of the trader's habitual residence; and (b) at least one of these countries is a Member Statensumer are in different countries.
Amendment 296 #
Proposal for a regulation
Article 5
Article 5
Amendment 297 #
Proposal for a regulation
Article 6
Article 6
Amendment 300 #
Proposal for a regulation
Article 7
Article 7
Amendment 303 #
Proposal for a regulation
Article 8
Article 8
Agreement on the use of the Common 1. The use of the Common European Sales Law requires an agreement of the parties to that effect. The existence of such an agreement and its validity shall be determined on the basis of paragraphs 2 and 3 of this Article and Article 9, as well as the relevant provisions in the Common European Sales Law. 2. In relations between a trader and a consumer the agreement on the use of the Common European Sales Law shall be valid only if the consumer's consent is given by an explicit statement which is separate from the statement indicating the agreement to conclude a contract. The trader shall provide the consumer with a confirmation of that agreement on a durable medium. 3. In relations between a trader and a consumer the Common European Sales Law may not be chosen partially, but only in its entirety.rticle 8 deleted European Sales Law
Amendment 304 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. In case the requirements of Article 9(2) and (3) are not fulfilled, the consumer shall not be bound by the agreement on the use of the Common European Sales Law. Member States shall define the consequences on the law applicable and the validity of the concluded contract in such circumstances.
Amendment 305 #
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. Agreements which go beyond the scope of the Common European Sales Law shall be invalid.
Amendment 306 #
Proposal for a regulation
Article 9
Article 9
Amendment 307 #
Proposal for a regulation
Article 10
Article 10
Amendment 308 #
Proposal for a regulation
Article 11
Article 11
Amendment 310 #
Proposal for a regulation
Article 12
Article 12
Amendment 311 #
Proposal for a regulation
Article 13
Article 13
A Member State may decide to make the Common European Sales Law available for: (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, are located in that Member State; and/or (b) contracts where all the parties are traders but none of them is an SME within the meaning of Article 7(2).rticle 13 deleted Member States' options
Amendment 327 #
Proposal for a regulation
Annex I – Article 30 – paragraph 2 a (new)
Annex I – Article 30 – paragraph 2 a (new)
2a. The keeping, use or consumption of a good, digital content or related services unsolicitedly supplied to a consumer shall not constitute acceptance. In such cases, the consumer shall be exempted from the obligation to provide any consideration and restitution shall not be mandatory.
Amendment 328 #
Proposal for a regulation
Annex I – Article 30 – paragraph 4 a (new)
Annex I – Article 30 – paragraph 4 a (new)
4a. In relations between a trader and a consumer, a reply by the offeree which states or implies different contract terms is at all events a rejection and a new offer.
Amendment 331 #
Proposal for a regulation
Annex I – Article 52 – paragraph 2 a (new)
Annex I – Article 52 – paragraph 2 a (new)
2a. For consumer transactions, notice of avoidance within a specified period is not necessary in order to avoid a contract on the basis of a mistake, fraud, threats or unfair exploitation.
Amendment 333 #
Proposal for a regulation
Annex I – Article 61 – subparagraph 1 a (new)
Annex I – Article 61 – subparagraph 1 a (new)
In relations between a trader and a consumer, in this instance the authoritative language version is the version in the consumer’s national language.
Amendment 334 #
Proposal for a regulation
Annex I – Article 69 – paragraph 1
Annex I – Article 69 – paragraph 1
1. Where the trader makes a statement before the contract is concluded, either to the other party or publicly, about the characteristics of what is to be supplied by that trader under the contract, the statement is incorporated as a term of the contract unless: (a) the other party was aware, or could be expected to have been aware when the contract was concluded that the statement was incorrect or could not otherwise be relied on as such a term; or (b) the other party’s decision to conclude the contract the trader shows that: (a) the statement had been corrected by the time of conclusion of the contract, (b) the decision to buy the goods could not have been influenced by the statement concerned.
Amendment 335 #
Proposal for a regulation
Annex I – Article 69 – paragraph 3
Annex I – Article 69 – paragraph 3
3. Where the other party is a consumer then, for the purposes of paragraph 1, a public statement made by or on behalf of a producer or other person in earlier links of the chain of transactions leading to the contract is regarded as being made by the trader unless the trader shows that, at the time of conclusion of the contract, he did not know and could not be expected to have known of it.
Amendment 336 #
Proposal for a regulation
Annex I – Article 69 – paragraph 3 a (new)
Annex I – Article 69 – paragraph 3 a (new)
3a. In relations between a trader and a consumer, a contract term supplied by the trader is not binding if under the circumstances, in particular in view of the outward appearance of the contract and the unusual nature of the term, the consumer could not expect to encounter it, unless the trader has specifically drawn the consumer’s attention to that contract term.
Amendment 340 #
Proposal for a regulation
Annex I – Article 82
Annex I – Article 82
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, clear and intelligible language. Where this is not the case, they are not binding for the consumer within the meaning of Article 79.
Amendment 342 #
Proposal for a regulation
Annex I – Article 83 – paragraph 2 – point a
Annex I – Article 83 – paragraph 2 – point a
Amendment 343 #
Proposal for a regulation
Annex I – Article 84 – point a a (new)
Annex I – Article 84 – point a a (new)
(aa) inappropriately exclude or limit the remedies available to the consumer against the trader or a third party for non- performance by the trader of obligations under the contract;
Amendment 344 #
Proposal for a regulation
Annex I – Article 84 – point a b (new)
Annex I – Article 84 – point a b (new)
(ab) permit a trader to keep money paid by the consumer if the latter decides not to conclude the contract, or perform obligations under it, without providing for the consumer to receive compensation of an equivalent amount from the trader in the reverse situation;
Amendment 345 #
Proposal for a regulation
Annex I – Article 84 – point a c (new)
Annex I – Article 84 – point a c (new)
(ac) restrict the evidence available to the consumer or impose on the consumer a burden of proof which legally lies with the trader;
Amendment 346 #
Proposal for a regulation
Annex I – Article 84 – point a d (new)
Annex I – Article 84 – point a d (new)
(ad) inappropriately exclude or limit the right to set-off claims that the consumer may have against the trader against what the consumer may owe to the trader;
Amendment 347 #
Proposal for a regulation
Annex I – Article 84 – point a e (new)
Annex I – Article 84 – point a e (new)
(ae) require a consumer who fails to perform obligations under the contract to pay a disproportionately high amount by way of damages or a stipulated payment for non-performance;
Amendment 348 #
Proposal for a regulation
Annex I – Article 84 – point a f (new)
Annex I – Article 84 – point a f (new)
(af) entitle a trader to withdraw from or terminate the contract within the meaning of Article 8 on a discretionary basis without giving the same right to the consumer, or entitle a trader to keep money paid for related services not yet supplied in the case where the trader withdraws from or terminates the contract;
Amendment 349 #
Proposal for a regulation
Annex I – Article 84 – point a g (new)
Annex I – Article 84 – point a g (new)
(ag) enable a trader to terminate a contract of indeterminate duration without reasonable notice, except where there are serious grounds for doing so;
Amendment 350 #
Proposal for a regulation
Annex I – Article 84 – point a h (new)
Annex I – Article 84 – point a h (new)
(ah) specific consumer behaviour is to be considered equivalent to the issue or non-issue of a statement unless the significance of the consumer's behaviour is specifically pointed out to him at the beginning of the period intended for this purpose and the consumer has an appropriate length of time to make an explicit statement;
Amendment 351 #
Proposal for a regulation
Annex I – Article 84 – point a i (new)
Annex I – Article 84 – point a i (new)
(ai) enable a trader to alter contract terms unilaterally without a valid reason which is specified in the contract;
Amendment 352 #
Proposal for a regulation
Annex I – Article 84 – point a j (new)
Annex I – Article 84 – point a j (new)
(aj) enable a trader to alter unilaterally without a valid reason any characteristics of the goods, digital content or related services to be provided or any other features of performance;
Amendment 353 #
Proposal for a regulation
Annex I – Article 84 – point a k (new)
Annex I – Article 84 – point a k (new)
(ak) stipulate that the price of the goods, digital content or related services is determined at the time of delivery or supply, or allow a trader to demand a higher price for his services than that which was fixed when the contract was concluded, unless the contract also allows for a price reduction if price change requirements have been agreed upon, the circumstances required for a price change are set out in the contract and are objectively justified and a price change cannot be brought about arbitrarily by the trader;
Amendment 354 #
Proposal for a regulation
Annex I – Article 84 – point i a (new)
Annex I – Article 84 – point i a (new)
(ia) oblige a consumer to perform all his obligations under the contract where the trader fails to perform its own;
Amendment 355 #
Proposal for a regulation
Annex I – Article 84 – point i b (new)
Annex I – Article 84 – point i b (new)
(ib) allow a trader to transfer its rights and obligations under the contract without the consumer’s consent, unless it is to a subsidiary controlled by the trader, or as a result of a merger or a similar lawful company transaction, and such transfer is not likely to negatively affect any right of the consumer;
Amendment 356 #
Proposal for a regulation
Annex I – Article 84 – point i c (new)
Annex I – Article 84 – point i c (new)
(ic) enable the trader to stipulate an unreasonably long or inadequately specified period during which he can accept or refuse a consumer's offer;
Amendment 357 #
Proposal for a regulation
Annex I – Article 84 – point i d (new)
Annex I – Article 84 – point i d (new)
(id) allow a trader to reserve an unreasonably long or inadequately specified period to perform the obligations under the contract;
Amendment 358 #
Proposal for a regulation
Annex I – Article 84 – point i e (new)
Annex I – Article 84 – point i e (new)
(ie) inappropriately exclude or limit the remedies available to the consumer against the trader or the defences available to the consumer against claims by the trader;
Amendment 359 #
Proposal for a regulation
Annex I – Article 84 – point i f (new)
Annex I – Article 84 – point i f (new)
(if) subject performance of obligations under the contract by the trader, or subject other beneficial effects of the contract for the consumer, to particular formalities that are not legally required and are unreasonable;
Amendment 360 #
Proposal for a regulation
Annex I – Article 84 – point i g (new)
Annex I – Article 84 – point i g (new)
(ig) impose an excessive burden on the consumer in order to terminate a contract of indeterminate duration;
Amendment 361 #
Proposal for a regulation
Annex I – Article 85 – point a
Annex I – Article 85 – point a
Amendment 362 #
Proposal for a regulation
Annex I – Article 85 – point b
Annex I – Article 85 – point b
Amendment 363 #
Proposal for a regulation
Annex I – Article 85 – point c
Annex I – Article 85 – point c
Amendment 364 #
Proposal for a regulation
Annex I – Article 85 – point d
Annex I – Article 85 – point d
d) permit a trader to keep money paid by the consumer if the latter decides not to conclude the contract, or perform obligations under it, without providing for the consumer to receive compensation of an equivalent amount from the trader in the reverse situation;eleted
Amendment 365 #
Proposal for a regulation
Annex I – Article 85 – point e
Annex I – Article 85 – point e
Amendment 366 #
Proposal for a regulation
Annex I – Article 85 – point f
Annex I – Article 85 – point f
Amendment 367 #
Proposal for a regulation
Annex I – Article 85 – point g
Annex I – Article 85 – point g
Amendment 368 #
Proposal for a regulation
Annex I – Article 85 – point h
Annex I – Article 85 – point h
Amendment 369 #
Proposal for a regulation
Annex I – Article 85 – point i
Annex I – Article 85 – point i
Amendment 370 #
Proposal for a regulation
Annex I – Article 85 – point j
Annex I – Article 85 – point j
Amendment 371 #
Proposal for a regulation
Annex I – Article 85 – point k
Annex I – Article 85 – point k
Amendment 372 #
Proposal for a regulation
Annex I – Article 85 – point l
Annex I – Article 85 – point l
Amendment 373 #
Proposal for a regulation
Annex I – Article 85 – point m
Annex I – Article 85 – point m
Amendment 374 #
Proposal for a regulation
Annex I – Article 85 – point n
Annex I – Article 85 – point n
Amendment 375 #
Proposal for a regulation
Annex I – Article 85 – point o
Annex I – Article 85 – point o
Amendment 376 #
Proposal for a regulation
Annex I – Article 85 – point p
Annex I – Article 85 – point p
Amendment 377 #
Proposal for a regulation
Annex I – Article 85 – point q
Annex I – Article 85 – point q
Amendment 378 #
Proposal for a regulation
Annex I – Article 85 – point r
Annex I – Article 85 – point r
Amendment 379 #
Proposal for a regulation
Annex I – Article 85 – point v
Annex I – Article 85 – point v
Amendment 396 #
Proposal for a regulation
Annex I – Article 100 – point a
Annex I – Article 100 – point a
(a) be fit for any particular purpose made known to the seller at the time of the conclusion of the contract, except where the circumstancesseller shows that the buyer did not rely, or that it was unreasonable for the buyer to rely, on the seller’s skill and judgementprovided corrected fitness-for-purpose information;
Amendment 406 #
Proposal for a regulation
Annex I – Article 105 – paragraph 2
Annex I – Article 105 – paragraph 2
2. In a consumer sales contract or digital services contract, any lack of conformity which becomes apparent within six monthsone year of the time when risk passes to the buyer is presumed to have existed at that time unless this is incompatible with the nature of the goods or digital content or with the nature of the lack of conformity.
Amendment 457 #
Proposal for a regulation
Annex I – Article 113 – paragraph 3 a (new)
Annex I – Article 113 – paragraph 3 a (new)
3a. In a consumer sales contract the entire performance may be withheld, unless such withholding is clearly disproportionate to the significance of the non-conformity.
Amendment 494 #
Proposal for a regulation
Annex I – Article 152 – paragraph 2 a (new)
Annex I – Article 152 – paragraph 2 a (new)
2a. In the case of a consumer contract, the level of costs indicated for the related service shall be binding, unless explicitly stated otherwise. The binding figure indicated for such costs may not be exceeded.
Amendment 500 #
Proposal for a regulation
Annex I – Article 155 – paragraph 2
Annex I – Article 155 – paragraph 2
2. Without prejudice to paragraph 3, the customer's remedies are subject to a right of the service provider to cure whether or not the customer is a consumer.
Amendment 502 #
Proposal for a regulation
Annex I – Article 155 – paragraph 3
Annex I – Article 155 – paragraph 3
3. In the case of incorrect installation under a consumer sales contract as referred to in Article 101a contract for related services the consumer's remedies are not subject to a right of the service provider to cure.
Amendment 505 #
Proposal for a regulation
Annex I – Article 155 – paragraph 5 – point a
Annex I – Article 155 – paragraph 5 – point a
Amendment 506 #
Proposal for a regulation
Annex I – Article 155 – paragraph 5 – point b
Annex I – Article 155 – paragraph 5 – point b
Amendment 524 #
Proposal for a regulation
Annex I – Article 179 – paragraph 1
Annex I – Article 179 – paragraph 1
1. The short period of prescription is twohree years.