AMENDMENTS 1135 - 1595 · AM\836859EN.doc PE452.545v01-00 EN United in diversity EN EUROPEAN PARLIAMENT 2009 - 2014 Committee on the Internal Market and Consumer Protection 2008/0196(COD)

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AM\836859EN.doc PE452.545v01-00

EN United in diversity EN

EUROPEAN PARLIAMENT 2009 - 2014

Committee on the Internal Market and Consumer Protection

2008/0196(COD)

25.10.2010

AMENDMENTS1135 - 1595

Draft reportAndreas Schwab(PE442.789v04-00)

on consumer rights

Proposal for a directive(COM(2008)0614 – C6-0349/2008 – 2008/0196(COD))

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AM_Com_LegReport

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Amendment 1135Christel Schaldemose

Proposal for a directiveArticle 23 f (new)

Text proposed by the Commission Amendment

Means of payment1. Traders shall offer consumers at least one means of payment free of charge.2. Member States shall prohibit traders to charge consumers with fees that exceed the cost born by the trader for the use of such means.

Or.en

Justification

The Commission’s proposal does not provide for any rules related to payment although this is one of the main concerns of consumers. Consumers complain about (especially in online markets i.e. sale of tickets for concert and sport events, flight tickets, etc) not being able to pay without extra costs attached to certain means of payment.

Amendment 1136Kurt Lechner

Proposal for a directiveArticle 24


Conformity with the contract deleted1. The trader shall deliver the goods in conformity with the sales contract. 2. Delivered goods shall be presumed to be in conformity with the contract if they satisfy the following conditions: (a) they comply with the description given by the trader and possess the qualities of the goods which the trader has presented to the consumer as a sample or model;

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(b) they are fit for any particular purpose for which the consumer requires them and which he made known to the trader at the time of the conclusion of the contract and which the trader has accepted; (c) they are fit for the purposes for which goods of the same type are normally used or (d) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling. 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. 4. The trader shall not be bound by public statements, as referred to in paragraph 2(d) if he shows that one of the following situations existed: (a) he was not, and could not reasonably have been, aware of the statement in question;(b) by the time of conclusion of the contract the statement had been corrected;(c) the decision to buy the goods could not have been influenced by the statement.5. Any lack of conformity resulting from the incorrect installation of the goods shall be considered as a lack of conformity of the goods where the installation forms part of the sales contract and the goods were installed by the trader or under his responsibility. The same shall apply equally if the goods, intended to be installed by the consumer, are installed by the consumer and the incorrect installation is due to a shortcoming in the installation

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instructions.

Or.de

Amendment 1137Anja Weisgerber

Proposal for a directiveArticle 24 – paragraph 1


1. The trader shall deliver the goods in conformity with the sales contract.

1. The trader shall be obliged to deliver the goods to the consumer in conformity with the sales contract.

Or.de

Justification

Die KOM-Fassung klärt nicht deutlich das Verhältnis der einzelnen Maßstäbe für die Vertragsmäßigkeit der Ware.Der Vorschlag geht von einer klaren Rangfolge dieser Maßstäbe aus, die auf dem Vorrang der Vertragsfreiheit beruht. Danach ist in erster Linie die Beschaffenheitsvereinbarung der Parteien maßgeblich; andernfalls kommt es auf den von der Parteien vorausgesetzten (nicht ausdrücklich vereinbarten) Zweck an. Erst dann ist die gewöhnliche Gebrauchseignung in Betracht zu ziehen, und schließlich sind die üblichen oder öffentlich verlautbarten Eigenschaften einer Ware maßgeblich.

Amendment 1138Cornelis de Jong




1. The trader is responsible for the good to be in conformity with the sales contract.

Or.en

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Amendment 1139Kyriacos Triantaphyllides




1. The trader shall deliver the goods in conformity with the sales contract. The trader shall be liable to the consumer if the goods do not meet the conditions stipulated in the contract.

Or.el

Amendment 1140Robert Rochefort

Proposal for a directiveArticle 24 – paragraph 2 – introductory part


2. Delivered goods shall be presumed to bein conformity with the contract if they satisfy the following conditions:

2. Delivered goods shall be in conformity with the contract if they satisfy the following conditions:

(-a) they possess the characteristics, in particular as regards quality and quantity, that were jointly agreed upon by the parties;

(a) they comply with the description given by the trader and possess the qualities of the goods which the trader has presented to the consumer as a sample or model;


(b) they are fit for any particular purpose for which the consumer requires them and which he made known to the trader at the time of the conclusion of the contract and which the trader has accepted;

(b) they are fit for the purposes for which goods of the same type would normally be used;

(c) they are fit for the purposes for which goods of the same type are normally used or

(c) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public

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statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.

(d) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.

(A new point (a) has been inserted before the current point (a) in the Commission proposal. There was also a need for clarification: the new points (b) and (c) are slightly amended

versions of the current points (c) and (d) in the Commission proposal, concerning conditions that have to be met in all circumstances.)

Or.fr




2. Delivered goods shall be presumed to bein conformity with the contract if they satisfy the following conditions:

2. Goods shall be in conformity with the contract:

Or.de

Justification


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Proposal for a directiveArticle 24 – paragraph 2 – point a



(a) comply with the description given by the trader and possess the qualities of the goods which the trader has presented to the consumer as a sample or model;

Or.fr





(a) if their nature is in accordance with that agreed by the parties and, in particular, they possess the qualities of the goods which the trader has presented to the consumer as a sample or model;

Or.de

Justification



Proposal for a directiveArticle 24 – paragraph 2 – point -a (new)

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(-a) Where applicable, the goods must furthermore:

(This text should be inserted before the current point (a) in the Commission proposal and refers to the current points (a) and (b).)

Or.fr

Justification

Clarification of points (a) and (b): the text of points (a) and (b) in the Commission proposal are conditions that must be met ‘where appropriate’ (description and sample or model, and particular purpose).


Proposal for a directiveArticle 24 – paragraph 2 – point b


(b) they are fit for any particular purpose for which the consumer requires them and which he made known to the trader at the time of the conclusion of the contract and which the trader has accepted;

(b) be fit for any particular purpose for which the consumer requires them and which was made known to the trader at the time of the conclusion of the contract and which the trader has accepted;

Or.fr




(b) they are fit for any particular purpose for which the consumer requires them and which he made known to the trader at

(b) if, in the absence of an agreement on their nature, they are fit for the purpose for which the parties to the contract

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the time of the conclusion of the contract and which the trader has accepted;

intended them at the time of the conclusion of the contract;

Or.de

Justification



Proposal for a directiveArticle 24 – paragraph 2 – point c


(c) they are fit for the purposes for which goods of the same type are normally used; or

deleted

Or.fr

Justification

This text has been slightly amended and inserted as a new point (b) in Article 24(2).

Amendment 1148Emilie Turunen




(c) they are fit for the purposes for which goods of the same type are normally used and

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Or.en

Amendment 1149Evelyne Gebhardt




(c) they are fit for the purposes for which goods of the same type are normally used and;

Or.en

Amendment 1150Catherine Stihler



(c) they are fit for the purposes for which goods of the same type are normally usedor

(c) they are fit for the purposes for which goods of the same type are normally used; and

Or.en





(c) otherwise, if they are fit for the purposes for which goods of that type are normally used;

Or.de

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Justification



Proposal for a directiveArticle 24 – paragraph 2 – point d



deleted

Or.fr

Justification

This text has been inserted as a new point (c) in Article 24(2).




(d) they show the quality and performance which are normal in goods of the same type and which the consumer can

(d) they show the quality and performance which are normal in goods of the same type including inter alia, durability, safety

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reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.

and availability of spare parts, which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertisingor on labelling.

Or.en

Justification

Regarding the principle of conformity with the contract, the list of criteria of nonconformity should be strengthened and improved. It should be clarified that in assessing whether goods are fit for their normal purpose account is also taken of: purpose, appearance and finish, freedom from minor defects and the durability of the product.


Proposal for a directiveArticle 24 – paragraph 2 – point d – introductory part



(d) they show the quality and performance which are normal in goods of the same type including the consideration of the designated use of the good, the appearance and the completion of it, the non-existence of minor defects and life expectancy of the good, the availability of after-sales service and of replacement equipment, the conformity to legal requirements regarding the safety of goods, and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.

Or.en

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(d) they show the quality and performance which are normal in goods of the same type including the consideration of the purpose, the appearance and finish, the freedom from minor defects and the durability of the product, availability of after-sales services and of spare parts, the conformity to legal requirements regarding the safety of goods, and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.

Or.en

Justification

This amendment seeks to provide further guidance as to how traders and consumers should identify whether goods exhibit the expected quality and performance. As currently drafted, the Commission’s proposal is too vague and risks unnecessary arguments arising as to its meaning, leading to additional cost to business and potential consumer detriment.




(d) they show the quality and performancewhich are normal in goods of the sametype and which the consumer can reasonably expect, given the nature of the goods and taking into account any public

(d) if, in addition, they show the qualities which are normal in goods of that type and which the consumer can expect, taking into account any public statements on the specific characteristics of the goods made

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statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.

about them by the trader, the producer or his representative, particularly in advertising or on labelling, unless the trader was unaware and need not have been aware of the statements in question, the statements were justified at the time of the conclusion of the contract or they could not have influenced the decision to purchase.

Or.de

Justification


Amendment 1157Małgorzata Handzlik, Rafał Trzaskowski

Proposal for a directiveArticle 24 – paragraph 2 – point d a (new)


(da) they have been packaged in such a way as to obviate damage to the goods.

Or.pl

Justification

Proper packaging of goods (particularly fragile goods) minimises the likelihood of their being damaged during transport. Full level of harmonisation.

Amendment 1158Adam Bielan

Proposal for a directive – amending actArticle 24 – paragraph 2 – point d b (new)

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(db) they have been properly packaged, so as to obviate the possibility of their being damaged.

Or.pl

Justification

Proper packaging, which is especially important during the goods' transport, should be included among the factors on the basis of which conformity with the contract is presumed.




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.

deleted

Or.de

Justification

For purposes of systematisation, this paragraph has been moved from Article 24(3) to an article of its own.

Amendment 1160Kerstin Westphal


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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 of, or should not reasonably have been so grossly negligent as to be unaware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.

Or.de





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 could not reasonably have been unaware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.

Or.en




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

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 could not reasonably have been unaware of, the lack of conformity, or if the lack of conformity has its origin in

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materials supplied by the consumer. materials supplied by the consumer.

Or.en

Amendment 1163Konstantinos Poupakis, Sylvana Rapti




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 of the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.

Or.el





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 of the lack of conformity.

Or.el



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4. The trader shall not be bound by public statements, as referred to in paragraph 2(d) if he shows that one of the following situations existed:

deleted

(a) he was not, and could not reasonably have been, aware of the statement in question;(b) by the time of conclusion of the contract the statement had been corrected;(c) the decision to buy the goods could not have been influenced by the statement.

Or.de

Justification

Die KOM-Fassung klärt nicht deutlich das Verhältnis der einzelnen Maßstäbe für die Vertragsmäßigkeit der Ware. Der Vorschlag geht von einer klaren Rangfolge dieser Maßstäbe aus, die auf dem Vorrang der Vertragsfreiheit beruht. Danach ist in erster Linie die Beschaffenheitsvereinbarung der Parteien maßgeblich; andernfalls kommt es auf den von der Parteien vorausgesetzten (nicht ausdrücklich vereinbarten) Zweck an. Erst dann ist die gewöhnliche Gebrauchseignung in Betracht zu ziehen, und schließlich sind die üblichen oder öffentlich verlautbarten Eigenschaften einer Ware maßgeblich.




(b) by the time of conclusion of the contract the statement had been corrected;

(b) by the time of conclusion of the contract the statement had been correctedby the same means and in due time before;

Or.en

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Justification

The proposal’s exception of the trader’s liability in case of public statements is too wide, e.g. in the case that the original statement of the producer’s television advertisement has been corrected one day before in a small newspaper announcement.





(b) by the time of conclusion of the contract the statement had been correctedin due time by the same means of communication;

Or.en

Amendment 1168Andreas Schwab, Róża Gräfin von Thun und Hohenstein, Rafał Trzaskowski, Małgorzata Handzlik, Sandra Kalniete, Pablo Arias Echeverría




(b) by the time of conclusion of the contract the statement had been corrected in a manner equivalent to that in which it was made or at least prominently in the contract document;

Or.de



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(c) the decision to buy the goods could not have been influenced by the statement.

deleted

Or.en




5. Any lack of conformity resulting from the incorrect installation of the goods shall be considered as a lack of conformity of the goods where the installation forms part of the sales contract and the goods were installed by the trader or under his responsibility. The same shall apply equally if the goods, intended to be installed by the consumer, are installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions.

deleted

Or.de

Justification

For purposes of systematisation, this paragraph is to be moved to an article of its own (Article 24a new) by the same author.




5. Any lack of conformity resulting from 5. The trader shall be liable for lack of

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the incorrect installation of the goods shall be considered as a lack of conformity of the goods where the installation forms part of the sales contract and the goods were installed by the trader or under his responsibility. The same shall apply equally if the goods, intended to be installed by the consumer, are installed by the consumer and the incorrect installation is due to a shortcoming in theinstallation instructions.

conformity arising as a result of thepackaging, the installation instructions and of the installation, when the trader is responsible for this under the terms of the contract.

Or.fr

Amendment 1172Andreas Schwab, Frank Engel

Proposal for a directiveArticle 24 – paragraph 5 a (new)


5a. Member States may not maintain or introduce provisions of national law which depart from the provisions of this Article.

Or.de


Proposal for a directiveArticle 24 – paragraph 5 b (new)


5b. Member States may not maintain or introduce in their national law provisions diverging from those laid down in paragraphs 1 and 2, including more or less stringent provisions in order to ensure a different level of consumer protection.

Or.fr

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Proposal for a directiveArticle 24 – paragraph 5 c (new)


5c. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.

Or.el


Proposal for a directiveArticle 24 a (new)


Lack of conformityGoods delivered shall be deemed not to be in conformity with the contract inter alia if(a) the installation formed part of the sales contract and the goods were installed incorrectly by the trader or under his responsibility;(b) the goods, intended to be installed by the consumer, are installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions;(c) the goods delivered were not those due to be delivered or they were delivered in insufficient quantity.

Or.de

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Justification

Die KOM-Fassung klärt nicht deutlich das Verhältnis der einzelnen Maßstäbe für die Vertragsmäßigkeit der Ware. Der Vorschlag geht von einer klaren Rangfolge dieser Maßstäbe aus, die auf dem Vorrang der Vertragsfreiheit beruht. Danach ist in erster Linie die Beschaffenheitsvereinbarung der Parteien maßgeblich; andernfalls kommt es auf den von der Parteien vorausgesetzten (nicht ausdrücklich vereinbarten) Zweck an. Erst dann ist die gewöhnliche Gebrauchseignung in Betracht zu ziehen, und schließlich sind die üblichen oder öffentlich verlautbarten Eigenschaften einer Ware maßgeblich.




Legal rights – Liability for lack of conformity

deleted

The trader shall be liable to the consumer for any lack of conformity which exists at the time the risk passes to the consumer.

Or.de


Proposal for a directiveArticle 25 – title


Legal rights – Liability for lack of conformity

Absence of legal rights where the consumer is aware of lack of conformity

Or.de

Justification

The consumer’s awareness of a lack of conformity with the contract is immaterial to the existence of that lack of conformity. For that reason, the provision has been moved from Article 24(3) to an article of its own (Article 25).

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Amendment 1178Jürgen Creutzmann




deleted

Or.de

Justification

This wording should be included in Article 26 in order to make clear that it relates only to the specific remedies set out in that article and that it does not imply full liability.





The consumer may not rely on a claim for lack of conformity with the contract if at the time of its conclusion he was aware of the lack of conformity or if he remained unaware of it as a result of gross negligence and the trader did not fraudulently conceal it, or if the lack of conformity has its origin in materials supplied by the consumer.

Or.de

Justification

The consumer’s awareness of a lack of conformity with the contract is immaterial to the existence of that lack of conformity. For that reason, the provision has been moved from Article 24(3) to an article of its own (Article 25).

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The trader and the producer shall be equally liable to the consumer for any lack of conformity which exists at the time the risk passes to the consumer.

Or.en

Amendment 1181Matteo Salvini



Article 25a

Right of recourse

1. Where it is established that the final seller is liable to the consumer because of a lack of conformity resulting from an act or omission by the producer, a previous seller in the same chain of contracts or any other intermediary, the final seller shall have right of recourse against the persons liable in their contractual relations.2. The person or persons liable against whom the final seller may pursue remedies, together with the relevant actions and procedure, shall be determined by national law, in such a way as to ensure the effectiveness of that right.3. A person established as being liable within the meaning of the previous paragraph shall have the burden of

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proving an absence of responsibility for the lack of conformity, or that the remedy made by the final seller for the consumer was not in fact required.

Or.it

Amendment 1182Matteo Salvini

Proposal for a directiveArticle 25 b (new)


Article 25b

Direct producer’s liability

The Member States shall, while respectingthe principle of freedom of contract and the other provisions of national law governing relations between the seller, or any other intermediary, and the consumer, establish types of direct head-of-supply-chain liability for any lack of conformity for which the latter are responsible.

Or.it




Remedies for lack of conformity deleted1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to: (a) have the lack of conformity remedied by repair or replacement,

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(b) have the price reduced,(c) have the contract rescinded.2. The trader shall remedy the lack of conformity by either repair or replacement according to his choice. 3. Where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort, the consumer may choose to have the price reduced or the contract rescinded. A trader's effort is disproportionate if it imposes costs on him which, in comparison with the price reduction or the rescission of the contract, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity. The consumer may only rescind the contract if the lack of conformity is not minor.4. The consumer may resort to any remedy available under paragraph 1, where one of the following situations exists: (a) the trader has implicitly or explicitly refused to remedy the lack of conformity; (b) the trader has failed to remedy the lack of conformity within a reasonable time; (c) the trader has tried to remedy the lack of conformity, causing significant inconvenience to the consumer;(d) the same defect has reappeared more than once within a short period of time.5. The significant inconvenience for the consumer and the reasonable time needed for the trader to remedy the lack of conformity shall be assessed taking into account the nature of the goods or the purpose for which the consumer acquired the goods as provided for by Article 24(2)(b).

Or.de

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Remedies for lack of conformity Legal rights in the event of lack of conformity

Or.de

Justification

The key provision in this chapter lays down a hierarchy of warranty rights. First of all, the consumer may demand that the lack of conformity be remedied (repair or replacement), subject to the criterion of proportionality (paragraph 3).

Amendment 1185Damien Abad, Philippe Juvin



1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to:

deleted

(a) have the lack of conformity remedied by repair or replacement,(b) have the price reduced,(c) have the contract rescinded.

Or.fr



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1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumers are entitled tochoose between the following remedies:

Or.en





1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to choose among the following remedies:

Or.en





1. When the goods present a lack of conformity, the consumer may, under the terms of paragraphs 2 to 5, choose between the following remedies:

Or.fr

Justification

Removal of the notion of a hierarchy of remedies.

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1. When the goods present a lack of conformity, the consumer is entitled, under the terms of paragraphs 2 to 5, to:

(a) have the goods repaired,(b) have the goods replaced,(c) have the price reduced,(d) have the contract rescinded.The consumer may only rescind the contract if the lack of conformity is not minor.

Or.fr

Justification

The notion of a hierarchy of remedies has been removed to ensure that consumers can make the most appropriate choice under the circumstances. Stipulating that a contract cannot be rescinded when there is only a minor lack of conformity nevertheless ensures that this provision remains balanced.





1. In accordance with the conditions laid down in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to:

Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law,

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provisions diverging from those laid down in this Article.

Or.el

Amendment 1191Liem Hoang Ngoc




1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to choose one of the following remedies:

Or.fr

Justification

The choice of a remedy should lie with the consumer.





1. If the goods delivered do not conform to the contract at the time the risk passes to the consumer, the consumer shall have the following legal entitlements:

Or.de

Justification


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1. The trader shall be liable to the consumer for any lack of conformity which exists at the time the risk passes to the consumer. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to:

Or.de





1. 1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumers are entitled tochoose between the following remedies:

Or.en

Amendment 1195Ashley Fox




1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to,

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according to the consumer's choice:

Or.en

Justification

This amendment seeks to introduce a right to reject, enabling consumers to obtain a refund where they have purchased a faulty good.


Proposal for a directive – amending actArticle 26 – paragraph 1 – introductory part



1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled, according to his choice, to:

Or.pl

Justification

The consumer should be entitled to choose the form of remedial action to be taken.

Amendment 1197Malcolm Harbour




1. Where the goods do not conform to the contract, the consumer is entitled to have the lack of conformity remedied by:

Or.en

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Amendment 1198Damien Abad



(a) have the lack of conformity remedied by repair or replacement,

deleted

Or.fr

Justification

See amendment seeking to remove the hierarchy of remedies in Article 26(1).





deleted

Or.de

Justification





(a) have the lack of conformity remedied (a) repair

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EN

by repair or replacement,

Or.en





(a) repair,

Or.en





(a) having the goods repaired,

Or.fr




a) have the lack of conformity remedied by repair or replacement,

a have the lack of conformity remedied by repair,

Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down

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in this Article.

Or.el





(a) repair,

Or.en





(a) repair or replacement;

Or.en


Proposal for a directiveArticle 26 – paragraph 1 – point a a (new)


(aa) replacement

Or.en

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EN


Proposal for a directiveArticle 26 – paragraph 1 – point a b (new)


(ab) replacement,

Or.en


Proposal for a directiveArticle 26 – paragraph 1 – point a c (new)


(ac) having the goods replaced,

Or.fr


Proposal for a directiveArticle 26 – paragraph 1 – point aa (new)


αα) have the lack of conformity remedied by replacement,Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.

Or.el

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(b) have the price reduced, deleted

Or.fr

Justification





(b) have the price reduced, deleted

Or.de

Justification





(b) have the price reduced, (b) Price reduction,

Or.en

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EN




(b) have the price reduced, (b) price reduction,

Or.en




(b) have the price reduced, (b) having the price reduced,

Or.fr




(b) have the price reduced, (b) price reduction,

Or.en



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(b) have the price reduced, (b) having the price reduced;

Or.en


Proposal for a directiveArticle 26 – paragraph 1 – point b a (new)


(ba) replacement,

Or.en




(c) have the contract rescinded. deleted

Or.fr

Justification





(c) have the contract rescinded. deleted

PE452.545v01-00 42/222 AM\836859EN.doc

EN

Or.de

Justification





(c) have the contract rescinded. (c) to rescind the contract. The contract shall be rescinded with undue delay and within a maximum period of 30 days following the consumer's request to rescind the contract.

Or.en




(c) have the contract rescinded. (c) Withdrawal from the contract within thirty days from the date of receipt of the goods. The consumer is legally entitled to withdraw from the contract in cases of mixed contract, unless the provision of the services constitutes the main part of the contract.

Or.en

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(c) have the contract rescinded. (c) having the contract rescinded.

Or.fr




(c) have the contract rescinded. (c) rescission of the contract within a period of 30 days from the date of receipt of the goods.

Or.en




(c) have the contract rescinded. (c) having the contract terminated and receiving a full refund of the price.

Or.en


Proposal for a directiveArticle 26 – paragraph 1 – point c a (new)

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EN


(ca) Where the contract is a mixed-purpose contract the consumer is entitled to have the entire contract rescinded unless the provision of the service constitutes the predominant part of the contract.

Or.en


Proposal for a directiveArticle 26 – paragraph 1 – point c b (new)


(cb) With regard to digital services, when technical problems may cause the download to be delayed or not to be delivered within a reasonable period or when downloading is prevented, the consumer is entitled to a replacement or refund of the digital content;

Or.de




1a. Damages

Or.de

Justification

If a remedy has not worked, has been refused or is irrelevant, the consumer is entitled, at the second level of the hierarchy of rights, to have the trader reduce the price, rescind the

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contract or pay damages.




1b. The consumer may only rescind the contract if the lack of conformity is not minor.

Or.fr

Amendment 1229Zuzana Roithová



1c. With regard to digital goods, when technical problems may cause the download to be delayed or not delivered within a reasonable period or prevented from downloading, the consumer is entitled to a replacement or refund of the digital content.

Or.en

Amendment 1230Małgorzata Handzlik, Rafał Trzaskowski

Proposal for a directiveArticle 26 – paragraph 1 d (new)


1d. With regard to digital services, when technical problems may cause the download to be delayed or not delivered

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within a reasonable period or prevented from downloading, the consumer is entitled to a replacement or refund of the digital content.

Or.en

Justification

Full level of harmonization.

Amendment 1231Pablo Arias Echeverría

Proposal for a directiveArticle 26 – paragraph 1 e (new)


1e. With regard to digital services, when technical problems may cause the download to be delayed or not delivered within a reasonable period of time, or prevented from downloading, the consumer is entitled to a replacement or a refund of the price paid for the digital content.

Or.en




2. The trader shall remedy the lack of conformity by either repair or replacement according to his choice.

deleted

Or.de

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deleted

Or.fr





deleted

Or.en





deleted

Or.fr

Justification

The choice of remedy should lie with the consumer, not the trader.

PE452.545v01-00 48/222 AM\836859EN.doc

EN





deleted

Or.en





deleted

Or.fr

Justification






2. The trader shall remedy the lack of conformity by either repair or replacement according to the consumer's choice.

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Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.

Or.el




2. The trader shall remedy the lack of conformity by either repair or replacementaccording to his choice.

2. The trader shall fulfil his obligations in respect of the lack of conformity according to the consumer's choice, provided it is feasible and does not entail disproportionate costs for the trader.

Or.el





2. The trader shall remedy the lack of conformity by either repair or replacement according to the choice of the consumer.During a period of thirty days from the day risk passes to the consumer, he may instead terminate the contract and receive a full refund, except where the lack of conformity is trivial. The period of thirty days shall be reduced where:(a) the goods are perishable; or(b) the consumer should have discovered the lack of conformity before carrying out

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an act inconsistent with returning the goods.

Or.en


Proposal for a directiveArticle 26 – paragraph 2 – indent 1 (new)


- Concerning digital services the trader shall remedy the lack of conformity by either repair or replacement according to his choice.

Or.de




2a. Where the consumer agrees that the lack of conformity should be remedied by repair or replacement, the period referred to in paragraph 2 is suspended until the repair is successfully completed or found not to be possible, or the consumer has acquired material possession of the replacement good.

Or.en


Proposal for a directiveArticle 26 – paragraph 3 – subparagraph 1

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Where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort, the consumer may choose to have the price reduced or the contract rescinded. A trader’s effort is disproportionate if it imposes costs on him which, in comparison with the price reduction or the rescission of the contract, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity.

deleted

Or.fr

Justification





Where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort, the consumer may choose to have the price reduced or the contract rescinded. A trader's effort is disproportionate if it imposes costs on him which, in comparison with the price reduction or the rescission of the contract, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity.

Where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort, the consumer may choose to have the price reduced, to have the contract rescinded or to be paid damages. A trader's effort is disproportionate if it imposes costs on him which, in comparison with the price reduction or the rescission of the contract, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity.

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Or.de

(See Article 26(1).)





When the consumer chooses to have the goods repaired or replaced, the trader must do so as soon as possible, unless the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort. A trader’s effort is disproportionate if it imposes costs on him which, in comparison with the price reduction or the rescission of the contract, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity.

Or.fr




Where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort, the consumer may choose to have the price reduced or the contract rescinded. A trader's effort is disproportionate if it imposes costs on him which, in comparison with the price

The consumer is not entitled to have the lack of conformity remedied by repair or replacement where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort. A trader's effort is disproportionate if it imposes costs on him which, in comparison with any other

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reduction or the rescission of the contract,are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity.

remedy available to the consumer are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity.

Or.en

Justification

Consumer confidence will be boosted by allowing them to choose between repair, replacement, termination and price reduction, unless it requires disproportionate effort for the trader.





The consumer has no right to claim the lack of conformity remedied by repair or replacement, where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort. A trader's effort is disproportionate if it imposes costs on him which, in comparison with the price reduction or the rescission of the contract, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity.

Or.en



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EN



The consumer is not entitled to have the goods repaired or replaced when the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort. A trader’s effort is disproportionate if it imposes costs on him which, in comparison with the price reduction or the rescission of the contract, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity.

Or.fr

Amendment 1249Othmar Karas




A remedy shall be deemed disproportionate if it would cause the trader to incur costs which,

(a) in the light of what would be the value of the goods if there were no lack of conformity,(b) taking into account the significance of

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the lack of conformity,(c) and after consideration of whether any other remedy that would not significantly inconvenience the consumer might be available,would be unreasonable by comparison with those of other feasible remedies.Repair or replacement shall take place within a reasonable time and without significant inconvenience for the consumer.

Or.de

Justification

The amendment brings the wording into line with the existing consumer goods directive, to which businesses and consumers had to adapt only a few years ago. It should also be possible to consider whether a remedy is disproportionate by comparing the costs of repair and of termination of the contract. Otherwise the right balance is not struck between the interests of the consumer and those of trader.





The consumer is not entitled to have the lack of conformity remedied by repair or replacement where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort. A trader's effort is disproportionate if it imposes costs on him which, in comparison any other remedy available to the consumer, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity.

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EN

Or.en




Where the trader has proved thatremedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader a disproportionate effort, the consumer may choose to havethe price reduced or the contract rescinded. A trader's effort is disproportionate if it imposes costs on him which, in comparison with the price reduction or the rescission of the contract, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity.

Where the remedy chosen by the consumer is repair or replacement and the trader has proved that remedying the lack of conformity according to the choice of the consumer is unlawful, impossible or would cause the trader a disproportionate effort, the consumer shall be offered the other of those two remedies.

Or.en


Proposal for a directiveArticle 26 – paragraph 3 – subparagraph 1 a (new)


A trader's effort is disproportionate if it imposes costs on him which, in comparison with the other remedy, are excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity.

Or.en

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Proposal for a directiveArticle 26 – paragraph 3 – subparagraph 1 b (new)


In the event that both of those remedies are unlawful, impossible or would cause the trader a disproportionate effort, the consumer may choose freely between having the price reduced or the contract terminated.

Or.en




The consumer may only rescind the contract if the lack of conformity is not minor.

deleted

Or.fr

Justification





The consumer may only rescind the contract if the lack of conformity is not

deleted

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minor.

Or.fr

Justification

This text is now included in Article 26(1a).




The consumer may only rescind the contract if the lack of conformity is not minor.

deleted

Or.en

Justification

Difficulties regarding the definition of 'minor'' would lead to court cases and reliance on the subsequent case law




The consumer may only rescind the contract if the lack of conformity is notminor.

The consumer may rescind the contract, unless the trader can prove that the lack of conformity is minor.

Or.en

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EN




The consumer may only rescind the contract if the lack of conformity is notminor.

The consumer may rescind the contract, except where the lack of conformity is minor and does not affect the function of the good, its safety or appearance. Where the trader refuses to rescind the contract, the burden of proof shall lie with him.

Or.el




3a. If the consumer chooses repair, replacement or having the price reduced, and this choice proves impossible, unlawful or would cause the trader a disproportionate effort, the trader may insist vis à vis the consumer that the lack of conformity be remedied by repair or replacement, according to the consumer's initial choice. A trader's effort is disproportionate if it imposes costs on him which, in comparison with the repair or replacement, is excessive, taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity.

Or.fr

Justification

This makes the wording of this paragraph consistent with paragraphs 1 and 2.

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4. The consumer may resort to any remedy available under paragraph 1, where one of the following situations exists:

Deleted.

a) the trader has implicitly or explicitly refused to remedy the lack of conformity;b) the trader has failed to remedy the lack of conformity within a reasonable time;c) the trader has tried to remedy the lack of conformity, causing significant inconvenience to the consumer;d) the same defect has reappeared more than once within a short period of time.

Or.fr

(See the amendments by Mr Hoang Ngoc to Article 26, paragraph 1, introduction, and Article 26, paragraph 2.)

Justification

The choice of remedy must be made by the consumer in all cases, and not only in the cases enumerated in this paragraph.




4. The consumer may resort to any remedy available under paragraph 1, where one of the following situations

deleted

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exists:α) the trader has implicitly or explicitly refused to remedy the lack of conformity;β) the trader has failed to remedy the lack of conformity within a reasonable time;γ) the trader has tried to remedy the lack of conformity, causing significant inconvenience to the consumer;δ) the same defect has reappeared more than once within a short period of time.

Or.el





4. With exception of paragraph 1e), theconsumer may resort to any remedy available under paragraph 1, where one of the following situations exists:

Or.en





4. by derogation from paragraph 1 d) theconsumer may resort to any remedy available under paragraph 1, where one of the following situations exists:

Or.en

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4. When the remedy chosen is repair or replacement, the consumer may resort to having the contract rescinded or the price reduced when one of the following situations exists:

Or.fr





4. In case of repair or replacement of goods, chosen by the consumer or insisted on by the trader, the consumer may nonetheless resort to having the contract rescinded or the price reduced, where one of the following situations exist:

Or.fr

Justification

This makes the introductory paragraph more explicit.




4. The consumer may resort to any 4. Without prejudice to paragraph 5(b),

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remedy available under paragraph 1, where one of the following situations exists:

the consumer may insist on a reasonable reduction in price or rescission of the contract, where one of the following situations exists:

Or.de

Justification

The existing hierarchy of remedies should be maintained. The amendment brings the wording into line with the existing consumer goods directive, to which businesses and consumers had to adapt only a few years ago.

Amendment 1267Andreas Schwab, Róża Gräfin von Thun und Hohenstein, Rafał Trzaskowski, Małgorzata Handzlik, Sandra Kalniete, Pablo Arias Echeverría




4. Without prejudice to paragraph 5(b), the consumer may insist on a reasonable reduction in price or rescission of the contract, where one of the following situations exists:

(a) the consumer is entitled to neither repair nor replacement;(aa) the trader has refused explicitly or by his conduct to remedy the lack of conformity;(b) the trader has failed to remedy the lack of conformity within a reasonable time;(c) the trader has remedied the lack of conformity, causing significant inconvenience to the consumer;(d) the same defect has reappeared more than once within a short time of the repair.

Or.de

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Justification

This amendment replaces the previous Amendment 141.





4. Where the consumer can require the goods to be repaired and the deadline for the trader to effect the repair has passed without result, the consumer may undertake the repair himself and require compensation from the trader for the necessary expenditure thereby entailed. It shall not be necessary to set a deadline if the trader has refused to effect the repair or if, taking account of the interests of both parties, special circumstances justify the consumer undertaking it himself immediately.

Or.de

Justification

Die zentrale Vorschrift des Kapitels stellt ein Stufenverhältnis der Gewährleistungsrechte her. Primär kann der Verbraucher bei Vertragswidrigkeit der Ware Abhilfe (Nachbesserung oder Ersatzlieferung) verlangen, begrenzt durch das Kriterium der Verhältnismäßigkeit (Absatz 3). Der neue Absatz 4 normiert in Anknüpfung an den Nachbesserungsanspruch einen weiteren Rechtsbehelf für den Verbraucher: Nach erfolgloser Fristsetzung zur Nachbesserung hat dieser das Recht zur Selbstvornahme und kann dann Ersatz seiner erforderlichen Aufwendungen vom Gewerbetreibenden verlangen.



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4. Notwithstanding paragraph 1(d) theconsumer may resort to any remedy available under paragraph 1, where one of the following situations exists:

Or.en

Amendment 1270Anna Maria Corazza Bildt




4. The consumer may insist on a reasonable reduction in price or rescission of the contract, where one of the following situations exists:

Or.en

Amendment 1271Lara Comi




4. Without prejudice to paragraph 5(b), the consumer may insist on a reasonable reduction in price or rescission of the contract, where one of the following situations exists:

a) the consumer is entitled to neither repair nor replacement, or

Or.en

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EN




(a) the trader has implicitly or explicitly refused to remedy the lack of conformity;

deleted

Or.de

Justification

Follow-up to the author's amendments to Article 26.





(a) the consumer is entitled to neither repair nor replacement;

Or.de

Justification

The amendment brings the wording into line with the existing consumer goods directive, to which businesses and consumers had to adapt only a few years ago.





(a) the consumer is entitled neither to repair nor replacement, or

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Or.en





(a) the trader has refused expressively or by concludent behaviour to remedy the lack of conformity;

Or.en


Proposal for a directiveArticle 26 – paragraph 4 – point a a (new)


(aa) the trader has refused to remedy the lack of conformity;

Or.en




b) the trader has failed to remedy the lack of conformity within a reasonable time;

deleted

Or.de

Justification


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(b) the trader has failed to remedy the lack of conformity within a reasonable time;

(b) the trader has failed, or according to objective circumstances is likely to fail, toremedy the lack of conformity within a reasonable time;

Or.en




c) the trader has tried to remedy the lack of conformity, causing significant inconvenience to the consumer;

deleted

Or.de

Justification





c) the trader has tried to remedy the lack of conformity, causing significant

c) repairing or replacing the product would cause significant inconvenience to

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inconvenience to the consumer; the consumer;

Or.de

Justification

The implication of the Commission proposal would be that even if the lack of conformity were to be remedied, the consumer would still be entitled to a price reduction/cancellation of the contract. This would introduce a punitive element inappropriate in the area of product warranties.




(c) the trader has tried to remedy the lack of conformity, causing significant inconvenience to the consumer;

(c) the trader has remedied the lack of conformity, causing significant inconvenience to the consumer;

Or.en





(c) the trader has remedied the lack of conformity, causing significant inconvenience to the consumer;

Or.en



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(c) the trader has remedied the lack of conformity, causing significant inconvenience to the consumer, or if the trader, according to objective circumstances, will not be able to remedy the lack of conformity without causing significant inconvenience to the consumer;

Or.en




d) the same defect has reappeared more than once within a short period of time.

deleted

Or.de

Justification





(d) the same defect has reappeared more than once within a short period of time.

(d) the same defect or other defect has reappeared after the good was repaired or replaced.

Or.en

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(d) the same defect has reappeared or a new one occurred, after a good has been repaired or replaced once.

Or.en





d) The same defect has reappeared or a fresh defect has appeared after the goods have already been repaired or replaced once.

Or.fr





(d) the same or another similar defect has appeared after the good was repaired or replaced.

Or.en

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d) the same defect has reappeared morethan once within a short period of time and the trader has already made at least two attempts to effect a repair.

Or.de





(d) the same or another defect has reappeared within a short period of timeafter the good was first repaired or replaced.

Or.en





(d) the same defect has reappeared twice.

Or.en

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(d) the same defect has reappeared more than twice within a short period of time.

Or.en





(d) after repair, a defect appears within a short time;

Or.en


Proposal for a directiveArticle 26 – paragraph 4 – point d a (new)


(da) the consumer has grounds to believe that the goods are dangerous.

Or.en



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5. The significant inconvenience for the consumer and the reasonable time needed for the trader to remedy the lack of conformity shall be assessed taking into account the nature of the goods or the purpose for which the consumer acquired the goods as provided for by Article 24(2)(b).

Deleted.

Or.fr

(See Mr Liem Ngoc's amendment to Article 26, paragraph 4.)





Deleted.

Or.fr

Justification

Consistency with the rest of the amended article.



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5. If it is impossible or unreasonable for the trader to remedy the lack of conformity, or if the lack of conformity is not remedied within a reasonable period, the consumer may demand an appropriate reduction in the purchase price or withdraw from the contract. A minor lack of conformity shall not give rise to a right of withdrawal.

Or.de

Justification

The key provision in this chapter lays down a hierarchy of legal rights. First of all, the consumer may demand that the lack of conformity be remedied (repair or replacement), subject to the criterion of proportionality (paragraph 3). If no such remedy can be obtained, the consumer should be able to secure a price reduction or withdraw from the contract (paragraph 5).




5a. The Member States shall have the power to maintain or to adopt national provisions allowing greater consumer choice between the remedies set out in paragraph 1 in case of lack of conformity, so as to guarantee a higher level of consumer protection.

Or.fr

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Amendment 1299Andreas Schwab



5b. Member States may adopt or maintain provisions of national law giving consumers, in the event of lack of conformity, a free choice from among the remedies referred to in paragraph 1, in order to ensure a higher level of protection for consumers. However, the relevant provisions of national law must be consistent with the Treaty on the Functioning of the European Union and, in particular, must not run counter to the aim of the Directive, namely that of guaranteeing the smooth functioning of the internal market and preventing distortions of competition in the Union. With that aim in view, the provisions of national law must be fit for purpose and proportionate.

Or.de

Justification





5c. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down

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in this Article.

Or.el




5d. Member States may adopt or maintain provisions of national law giving consumers, in the event of lack of conformity, the right for a short period to terminate the contract and receive a full refund or a free choice from among the remedies referred to in paragraph 1, in order to ensure a higher level of protection for consumers.

Or.en




Costs and damages deleted1. The consumer shall be entitled to have the lack of conformity remedied free of any cost.2. Without prejudice to the provisions of this Chapter, the consumer may claim damages for any loss not remedied in accordance with Article 26.

Or.de

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Justification

Die Vorschrift kann aus hiesiger Sicht vollständig entfallen. Dass einer Vertragswidrigkeit unentgeltlich abgeholfen werden muss, ergibt sich nunmehr bereits aus Art. 26 Abs. 2 n.F derselben Verfasserin. Der Anspruch auf Erstattung der Selbstvornahmekosten ergibt sich nunmehr aus Art. 26 Abs. 4 n.F derselben Verfasserin. Die Regelung zum Schadensersatz in Art. 27 Abs. 3 greift ohne ersichtlichen Grund in das allgemeine Vertragsrecht der Mitgliedstaaten über. In der gewählten Fassung ist die Norm auch unbrauchbar, weil der Richtlinienvorschlag in Art. 26 a.F. abhilfefähige Schäden überhaupt nicht regelt.

Amendment 1303Olga Sehnalová



1. The consumer shall be entitled to have the lack of conformity remedied free of any cost.


The trader who is the final seller must refund to the consumer the cost of remedying the lack of conformity where this is effected by a technically competent trader other than the appointed service agent.

Or.cs

Justification

This amendment is intended to protect consumers against cancellation of guarantees because of unqualified consumer repair or adjustment of the product.




1. The consumer shall be entitled to havethe lack of conformity remedied free of

1. The measures taken to remedy the lack of conformity of the goods must not

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any cost. involve any cost to the consumer.

Or.fr

Justification

Under no circumstances should the consumer have to bear the cost or a part of the cost of steps taken to remedy the lack of conformity of the goods.





1. The consumer shall be entitled to have the product brought into conformity with the contract of sale free of any cost.

Or.de

Justification

The amendment brings the wording into line with the existing consumer goods directive, to which businesses and consumers had to adapt only a few years ago. In the event of the cancellation of the contract, claims on account of unjust enrichment should still be valid, since otherwise the provision would have a punitive element inappropriate in the area of civil law.

Amendment 1306Róża Gräfin von Thun und Hohenstein




1. The consumer shall be entitled to have the lack of conformity remedied free of any cost, which shall mean, in particular, costs relating to disassembly, delivery, labour, materials, reinstallation and

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bringing the item back into service.

Or.pl

Amendment 1307Toine Manders




1. The consumer shall be entitled to have the lack of conformity remedied by repairfree of any cost. If the lack of conformity is redressed by replacement or cancellation of the contract, the consumer is entitled to remuneration of the defective good until the book value the good had at the time the consumer notified the trader of the lack of conformity.

Or.en




1a. When the trader has remedied the lack of conformity by replacement, or when the consumer has withdrawn from the contract on the grounds of the lack of conformity of the product, in addition to the action provided for in paragraph 1 the trader shall reimburse to the consumer the cost of installing and removing the product concerned, provided that the product requires installation in order to be used for its intended purpose.

Or.de

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Justification

Article 27(1) of the Commission proposal stipulates that lack of conformity must be remedied free of any cost. In addition, it should be specified that if the product concerned is replaced or removed following withdrawal on the part of the consumer, the trader must reimburse the cost of installing and removing the product if it requires installation in order to be used for its intended purpose (tiles, parquet flooring, etc.). Like the cost of repairing damage, other costs should be reimbursable only as a result of negligence.




1b. When the consumer remedies the lack of conformity of the product without having first given the trader the opportunity to do so within a reasonable period, the costs shall only be reimbursed by the trader, and then only up to a maximum of the amount saved, if pressing circumstances justified immediate action by the consumer.

Or.de

Justification

A requirement on the part of the trader to reimburse the costs incurred by the consumer in independently remedying the lack of conformity of a product should not serve to call into question the sensible principle that priority should be given to repair by the trader. If the consumer remedies the lack of conformity and thus presents the trader with a fait accompli, in many cases it will be difficult to determine whether the consumer is still entitled to assert his or her legal rights.

Amendment 1310Małgorzata Handzlik


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1c. The consumer shall also be refunded by the trader, to a reasonable extent, the cost of remedying the lack of conformity himself. Any remedying by the consumer of lack of conformity shall be carried out with the agreement of the trader.

Or.pl

Justification

This amendment is intended to clarify the provision inserted by the rapporteur. Its aim is to avoid situations in which, in seeking to remedy the lack of conformity himself, the consumer causes further damage to the product. Full level of harmonisation.




2. Without prejudice to the provisions of this Chapter, the consumer may claim damages for any loss not remedied in accordance with Article 26.

deleted

Or.de





deleted

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Or.de





2. The consumer may claim damages for any loss not remedied in accordance with Article 26, including any non-pecuniary loss caused by the non-conformity in so far as the consumer is entitled to the compensation of such non-pecuniary loss under the law applicable to the contract.

Or.en

Justification

Leaving the matter of damages largely to national law is acceptable at the current state of the law given the large differences between the Member States and, in particular, the different approach to non-pecuniary loss (sometimes referred to as ‘moral damage’). However it should be stated explicitly.





2. The consumer may claim damages for any loss not remedied in accordance with Article 26. This also applies to non-pecuniary losses caused by non-conformity of the contract insofar as the consumer is entitled to compensation for personal suffering.

Or.en

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2. The provisions of this Chapter shall not affect the provisions and principles of the Member States concerning contractual and non-contractual liability. Any claims for compensation in cases of non-conformity shall therefore not be affected by the provisions of this Chapter and shall be governed by the applicable national law.

Or.de

Justification

The legal uncertainty created by including provisions on compensation is undesirable: it is not clear what forms of damage would give rise to an entitlement to compensation and what the relevant criteria would be. By means of the proposal for a directive under consideration here the Commission cannot seriously hope to harmonise compensation law throughout Europe.

Amendment 1316Andreas Schwab, Anja Weisgerber




2. Subject to the provisions of applicable national law, and without prejudice to the provisions of this Chapter, the consumer may claim damages for any loss not remedied in accordance with Article 26.

Or.de

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2. Without prejudice to the provisions of this Chapter, the consumer may claim damages in accordance with national legislation for any loss not remedied in accordance with Article 26.

Or.el




2a. In addition to the right of withdrawal, the consumer shall be entitled to claim compensation from the trader.

Or.de




Time limits and burden of proof deleted1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer.2. When the trader has remedied the lack

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of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods.3. In the case of second-hand goods, the trader and the consumer may agree on a shorter liability period, which may not be less than one year.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.5. Unless proved otherwise, any lack of conformity which becomes apparent within six months 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.

Or.de




1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer.

1. The trader shall be held liable under Article 25 where the lack of conformity arises within two years as from the time the risk passed to the consumer.

Or.de

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Justification

An objective assessment of lack of conformity must be possible.





1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within three years as from the time the risk passed to the consumer.

Or.de





1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within three years as from the time the risk passed to the consumer.

Or.en

Justification

A significant number of Member States do provide for longer guarantee periods than two years: The proposed directive would decrease consumer protection in Member States where consumers currently do have the possibility to appeal to longer periods

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1. The trader shall be held liable under Article 25 where the lack of conformity occurs within three years as from the time the risk passed to the consumer.

Or.en

Amendment 1324Wim van de Camp




1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer.Nevertheless, a trader can be held liable for a lack of conformity with the contract which becomes apparent after the two years referred to in the first sentence have expired, if it would not be reasonable for the trader to plea the expiration of that term considering the quality and performance which are normal in goods of the same type and which the consumer may reasonable expect, considering the nature of the goods, and taking into account any commercial communication on the specific characteristics of the goods.Member States may not maintain or introduce, in their national law; provisions diverging from those laid down in Article 28, including more or less stringent provisions intended to ensure a

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different level of consumer protection.

Or.en





1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer.If, under national law, the rights laid down in Article 26(1) are subject to a limitation period, that period shall not expire within two years as from the time the risk passed to the consumer.

Or.de

Justification

The Commission proposal would effectively lay down an open-ended time period, since it stipulates only that the lack of conformity must become 'apparent' within two years. If under national law the rights laid down in Article 26 are subject to a limitation period, clarification is required in line with the existing consumer goods directive.





1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within three years as from the time the risk passed to theconsumer.

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Or.el





1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer.However, those Member States which so wish may maintain the national legal provisions in force at the time the Directive is adopted, which make the trader liable under Article 25 from the time the lack of conformity is ascertained by the consumer.

Or.fr

Amendment 1328Liem Hoang Ngoc, Bernadette Vergnaud




1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within one year as from the day the consumer became aware of the lack of conformity.

Or.fr

Justification

Only awareness of the lack of conformity will enable the consumer to take effective action against the trader. Furthermore, a lack of conformity can become apparent well after the delivery or the transfer of risk, without being the consequence of wear and tear. Particularly as regards lasting goods, the consumer must take action swiftly, within no more than one

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year.

Amendment 1329Anna Maria Corazza Bildt, Sandra Kalniete





Where the lack of conformity relates to a good used in connection with a service regarding work on an immovable property, the trader shall be held liable under Article 25 when the lack of conformity becomes apparent within ten years as from the time the risk passed to the consumer.

Or.en





1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within six years as from the time the risk passed to the consumer.

Or.en

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1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within a specific period of time laid down by national legislation, which shall be of a duration of at least two years as from the time the risk passed to the consumer.

Or.el





1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer.Nonetheless, a trader can be held liable for a lack of conformity with the contract which becomes apparent after the two years referred to in the first sentence have passed, if it is unreasonable for the trader to advocate the expiration of that termconsidering the quality and performance which are normal in goods of the same type and which the consumer may reasonably expect, considering the nature of the goods, and taking into account any commercial communication on the specific characteristics and durability of the goods.

Or.en

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Proposal for a directive – amending actArticle 28 – paragraph 1



1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within six years as from the time the risk passed to the consumer.

Or.pl

Justification

Two years is much too short a period in which to detect fault in complex products such as heating equipment.

Amendment 1334Liem Hoang Ngoc, Bernadette Vergnaud



1a. The Member States shall establish the deadline by which the rights conferred on the consumer by virtue of Article 25 become void.

Or.fr

Justification

So as to give transactions between consumers and traders legal security, there must be a time limit on action by the consumer on the basis of a lack of conformity.



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1b. When the trader has remedied the lack of conformity by repair, the periods provided in paragraph 1 shall be suspended by the period of time during which the goods were not in the physical possession of the consumer due to the repair.

Or.en




1c. In the case of certain durable goods, such as building materials or motor vehicles, etc., Member States may lay down a longer time limit than the period specified in paragraph 1.

Or.cs




2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods.

2. When the trader has remedied the lack of conformity by repair, the period specified under paragraph 1 shall be suspended from the moment the consumer informs the trader of the lack of conformity untilthe moment the consumer has reacquiredthe material possession of the repairedgoods.

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Or.en

Justification

Regarding paragraphs 2 and 3, the guarantee period should start anew in case of replacement or be suspended in case of repair.




2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the consumer or a third party indicated by the consumerhas acquired the material possession of the replaced goods.

2. When the trader has remedied the lack of conformity by repair, the time frame mentioned under paragraph 1 shall be interrupted, when the consumer indicates the lack of conformity to the trader, untilthe consumer has again acquired propertyof the replaced goods.

Or.en




2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods.

2. When the trader has remedied the lack of conformity by replacement, the period stipulated in paragraph 1 starts to run again as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods and only for defective elements which have been replaced, unless the trader agrees to extend the guarantee to the replaced goods in their entirety..

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Or.fr

Justification

So as to avoid establishing a theoretically limitless guarantee period for goods here, it needs to be stipulated that the trader's liability applies only to the defective elements in the initial products which have been replaced, unless the trader agrees to cover the replaced goods in their entirety.




2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within twoyears as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods.

2. When the consumer has objective difficulties in identifying the lack of conformity and it is related to the purpose for which goods of the same type are normally used, as provided in Article 24, paragraph 2(c), the trader shall be held liable under Article 25 where the lack of conformity becomes apparent within ten years as from the time the risk passed to the consumer.

Or.el




2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the

2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the

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replaced goods. originally purchased goods.

Or.de

Justification

Replacement of a product by the trader should not give rise to a potentially open-ended 'chain warranty'.





2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within the period of time laid down in paragraph 1 as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods.

Or.el




2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the consumer or a third party indicated by the consumerhas acquired the material possession of the replaced goods.

2. When the trader has remedied the lack of conformity by repair or replacement, the period specified under paragraph 1 shall be suspended from the moment the consumer informs the trader of the lack of conformity until the moment the consumer has reacquired the material possession of the replaced or repaired goods.

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Or.en





2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within sixyears as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods.

Or.pl

Justification

A six-year period should also apply to the replacement product.




2a. When the trader has remedied the lack of conformity by repair, the relevant liability period shall be extended by the period during which the consumer was not in material possession of the product owing to the need to effect a repair.

Or.de

Justification

In cases where a product is replaced, the liability and presumption periods begin afresh when the replacement product is delivered. In cases where a product is repaired, the liability period

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is extended by an appropriate amount. As regards spare parts used in effecting a repair, the trader should be liable for any lack of conformity until the liability period for the purchased product has expired, and at least for six months following completion of the repair.




2b. When the trader has used spare parts in bringing the product into conformity with the contract of sale by effecting a repair, he shall be liable for the lack of conformity of the spare parts until the relevant liability period for the product has expired, and for no less than six months following completion of the repair.

Or.de

Justification

In cases where a product is replaced, the liability and presumption periods begin afresh when the replacement product is delivered. In cases where a product is repaired, the liability period is extended by an appropriate amount. As regards spare parts used in effecting a repair, the trader should be liable for any lack of conformity until the liability period for the purchased product has expired, and at least for six months following completion of the repair.

Amendment 1347Róża Gräfin von Thun und Hohenstein, Rafał Trzaskowski



2c. The period referred to in paragraph 1 shall be suspended during the remedial work and shall resume at the time when the consumer acquires the material possession of the goods that have been

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brought into conformity with the contract.

Or.pl




3. In the case of second-hand goods, the trader and the consumer may agree on a shorter liability period, which may not be less than one year.

deleted

Or.en





deleted

Or.en




3. In the case of second-hand goods, the trader and the consumer may agree on a shorter liability period, which may not be

deleted

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less than one year.

Or.en





3. In the case of second-hand goods, the trader and the consumer may agree on a shorter liability period, which may not be less than one year from the time the risk passed to the consumer.

Or.el




3a. Where the trader has remedied the lack of conformity by replacement, the period specified in paragraph 1 shall start anew as from the moment the consumer as acquired the material possession of the replaced good.

Or.en

Justification

Regarding paragraphs 2 and 3, the guarantee period should start anew in case of replacement or be suspended in case of repair.

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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

Or.de





deleted

Or.en

Justification

Regarding paragraph 4 of the Commission proposal, some Member States have currently a duty to notify in their national law, whereas others have not. The introduction of such a duty for consumers on an EU wide level is not justified. Consumers in any event have an interest to notify the default as early as possible in order to receive as quickly as possible a good which functions properly.

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deleted

Or.en





deleted

Or.en




4. In order to benefit from his rights under Article 25, the consumer shall inform the trader of the lack ofconformity within two months from the

deleted

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date on which he detected the lack of conformity.

Or.pl

Justification

The two-month period restricts the consumer's rights.





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, unless the circumstances make it unreasonable to expect this of the consumer.

Or.en




5. Unless proved otherwise, any lack of conformity which becomes apparent within six months 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.

deleted

Or.el

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5. Unless proved otherwise, any lack of conformity which becomes apparent within one year 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.

Or.en

Justification

Regarding the reversal of the burden of proof, it is often very difficult for a consumer to show that a defective product was already defective at the time of delivery. The help of an expert is often necessary to provide such proof, and it is much easier for industry to argue technical details. Retailers will be able to produce proof of the contrary. Against his background the current minimum of a 6 month period for the reversal of the burden of proof should be extended to one year.






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Or.en





5. Unless the trader provides proof of the contrary, any lack of conformity which becomes apparent within two 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.

Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in Article 28, including more or less stringent provisions intended to ensure a different level of consumer protection.

Or.en





5. Unless proved otherwise, any lack of conformity which becomes apparent within twelve months 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.

Or.fr

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Justification

Increasing the length of time during which a lack of conformity is presumed to have existed at the moment of transfer, from six months to twelve, raises the minimum protection level within the EU.





5. Unless proved otherwise, any lack of conformity which becomes apparent within 12 months 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. If the lack of conformity is remedied by replacement, the period referred to in the first sentence shall be deemed to start when material possession is taken of the replacement product.

Or.de

Justification

In cases where a product is replaced, the liability and presumption periods begin afresh when the replacement product is delivered. As regards spare parts used in effecting a repair, the trader should be liable for any lack of conformity until the liability period for the purchased product has expired. In addition, the presumption period should be extended to 12 months, in order to take account of the fact that the trader is in a better position to assess the conformity of the product. In this way the risks relating to the burden of proof would be spread more fairly.



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5. Unless proved otherwise, any lack of conformity which becomes apparent within twelve months of the time when the risk passed to the consumer, shall be presumed to have existed at that time.

Or.fr

Justification

Increasing the time during which a lack of conformity is presumed to have existed at the moment of transfer, from six months to twelve, raises the minimum protection level within the EU and guarantees a stronger level of protection for consumers.

Amendment 1366Philippe Juvin




5. Unless proved otherwise, any lack of conformity which becomes apparent within twelve months 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.

Or.fr

Justification

It is important to extend the period during which a lack of conformity is presumed to have existed following the transfer of risk to the consumer so as to guarantee a higher level of protection.

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Or.el





5. Unless proved otherwise, any lack of conformity which becomes apparent within two 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.

Or.en



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5. Unless proved otherwise, any lack of conformity which becomes apparent within twelve months of the time when the risk passed to the consumer, shall be presumed to have existed at that time.

Or.fr





5. Unless proved otherwise, any lack of conformity which becomes apparent within two 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.

Or.en




5. Unless proved otherwise, any lack of conformity which becomes apparent within six months of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this

5. Unless the trader provides evidence of the contrary, any lack of conformity which becomes apparent within two years of the time when the risk passed to the consumer, shall be presumed to have existed at that

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presumption is incompatible with the nature of the goods and the nature of the lack of conformity.

time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.

Or.en





5. Unless proved otherwise, any lack of conformity which becomes apparent within the period referred to in point 1 shall be presumed to have existed when the goods were made available unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.

Or.pl

Justification

The above period should be extended so as to obviate the use of unfair practices in which the consumer is obliged to prove that a given defect existed once the six-month period is over. This often exposes consumers to the additional cost of calling in an expert.




5 a. Member States shall have the right to maintain or adopt different national provisions concerning the legal guarantee of conformity, particularly by providing for or maintaining longer periods of guarantee or reversal of the burden of

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proof, or providing for or maintaining particular rules for certain types of lack of conformity which become apparent after the expiry of the guarantee, so as to guarantee consumers a higher level of protection.

Or.fr

Justification

This amendment is needed in order to preserve certain existing guarantees in the MemberStates to which consumers are strongly attached, e.g. legal warranty in respect of latentdefects.




5 b. Member States shall have the right to maintain or adopt different national provisions concerning the legal guarantee of conformity, particularly by providing for or maintaining longer periods of guarantee or reversal of the burden of proof, or providing for or maintaining particular rules for serious lack of conformity which becomes apparent after the expiry of the guarantee, so as to guarantee consumers a higher level of protection.

Or.fr

Justification

This amendment is needed in order to preserve certain existing guarantees in the Member States to which consumers are strongly attached, e.g. legal warranty in respect of latentdefects or ‘droit au rejet’.

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5c. Member States may adopt or maintain provisions of national law providing for a longer liability period, a longer period for reversal of the burden of proof in the consumer's favour or specific rules on significant lack of conformity which becomes apparent after the liability period has expired, in order to ensure a higher level of protection for the consumer. However, the relevant provisions of national law must be consistent with the Treaty on the Functioning of the European Union and, in particular, must not run counter to the aim of the Directive, namely that of guaranteeing the smooth functioning of the internal market and preventing distortions of competition in the Union. With that aim in view, the provisions of national law must be fit for purpose and proportionate.

Or.de

Justification





5d. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law,

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provisions diverging from those laid down in this Article.

Or.el




5e. Member States may adopt or maintain provisions of national law providing for a longer liability period, in order to ensure a higher level of protection for the consumer.

Or.en




Communication and contactabilityThe trader shall ensure that throughout the duration of a service contract, or, following the conclusion of a contract of sale, until the time limit referred to in Article 28(1) for formal offers, notifications and questions by the consumer relating to rights and obligations under the service contract or contract of sale has expired, he can be contacted under reasonable conditions. In particular, he shall ensure that formal offers by the consumer in respect of the contract reach him without delay and that the consumer is notified of their receipt immediately. The cost of receiving and dealing with formal offers, notifications

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and questions concerning the service contract or the contract of sale by telephone may not be charged to the consumer; the right of the telecommunications service provider to charge for such calls shall not be affected.

Or.de

Justification

Unternehmen verlagern ihre Kunden- und Beschwerdedienste zunehmend auf Call-Center. Verbraucher werden dabei mit teils nicht unerheblichen Kosten belastet, wenn sie auf kostenpflichtige Service-Nummern verwiesen werden und die telefonische Verbindung bis zum Erreichen eines kompetenten Ansprechpartners mehrere Minuten gehalten werden muss ("Warteschleifen"). Daher sollten Kommunikation und Erreichbarkeit als vertragliche Nebenpflichten gesetzlich verankert werden, für die während einer bestehenden Vertragsbeziehung bzw. während der Dauer der Gewährleistung keine zusätzlichen Entgelte verlangt werden.




Commercial guarantees deleted1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.2. The guarantee statement shall be drafted in plain intelligible language and be legible. It shall include the following:a) legal rights of the consumer, as provided for in Article 26 and a clear statement that those rights are not affected by the commercial guarantee,

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b) set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope and name and address of the guarantor,(c) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable, that the commercial guarantee cannot be transferred to a subsequent buyer.3. If the consumer so requests, the trader shall make the guarantee statement available in a durable medium.4. Non compliance with paragraph 2 or 3 shall not affect the validity of the guarantee.

Or.de




1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.

1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement, or ifthe guarantee statement is of disadvantage compared to the advertising on thecommercial guarantee, commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.

Or.en

Justification

Consumers should not be misled by advertisements that later turn out to be false compared to the actual content of the commercial guarantee.

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1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement or in case this statement puts the consumer in a disadvantageous position in comparison to the advertising of the commercial guarantee, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.

Or.en





1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement or if the guarantee statement is of disadvantage compared to the advertising on the commercial guarantee, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.

Or.en

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1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. The trader shall provide the consumer with a guarantee statement in writing or by any other technical means of reproduction which may be available and accessible to the consumer. In the absence of the guarantee statement, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.

Or.el


Proposal for a directiveArticle 29 – paragraph 1 – subparagraph 1 (new)


The guarantee shall be in accordance with the rules of good faith and shall not be subject to unreasonable exemption clauses.

Or.el



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The duration of the guarantee shall be reasonable in relation to the probable life of the product. With particular regard to hi-tech products, the duration of the guarantee shall be reasonable in relation to the time it is expected that they will remain up-to-date from a technological point of view, if that period of time is shorter than their probable life.

Or.el




Where new, long-life products (consumer durables) are supplied, the provision of a written guarantee shall be mandatory.

Or.el




2. The guarantee statement shall be drafted in plain intelligible language and be legible. It shall include the following:

2. The guarantee statement shall be drafted in plain intelligible language and be legible. The guarantee shall be drafted in the language of the contract.It shall include the following:

Or.en

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Justification

It is important that the guarantee statement is written in the language in which the contract was concluded which is the language the consumer is bound to be familiar with or understands.





2. The guarantee statement shall be drafted in plain intelligible language and be legible. It shall be written in the same language of the contract. The guarantee statement shall include the following:

Or.en






a) legal rights of the consumer under the applicable provisions of national law, as provided for in Article 26, and a clear statement that those rights are not affected by the commercial guarantee,(b) set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope and name and address of the guarantor,(c) without prejudice to Articles 32 and 35

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and Annex III(1)(j), set out, where applicable, that the commercial guarantee cannot be transferred to a subsequent buyer.

Or.de

Justification





2. The guarantee statement shall be drafted in plain intelligible language and belegible. It shall include the following:

2. The guarantee statement shall be drafted in plain intelligible language, be legibleand in the same font size. The guarantee shall be drafted in the language of the contract. It shall include the following:

Or.en





2. The guarantee statement shall be drafted in plain intelligible language and in any case at least in the official languages of the EU and be legible. It shall include the following:

Or.el

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Amendment 1392Catherine Soullie, Amalia Sartori




2. The guarantee statement shall be drafted in plain intelligible language and be legible. The guarantee shall be drafted in the language of the contract. It shall include the following:

Or.en




a) legal rights of the consumer, as provided for in Article 26 and a clear statement that those rights are not affected by the commercial guarantee,

a) legal rights of the consumer both under the national legislation in force and as provided for in Article 26, and a clear statement that those rights are not affected by the commercial guarantee,

Or.fr

Justification

The legal rights of consumers stem just as much from national legislation as from the provisions of this Directive's Article 26.




a) legal rights of the consumer, as (a) a clear statement that the consumer has

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provided for in Article 26 and a clear statement that those rights are not affected by the commercial guarantee,

legal rights under national law and thatthose rights are not affected by the commercial guarantee,

Member States may not maintain or adopt provisions of national law which depart from the provisions of this Article in order to guarantee a different level of consumer protection.

Or.de

Justification

The provision stipulating that the commercial guarantee should 'encompass' the consumer's legal rights goes too far. The same is true of the requirement to provide information about all the consumer's legal rights. It is not the trader's responsibility to provide legal information. That is a matter for consumer education.




a) legal rights of the consumer, as provided for in Article 26 and a clear statement that those rights are not affected by the commercial guarantee,

a) legal rights of the consumer, as provided for in Articles 26 and 28, and by any additional provisions of current national legislation, and a clear statement that those rights are not affected by the commercial guarantee,

Or.el




(c) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where

deleted

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applicable, that the commercial guarantee cannot be transferred to a subsequent buyer.

Or.pl

Justification

The warranty attaches inextricably to the product, not the purchaser, so it should be possible to sell the product with the warranty still attached.




γ) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable, that the commercial guarantee cannot be transferred to a subsequent buyer.

deleted

Or.el




γ) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable, that the commercial guarantee cannot be transferred to a subsequent buyer.

deleted

Or.el

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(c) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable, that the commercial guarantee cannot be transferred to a subsequent buyer.

(c) include the information that the commercial guarantee can be transferred to a subsequent buyer.

Or.en

Justification

The Commission’s proposal seems to oblige Member States to impose the non-transferability of commercial guarantees to sub-sequent buyers as the default rule. The introduction of the principle that commercial guarantees should be transferable, which is very important given increased use of on-line services for selling second-hand goods between consumers. According to Annex III 1 (j), it is presumed to be unfair a term which restricts the consumer’s right to re-sell the goods by limiting the transferability of any commercial guarantee provided by the trader.





(c) includes the statement, that the commercial guarantee can be transferred to a subsequent buyer.

Or.en

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(c) include the information that the commercial guarantee can be transferred to a subsequent buyer.

Or.en


Proposal for a directiveArticle 29 – paragraph 2 – point c a (new)


(ca) include the information that maintenance services and spare parts will be available up 5 years as from the time of the conclusion of the contract.

Or.en

Amendment 1403Sylvana Rapti, Konstantinos Poupakis



2α. The guarantee shall also cover the goods with which the lack of conformity was remedied.

Or.el

(paragraph 2 (new))

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3. If the consumer so requests, the trader shall make the guarantee statement available in a durable medium.

3. At the request of the consumer so requests, the trader shall make the guarantee statement available in a durable medium of his choice.

Or.fr




3. If the consumer so requests, the trader shall make the guarantee statement available in a durable medium.

3. If the consumer so requests, the trader shall make the guarantee statement available in a durable medium, chosen by the consumer.

Or.en




4a. Direct producer's liability1. The producer is liable towards the consumer to repair or replace goods for any lack of conformity that existed at the date of purchase

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2. The producer shall repair or replace the goods, at his choice, at the latest 30 days after having been notified of the lack of conformity, without prejudice to article 28.13. This article is without prejudice to the provisions of national law concerning the right of contribution or recourse

Or.en

Justification

The introduction of the joint liability between the producer and the seller has been discussed since decades. The achievement of the objective of this directive to promote consumer confidence to shop cross-border would be greatly helped by the introduction of this kind of modern consumer legislation, rather than by sticking to the old limitations. The direct liability of producers could boost consumer confidence: a consumer could eventually turn directly to a producer established in his/her country, instead of sending a defective good backwards and forwards throughout the EU. In a real Internal Market consumers should be able to choose whom to revert to in case of problems.




4b. Member States may not maintain or adopt provisions of national law which depart from the provisions of this Article.

Or.de




4c. When the guarantee statement relates

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to a lack of conformity and the lack of conformity becomes apparent before the expiration of the duration period of the guarantee, the lack of conformity shall be presumed to have existed at the time when the risk passed to the consumer, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

Or.en




4d. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in Article 29.

Or.en




4e. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.

Or.el

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EN




1. The producer is liable for any reparation or delivery of replacement of goods in cases of non-conformity occurred on the date of the purchase.2. Without prejudice to Article 28 (1), the good has to be repaired or substituted by the producer within 30 days after he/she has been notified by the lack of conformity.

Or.en




Direct producer's liability1. The producer is liable towards the consumer to repair or replace the goods for any lack of conformity that existed at the date of the purchase.2. The producer shall repair or replace the goods, at his choice, at the latest 30 days after having been notified of the lack of conformity without prejudice to article 28 paragraph 1.

Or.en

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Proposal for a directiveArticle 29 c (new)


With regard to articles 30-39, Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of consumer protection.

Or.en

Justification

The provisions on unfair contract terms are subject to minimum harmonisation. Chapter V sets out principles to identify when a contract may be unfair. These principles are to be interpreted by the national courts meaning there will be a divergence in case law between the Member States. As a result maximum harmonisation will not achieve the Commission’s aim to have a single set of rules across the EU but, importantly, it will have a negative effect on consumers. Not only will it hinder Member States from developing the rules on unfair terms to address new issues as they arise but, in the UK, it may also have a detrimental effect on the current operation of the Financial Ombudsman Scheme and the application of the Unfair Relationship test under the Consumer Credit Act.


Proposal for a directiveChapter 5 – title


Consumer rights concerning contract terms

deleted

Or.de

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Scope deleted1. 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.2. The fact that the consumer had the possibility of influencing the content ofcertain aspects of a contract term or one specific term, shall not exclude the application of this Chapter to other contract terms which form part of the contract.3. This Chapter shall not apply to contract terms reflecting mandatory statutory or regulatory provisions, which comply with Community law and the provisions or principles of international conventions to which the Community or the Member States are party.

Or.de




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

1. This Chapter shall apply to all written and oral contracts concluded between atrader or a third party and a consumer, irrespective of whether they have been

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where such contract terms are part of a pre-formulated standard contract.

individually or collectively negotiated.

Or.en

Justification

It is important to clarify in the proposal that the protection against unfair terms applies to oral terms as well as written terms. According to the existing directive on unfair contract terms “the consumer must receive equal protection under contracts concluded by word of mouth and written contracts”. Secondly, the consumer protection offered by chapter V should be extended to individually negotiated terms (such terms are excluded from the proposal). In practice, the consumer will often lack the bargaining power and the knowledge required to be in a position to influence the content of contract terms during an individual negotiation process.




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.

1. This chapter shall apply, in contracts between traders and consumers, to contract terms which have not been the subject of individual negotiation. A contract term is deemed not to have been the subject of individual negotiation when it has been drafted in advance and the consumer has not been able to influence its content, specifically within the framework of pre-formulated standard contract.

Contract terms which have been the subject of individual negotiation do not fall within the scope of this Chapter. The Member States may therefore maintain or introduce national rules concerning such contract terms and decide that this Chapter also applies to them.

Or.fr

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Justification

The point of this amendment is to stipulate that individually negotiated contract terms do not form part of the scope of this Chapter, and to ensure that those Member States which have extended their provisions protecting consumers from abusive contract terms to cover individually negotiated contract terms may continue to do so.




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 apre-formulated standard contract.

1. This Chapter shall apply to all written and verbal contracts concluded by the trader or a third party with a consumer, regardless whether they have pre-formulated the standard contractindividually or together.

Or.en




1. This Chapter shall apply to contract terms drafted in advance by the trader or a third party, which the consumer agreed towithout having the possibility of influencing their content, in particular where such contract terms are part of a pre-formulated standard contract.

1. This Chapter shall apply to contract terms in contracts between traders and consumers which have not been individually negotiated. A term shall always be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term, in particular in the context of a pre-formulated standard contract.

Or.de

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Justification






1. This Chapter shall apply to all written and oral contracts concluded between atrader or a third party and a consumer, irrespective of whether they have been individually or collectively negotiated.

Or.en





1. This Chapter shall apply to contract terms in contracts between traders and consumers which have not been individually negotiated. A contract term shall be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence its content, particularly where it has been presented to the consumer in the form of a pre-formulated standard contract.

Or.pl

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Justification

There may have been a mistake in the Polish version. Consumers must have a real influence on the content of contract terms.




1 a. Saving contrary provisions established in this Chapter, the Member States may maintain or introduce, in their national legislation, provisions stricter than those laid down in this Chapter of the Directive so as to ensure higher levels of consumer protection.

Or.fr

Justification

This amendment specifies that for Chapter V of this Directive, saving any provisions to the contrary, minimal harmonisation applies.




1b. Member States may maintain or introduce, in their national legislation, provisions different from those laid down in this Chapter, when this is necessary in order to ensure a higher level of consumer protection.

Or.fr

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Justification

Chapter V needs to be subject to minimum harmonisation with a view to raising the minimum level of protection within the EU, while allowing those Member States which have a higher level of protection to maintain that level.

Amendment 1424Damien Abad, Philippe Juvin, Constance Le Grip



1c. This Chapter shall apply, in contracts between traders and consumers, to contract terms which have not been individually negotiated. A term shall be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term, particularly in the context of a pre-formulated standard contract.Terms negotiated individually do not fall within the scope of this chapter. Member States may therefore maintain or introduce national rules that reflect these terms and extend the benefit of this chapter to them.

Or.fr

Justification

It must be clarified that terms negotiated individually are not included in the scope of this chapter and that Member States which have extended the system of protection against unfair terms to individually negotiated contracts can continue to apply those rules.

Amendment 1425Philippe Juvin


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1d. Member States may maintain or introduce into their national law provisions that diverge from those laid down in this chapter, with the exception of the provision of Article 34.

Or.fr

Justification

Chapter V must provide for minimum harmonisation in order to achieve a minimum level of protection for consumers in the EU whilst protecting any provisions of the Member States which provide a high level of protection, with the exception of Article 34 concerning terms that are considered unfair in all circumstances, the list of which must be subject to maximum harmonisation in order to ensure legal certainty within the EU.




2. The fact that the consumer had the possibility of influencing the content of certain aspects of a contract term or one specific term, shall not exclude the application of this Chapter to other contract terms which form part of the contract.

deleted

Or.en



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deleted

Or.en





deleted

Or.en





2. The fact that the consumer had the possibility of influencing the content of certain aspects of a contract term or one specific term, shall neither exclude nor necessitate the application of this Chapter to other contract terms which form part of the contract.

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Or.de

Justification

This provision should also cover cases in which the consumer had the option of negotiating certain terms of the contract, but deliberately chose not to do so, in order to secure another, more important modification.




3. This Chapter shall not apply to contract terms reflecting mandatory statutory or regulatory provisions, which comply with Community law and the provisions or principles of international conventions to which the Community or the Member States are party.

deleted

Or.en

Justification

Consumer rights should be equal to other provisions enshrined in the Treaties - a consumer provision cannot be overridden by another treaty provision




3. This Chapter shall not apply to contract terms reflecting mandatory statutory or regulatory provisions, which comply with Community law and the provisions or principles of international conventions to which the Community or the Member

deleted

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States are party.

Or.en




3. This Chapter shall not apply to contract terms reflecting mandatory statutory or regulatory provisions, which comply with Community law and the provisions or principles of international conventions to which the Community or the Member States are party.

deleted

Or.en

Amendment 1433Damien Abad, Philippe Juvin, Constance Le Grip



3a. This Chapter shall apply without prejudice to any national provisions declaring terms, included in certain sales or service contracts, that conflict with legal provisions – sometimes relating to public policy – to be unlawful.

Or.fr

Justification

Unlawful terms are not necessarily unfair ones and are part of a different system of protection. It is important to clarify the scope of this chapter accordingly.

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EN




In relation to Articles 30-39, except where otherwise provided in this directive, Member States may adopt or retain in force more stringent provisions, which are consistent with the Treaty in the area governed by this directive, in order to ensure a higher level of consumer protection.

Or.el




Transparency requirements of contract terms

deleted

1. Contract terms shall be expressed in plain, intelligible language and be legible.2. Contract terms shall be made available to the consumer in a manner which gives him a real opportunity of becoming acquainted with them before the conclusion of the contract, with due regard to the means of communication used.3. The trader shall seek the express consent of the consumer to any payment in addition to the remuneration foreseen for the trader's main contractual obligation. If the trader has not obtained the consumer's express consent but has inferred it by using default options which the consumer is required to reject in order

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to avoid the additional payment, the consumer shall be entitled to reimbursement of this payment.4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer.

Or.de




1. Contract terms shall be expressed in plain, intelligible language and be legible.

1. Contract terms shall be expressed in plain, intelligible language and be legible, easily and permanently accessible; they should be provided in the language in which the contract is concluded.

Or.en

Justification

The transparency requirements of article 31 improve the existing directive. However, it should be made clearer in the proposal that a breach of these transparency requirements would lead to the unfairness of the terms (new 1.a). This is also a recommendation of the Common Frame of Reference.





1. Contract terms shall be expressed in plain, intelligible language, be legible, in the same font size, easily and permanently

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accessible; they should be provided in the language in which the contract is concluded.

Or.en





1. Contract terms shall be expressed in plain, intelligible language and be legiblewhere the contract is drawn up in writing.

Or.de

Justification

The directive should take account of the fact that contracts can still be concluded orally.




1a. A contract term which has been supplied by the trader in breach of the duty of transparency according this article shall on that ground alone be considered unfair

Or.en

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1b. Member States may not maintain or introduce in their national law provisions diverging from those laid down in paragraphs 1, 2 and 3, including more or less stringent provisions in order to ensure a different level of consumer protection.(This article should be placed between the title of Article 31 and paragraph 21 of Article 1, in order to refer to the first three paragraphs of Article 31.)

Or.fr

Justification

Maximum harmonisation proposal for Article 31(1), (2) and (3).




1c. A contract term which has been supplied by the trader in breach of the duty of transparency according to this article shall on that ground alone be considered unfair.

Or.en

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2. Contract terms shall be made available to the consumer in a manner which gives him a real opportunity of becoming acquainted with them before the conclusion of the contract, with due regard to the means of communication used.

2. Contract terms shall be made available to the consumer in a clear and intelligiblemanner. Furthermore they shall be simple and accessible and provided in the language in which the contract is concluded.

Or.en





2. Contract terms shall be made available to the consumer in a manner which gives him a real opportunity of becoming acquainted with them before the conclusion of the contract and getting re-acquainted with them after the conclusion of the contract, with due regard to the means of communication used. Contract terms made available by electronic means shall constitute such a real opportunity if the contract is concluded by electronic means. In case of contracts concluded through other means of communication, contract terms may only be made available by electronic means if this modality is expressly agreed to by the consumer.Member States may not maintain or introduced, in their national law, provisions diverging from those laid down in Article 31, including more or less stringent provisions intended to ensure a

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different level of consumer protection.

Or.en

Amendment 1444Tiziano Motti

Proposition de directiveArticle 31 – paragraph 2



2. Contract terms that are irrevocably binding shall be made available to the consumer in due time before the conclusion of the contract, with due regard to the means of communication used and the method of sale.

Or.it

Justification

This new approach is impractical and disproportionate in the context of retail services. This requirement is inconsistent with other legislation including the Consumer Credit and Distance Marketing Directives, where there is a requirement to provide information "in good time." Additionally, the provision of contract terms shall be adapted to the method of sale.





2. Contract terms shall be made available to the consumer at a time and in a manner which gives him a real opportunity of becoming acquainted with them before the conclusion of the contract, with due regard to the circumstances and the means of communication used.

Or.el

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2. Contract terms shall be made available to the consumer in a manner which gives him a real and indisputable opportunity of becoming acquainted with them before the conclusion of the contract, with due regard to the means of communication used.Contract terms made available by electronic means shall constitute such a real and indisputable opportunity if the contract is concluded by electronic means. In case contracts are concluded through other means of communication, contract terms may only be made available by electronic means if this manner is expressly and actively agreed to by the consumer.

Or.en




2a. The contract terms shall be presented at a place where the consumer reasonably expects to find them

Or.en

Justification

Furthermore, the issue of “surprising” terms shall be tackled. Consumers shall not be bound by terms which are placed at inappropriate locations in the contract or to which reference is

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made but that are not available in the contract or on the webpage.




2b. A contract term added by the trader, which does not comply with the requirements of transparency provided for in this Article, shall on that ground alone be considered unfair.

Or.en




2c. The contract terms shall be presented at a place where a consumer reasonably expects to find them.

Or.en




2d. After the conclusion of the contract, the consumer should have the real and indisputable possibility to consult the contract terms either in paper or by

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electronic means.

Or.en

Amendment 1451Tiziano Motti

Proposition de directiveArticle 31 – paragraph 3


3. The trader shall seek the express consent of the consumer to any payment in addition to the remuneration foreseen for the trader's main contractual obligation. If the trader has not obtained the consumer's express consent but has inferred it by using default options which the consumer is required to reject in order to avoid the additional payment, theconsumer shall be entitled to reimbursement of this payment.

3. The trader shall seek the express consent of the consumer to any payment not relating to the provision of goods or services for which the contract has been concluded. The procedure for the granting of consent shall be established between the consumer and the trader.

Or.it

Justification

The concept of “main obligation” is vague and could lead to disputes and different interpretations by local jurisdictions across Europe. This would be contradictory with the harmonisation objective of the directive. Additionally, congruence should be ensured with other relevant EU legislation. We strongly recommend the adoption in this article of the Payment Services Directive’s wording related to consumers consent procedure. In the field of retail financial services, we strongly warn against potential unintended consequences of the current wording of this article on lenders’ ability to offer variable rates products




4. Member States shall refrain from deleted

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imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer.

Or.en

Justification

Many consumer complaints relate to the legibility of contract terms: contract terms are provided in much too “small print” or placed in inappropriate places of the contract. Article 31.4 prohibits Member States from providing additional requirements to the presentation of the terms (such as a certain font size for the print or a certain place where to put and how to present certain information); we believe that this prohibition should be deleted in order to enable Member States to provide for stricter rules regarding presentation of terms.




4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer.

deleted

Or.fr





deleted

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Or.en





deleted

Or.en

Amendment 1456Cristian Silviu Buşoi, Edvard Kožušník




4. Member States shall refrain from imposing any requirements on the presentation of contract terms, except forpresentational requirements in relation to persons with disabilities.This Article does not affect the freedom ofthe Member States to impose additional requirements for the validity or effects of the contract such as the authentication of the contract or the certification of the signature.

Or.en

Justification

Provided that the contract terms meet the requirement of legibility, traders should be free to choose the way in which contract terms are presented, for example the font type or size in which the contract terms are printed. Member States should refrain from imposing any presentational requirements of this kind, except for those related to persons with disabilities.

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However, Member States should remain free to maintain or impose formal requirements of general contract law that do not fall under the category of presentational requirements, for instance concerning the conclusion of the contract. Presentational requirements for contract terms contained in other EU legislation should not be affected by this Directive.





4. Member States shall refrain from imposing any requirements as to the way the contract terms are expressed.

This article shall not affect the discretion of the Member States to adopt further formal requirements with regard to the validity or effect on third parties of contracts, for example their registration or authentication.

Or.de

Justification

This amendment serves the purpose of clarification. Member States should remain free to maintain or adopt formal requirements under general contract law which are not regarded as presentational, for example regarding the conclusion of the contract.

Amendment 1458Hans-Peter Mayer



4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms are

4. Member States shall refrain from imposing any requirements as to the way the contract terms are expressed or made

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expressed or made available to the consumer.

available to the consumer.

Or.de

Justification

Clarification in the German version that the clause refers only to the external presentation (correctly rendered in English as ‘presentational requirements’ and in French as ‘exigences formelles concernant le libellé des clauses contractuelles’) of contract terms, but not to formal requirements imposed by Member States which apply irrespective of whether the terms have been formulated in advance by the trader or by a third party (translator’s note: the amendment does nonetheless delete the German word element corresponding to ‘presentational’, which could alternatively be rendered as ‘formal’).





4. Member States shall refrain from imposing any requirements as to the way the contract terms are expressed or made available to the consumer.

Or.de





4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer, except for presentational requirements in relation to persons with

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disabilities.

This Article does not affect the freedom of the Member States to impose additional requirements for the validity or effects of the contract such as the authentication of the contract or the certification of the signature.

Or.en




4a. The contract terms shall be pointed out in a passage, where they are most likely to be expected by the consumer.

Or.en




4b. Member States may, in order to provide for a higher level of consumer protection, maintain or introduce additional formal and presentational requirements as to the way the contract terms are expressed or made available to the consumer.

Or.fr

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4c. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.

Or.de




General principles deleted1. Where a contract term is not included in Annex II or III, Member States shall ensure that it 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.2. Without prejudice to Articles 34 and 38, the 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

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with Article 31.3. Paragraphs 1 and 2 shall not apply to the assessment of the main subject matter of the contract or to the adequacy of the remuneration foreseen for the trader's main contractual obligation, provided that the trader fully complies with Article 31.

Or.de




1. Where a contract term is not included in Annex II or III, Member States shall ensure that it 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.

1. Where a contract term is not included in Annex II or III, Member States shall ensure that it is regarded as unfair if it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

Or.fr

Justification

Reference to Annexes II and III needs to be retained in order to set out the stages in the implementation of the fairness test (firstly, consideration of the lists and then, where necessary, an assessment of the nature of the term, taking into account, in particular, the imbalance created to the detriment of the consumer). In addition, the unfairness of a term must be judged by ascertaining whether there is a significant imbalance between the parties' rights and obligations, regardless of any assessments of good faith.



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1. Where a contract term is not included in Annex II or III, Member States shall ensure that it is regarded as unfair if, contrary to the requirement of good faith, it causes a significant and unjustified imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

Or.en




1. Where a contract term is not included in Annex II or III, Member States shall ensure that it 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.

1. Where a term is not included in Annex II or III, it may nevertheless be considered unfair if it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

Or.fr

Justification

It is important to include the reference to Annexes II and III, so that the stages in the implementation of the fairness test can be specified. The unfairness of a term included in a contract drawn up between a trader and a consumer must be judged by the objective observation of a significant imbalance between the parties' rights and obligations, regardless of any assessments of good faith.

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1. A contract term shall be regarded as unfair if, contrary to the requirement of good faith, it substantially disadvantages the consumer, particularly if it is incompatible with fundamental principles of the legislation from which it deviates or if it so restricts essential rights and obligations arising from the nature of the contract as to jeopardise the attainment ofthe purpose of the contract.

Or.de

Amendment 1469Morten Løkkegaard




1. Where a contract term is not included in Annex II or III, Member States shall ensure that it is regarded as unfair if, contrary to the requirement of good faith, it causes an unreasonable imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

Or.en



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1a. When assessing the fairness of a contract term, the competent court or national authority shall take into account the manner in which the contract term has been communicated to a consumer by the trader and, where applicable, the manner in which it was drafted, in accordance with Article 31(1) and (2).

Or.en




2. Without prejudice to Articles 34 and 38, the 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.

2. Without prejudice to Articles 34 and 38, the 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, to all the circumstances occurring before, during and after 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.

Or.en



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2. Without prejudice to Articles 34 and 38, the 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, to all the circumstances occurring before, during and after 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.

Or.en





2. Without prejudice to Articles 34 and 38, the 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, before, at the time of and after 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.

Or.el

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2a. When evaluating the fairness of a contract term, the competent court or national authority shall consider how the trader has disclosed the contract terms to the consumer as well as the manner with which he has drafted them in accordance with Article 31 (1) and (2).

Or.en

Amendment 1475Morten Løkkegaard



2b. When assessing whether a contract term is unfair for the consumer, circumstances occurring after the conclusion of the contract can also be taken into account.

Or.en




3. Paragraphs 1 and 2 shall not apply tothe assessment of the main subject matter of the contract or to the adequacy of the

3. Provided that the trader fully complies with Article 31(1), (2) and (3), the assessment of the unfairness of contract

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remuneration foreseen for the trader's main contractual obligation, provided that the trader fully complies with Article 31.

terms shall not concern either the main subject matter of the contract or the adequacy of the price or remuneration in relation to the goods or services, as long as these terms are drafted in a clear and intelligible manner.

Or.fr

Justification

The wording of Directive 93/13/EC is clearer and provides more legal certainty.




3a. Where the contract is concluded for the acquisition of digital goods, the terms of use are not considered as the subject matter of the contract

Or.en

Justification

Paragraph 4: contracts for the sale of digital products often contain clauses that impose restrictions on the use of the purchased content that may result in a significant imbalance in the rights and obligations of the contractual parties to the detriment of the consumer. It should then be made explicit in the proposal that such contracts are not covered by the exception relating to the main subject matter of the contract, but that contract clauses related to the use of digital content fall under the unfairness test.



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3b. Where the contract is concluded for the acquisition of digital products, the terms of use shall not be regarded as being part of the contract.

Or.en




3c. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.

Or.de




3d. Where the contract is concluded for the acquisition of digital goods, the terms of use are not considered as the subject matter of the contract.

Or.en



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Burden of proof deletedWhere the trader claims that a contract term has been individually negotiated, the burden of proof shall be incumbent on him.

Or.de




Where the trader claims that a contract term has been individually negotiated, the burden of proof shall be incumbent on him.

Where the trader claims that a contract term is compliant with the transparency requirements of article 31, the burden of proof shall be incumbent on him.

Or.en

Justification

It should be up to the trader to prove that the terms raised as not transparent by the consumer are compliant with the transparency requirements of article 31.





Where the trader claims that a contract term complies with the transparency requirements provided for in Article 31, the burden of proof shall be incumbent on him.

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Or.en





Where the trader claims that a contract term compliant with the transparency requirements of article 31, the burden of proof shall be incumbent on him.

Or.en




Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.

Or.de




Terms considered unfair in all circumstances

deleted

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

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shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40.

Or.de




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.

Member States shall ensure that contract terms, as set out in the non-exhaustive listin Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States.

r.fr




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 amendedin accordance with Articles 39(2) and 40.

Member States shall ensure that contract terms, as set out in the non-exhaustive list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States. Member States may adopt, or maintain in force, contract terms in addition to that list.

Or.en

Justification

A closed list of unfair contract term would reduce the level of consumer protection in some Member States and would prevent further developments and the necessary flexibility in the field of consumer protection.

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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.

Member States shall ensure that contract terms, as set out in the list in Annex II, are considered unfair in all circumstances.

Or.fr




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.

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 In order to ensure a higher level of consumer protection, Member States may maintain, or introduce in their national law provisions that any additional terms are considered unfair in all circumstances.

Or.el



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1a. Member States may maintain or adopt provisions that are more protective of consumer interests and may supplement the list of terms included in Annex II to this directive with other contract terms considered to be unfair in all circumstances.

Or.fr

Justification

Practices relating to contract terms are rapidly evolving on the market. An open blacklist should be maintained in order to provide the necessary flexibility and reactivity with a view to better protecting consumers.




Member States may adopt or maintain national legal provisions designating additional terms as unfair in all circumstances. The national provisions must, however, be compatible with the Treaty on the Functioning of the European Union and must in particular not be contrary to the attainment of the objective of the directive, namely to ensure the smooth functioning of the internal market and prevent distortions of competition in the Union. With these requirements in mind, the national provisions must be appropriate and proportionate with a view to the attainment of the purposes of the directive.

Or.de

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Justification





Article 34 aAs the list of terms in Annex II to this directive is not exhaustive, it may be supplemented by the Member States, which may maintain or adopt provisions that are more protective of consumer interests, in order to give a greater number of contract terms the status of terms that are unfair in all circumstances.

Or.fr




Terms presumed to be unfair deletedMember 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.

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Or.de




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.

Member States shall ensure the contract terms set out in the non-exhaustive 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.

Or.fr




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 allMember States and may only be amendedin accordance with Articles 39(2) and 40.

Member States shall ensure that contract terms, as set out in the non-exhaustive 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. Member States may adopt, or maintain in force, contracts terms in addition to that list.

Or.en

Justification

A closed list of unfair contract term would reduce the level of consumer protection in some Member States and would prevent further developments and the necessary flexibility in the field of consumer protection.

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Member States shall ensure that contract terms, as set out in the list in point 1 of Annex III, are considered unfair, unless thetrader 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.

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.

Or.fr

Justification

Reincorporation of the rapporteur's Article 35(1).




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.

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. In order to ensure a higher level of consumer protection, Member States may maintain, or introduce in their national law, provisions that any additional terms are considered unfair in all circumstances.

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Or.el




As the list of terms in Annex II to this directive is not exhaustive, it may be supplemented by the Member States, which may maintain or adopt provisions that are more protective of consumer interests, in order to give a greater number of contract terms the status of terms that are presumed to be unfair.

Or.fr




Members States may maintain or adopt provisions that are more protective of consumer interests and may supplement the list of terms included in Annex III to this directive with other contract terms presumed to be unfair.

Or.fr

Justification

Practices relating to contract terms are rapidly evolving on the market. An open grey list should be maintained in order to provide the necessary flexibility and reactivity with a view to better protecting consumers.

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Member States may adopt or maintain national legal provisions designating additional terms as unfair in all circumstances. The national provisions must, however, be compatible with the Treaty on the Functioning of the European Union and must not be contrary to the attainment of the objective of the directive, namely to ensure the smooth functioning of the internal market and prevent distortions of competition in the Union. With these requirements in mind, the national provisions must be appropriate and proportionate with a view to the attainment of the purposes of the directive.

Or.de

Justification





Interpretation of terms deleted1. Where there is doubt about the meaning of a term, the interpretation most favourable to the consumer shall prevail.2. This Article shall not apply in the context of the procedures laid down in

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Article 38(2).

Or.de




2. This Article shall not apply in the context of the procedures laid down in Article 38(2).

deleted

Or.en




2a. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.

Or.de




Effects of unfair contract terms deletedContract terms which are unfair shall not be binding on the consumer. The contract shall continue to bind the parties if it can

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remain in force without the unfair terms.

Or.de




Contract terms which are unfair shall not be binding on the consumer. The contract shall continue to bind the parties if it can remain in force without the unfair terms.

Contract terms, which are unfair and are not compatible with the transparency requirements laid down in Article 31, paragraphs 1 and 2, of the present directive, shall not be binding on the consumer. The contract shall continue to bind the parties if it can remain in force without the unfair and non-transparent terms.

Or.el




Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.

Or.de



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Enforcement in relation to unfair contract terms

deleted

1. Member States shall ensure that, in the interests of consumers and competitors, adequate and effective means exist to prevent the continued use of unfair terms in contracts concluded with consumers by traders.2. In particular, persons or organisations, having a legitimate interest under national law in protecting consumers, may take action before the courts or administrative authorities for a decision as to whether contract terms drawn up for general use are unfair.3. Member States shall enable the courts or administrative authorities to apply appropriate and effective means to prevent traders from continuing to use terms which have been found unfair.4. Member States shall ensure that the legal actions referred to in paragraph 2 and 3 may be directed either separately or jointly depending on national procedural laws against a number of traders from the same economic sector or their associations which use or recommend the use of the same general contract terms or similar terms.

Or.de




2a. Member States shall ensure that traders are required to make the contract

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terms as referred to in Chapter V which are used in legal transactions available to bodies as referred to in Article 41(2) at the latter’s request in an appropriate form and free of charge.

Or.de

Justification

Consumer associations have an important role to play in upholding consumers’ interests, particularly with reference to ineffective general terms and conditions, i.e. contract terms formulated in advance by the trader or a third party which the consumer has consented to without having had the opportunity to influence them. For this purpose the bodies, particularly consumers’ associations, should have a right to obtain copies of the contract terms concerned from the trader.




4. Member States shall ensure that the legal actions referred to in paragraph 2 and 3 may be directed either separately or jointly depending on national procedural laws against a number of traders from the same economic sector or their associations which use or recommend the use of the same general contract terms or similar terms.

4. Member States shall ensure that the legal actions referred to in paragraph 2 and 3 may be directed in accordance withnational procedural laws against a number of traders from the same economic sector or their associations which use or recommend the use of the same general contract terms or similar terms.

Or.de




Review of the terms in Annexes 2 and 3 deleted

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1. Member States shall notify to the Commission the terms which have been found unfair by the competent national authorities and which they deem to be relevant for the purpose of amending this Directive as provided for by paragraph 2.2. In the light of the notifications received under paragraph 1, the Commission shall amend Annex II and III. Those measures designed to amend non essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

Or.en




Review of the terms in Annexes 2 and 3 deleted1. Member States shall notify to the Commission the terms which have been found unfair by the competent national authorities and which they deem to be relevant for the purpose of amending this Directive as provided for by paragraph 2.2. In the light of the notifications received under paragraph 1, the Commission shall amend Annex II and III. Those measures designed to amend non essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

Or.de

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Review of the terms in Annexes 2 and 3 deleted1. Member States shall notify to the Commission the terms which have been found unfair by the competent national authorities and which they deem to be relevant for the purpose of amending this Directive as provided for by paragraph 2.2. In the light of the notifications received under paragraph 1, the Commission shall amend Annex II and III. Those measures designed to amend non essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

Or.el




2. In the light of the notifications received under paragraph 1, the Commission shall amend Annex II and III. Those measures designed to amend non essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

deleted

Or.en

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The Committee deleted1. 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).

Or.en




The Committee deleted1. 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

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200, 22.7.2006, p. 11).

Or.en




The rights resulting from this Directive shall be exercised without prejudice to other rights which the consumer may invoke under the national rules governing contractual or non-contractual liability.

Or.en




1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive.

1. Member States and the Commissionshall ensure that adequate and effective means exist to ensure compliance with consumer rights as ensured in this Directive.

Or.en


Proposal for a directiveArticle 41 – paragraph 1 – point 1 (new)


(1) The means referred to in paragraph 1

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shall include European as well as national provisions concerning appropriate redress mechanisms, including collective redress mechanisms and alternative dispute resolution systems.

Or.en




2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies, as determined by national law, may take action in accordance with national law before the courts or competent administrative bodies to ensure that the national provisions for the implementation of this Directive are applied:

2. Amendments to Directive 98/27/EC

Or.de

Justification

The directive on injunctions for the protection of consumers' interests already provides for a system as created by the Commission proposal. In order to improve the legislation and render it more coherent, it would therefore be preferable to adapt the annex to that directive accordingly rather than creating a separate system in the directive which is the subject of the Commission proposal.



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(a) public bodies or their representatives; (a) The Annex to Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests shall be amended as follows:Paragraph 2 shall read:‘Directive 2011/XX/EC of the European Parliament and of the Council of XX.XX.XXXX on consumer rights, OJ L, XX.XX.XXXX’Paragraphs 7, 9 and 10 shall be deleted.

Or.de

Justification





(b) consumer organisations having a legitimate interest in protecting consumers;

deleted

Or.de

Justification

The directive on injunctions for the protection of consumers' interests already provides for a system as created by the Commission proposal. In order to improve the legislation and render it more coherent, it would therefore be preferable to adapt the annex to that directive accordingly rather than creating a separate system in the directive which is the subject of the

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Commission proposal.




(c) professional organisations having a legitimate interest in acting.

deleted

Or.de

Justification





On the basis of the notifications from Member States and in order to ensure the same high level of consumer protection across the EU, the Commission shall present a proposal on the possibility of introducing a common system of penalties.

Or.en

Justification

Fragmentation among Member States having different penalties for the same infraction contributes to a continued lack of legal certainty throughout the EU and harms both the

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consumers and the businesses. Only the enforcement of the penalty should be left to Member States.




Pursuant to Article 23 of the Rome I Regulation, contracts between consumers and entrepreneurs in the approximated field are already subject to the law chosen by the parties pursuant to Article 3 of the Rome I Regulation. Articles 6 and 11(4) of the Rome I Regulation shall not apply. The consumer protection provisions referred to in Article 6(2) of the Rome I Regulation, from which no deviation is permitted, are listed exhaustively in this Directive.

Or.de

Justification

Vor dem Hintergrund einer möglichst weitgehenden Vollharmonisierung der Verbraucherrechte durch diese Richtlinie nivellieren die Unterschiede in den Verbraucherrechten zwischen den Mitgliedstaaten. In jedem Fall sind Verbraucher auf einem hohen EU-weit garantierten Verbraucherschutzniveau geschützt. Die Einführung einer Scope-clause beseitigt die bestehenden Probleme mit der Rom I-VO und macht so die Vorteile des Binnenmarktes für Verbraucher und Unternehmen erfahrbar. Diese Regel ist auch im Einklang mit anderen bewährten internationalen Vorschriften, wie z.B. dem US-amerikanischen Kollisionsrecht. Dieses gewährt auch bei Verträgen mit Verbrauchern aus einen einem anderen Bundesstaat Rechtswahlfreiheit.

Amendment 1526Iliana Ivanova


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Member States shall take appropriate measures to inform consumers of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes of conduct.

Member States shall take appropriate measures to inform consumers, especially via ICT tools and public media, of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes of conduct.

Or.en




Member States shall take appropriate measures to inform consumers of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes of conduct.

Member States shall take appropriate measures to inform consumers and tradersof the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes of conduct.

Or.en




Member States shall take appropriate measures to inform consumers of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes of

Member States and the Commission shall take appropriate measures to inform consumers of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes

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conduct. of conduct.

Or.el




The consumer shall be exempted from the provision of any consideration in cases of unsolicited supply of a product as prohibited by Article 5(5) and point 29 of Annex I of Directive 2005/29/EC. The absence of a response from the consumer following such an unsolicited supply shall not constitute consent.

The consumer shall be exempted from the provision of any consideration in cases of unsolicited supply of a product as prohibited by Article 5(5) and point 29 of Annex I of Directive 2005/29/EC. The absence of a response from the consumer following such an unsolicited supply shall not constitute consent and the consumer may keep or dispose of any good delivered.

Or.en

Amendment 1530Andreas Schwab, Lara Comi



Article 46aReporting requirement and mutual

evaluation1. By [the end of the transposition period], and every three years thereafter, Member States shall draw up a report containing the following information:(a) the text of any additional information requirements which Member States adopt or maintain pursuant to Article 5(3)(b) and (c);

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(b) the text of any diverging provisions of national law which Member States adopt or maintain pursuant to Article 22(2a);(c) the text of any diverging provisions of national law which Member States adopt or maintain pursuant to Article 26(5b) and Article 28(5a);(d) the text of any additional contract terms designated by Member States, pursuant to Article 34(1a), as unfair in all circumstances;(e) the text of any additional contract terms designated by Member States, pursuant to Article 35(1a), as terms presumed to be unfair;(f) the text of any decisions of fundamental importance – together with the grounds for them – taken by Member States' courts, arbitration bodies or competent administrative authorities in the field covered by this Directive.2. With regard to the information referred to in paragraph 1(a), (b), (c), (d) and (e), Member States shall detail why diverging provisions of national law are appropriate and proportionate with a view to attaining the purposes of the Directive.3. The Commission shall ensure that the details referred to in paragraph 1(d) and (e) are easily accessible to consumers and traders, e.g. on a website.4. The Commission shall forward the reports provided for in paragraph 1 to the other Member States, which shall submit their observations on each of the reports within six months of receipt. Within the same period, the Commission shall consult interested parties on those reports.

Or.de

Justification


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EN




Article 46bCompatibility with the Treaty on the Functioning of the European Union

Where Member States adopt or maintain in force national legal provisions, in order to ensure a higher level of consumer protection, the provisions must however be compatible with the Treaty on the Functioning of the European Union. In particular, they must not run counter to the aim of the Directive, namely that of guaranteeing the smooth functioning of the internal market and preventing distortions of competition in the Union. With that aim in view, the provisions of national law must be fit for purpose and proportionate.

Or.de




2a. Reporting requirement and mutual evaluation1. By [the end of the transposition period], and every three years thereafter, Member States shall draw up a report containing the following information:(a) the text of any additional information requirements which Member States adopt

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or maintain pursuant to Article 5(3)(b) and (c);(b) the text of any diverging provisions of national law which Member States adopt or maintain pursuant to Article 22(2a);(c) the text of any diverging provisions of national law which Member States adopt or maintain pursuant to Article 26(5b) and Article 28(5a);(d) the text of any additional contract terms designated by Member States, pursuant to Article 34(1a), as unfair in all circumstances;(e) the text of any additional contract terms designated by Member States, pursuant to Article 35(1a), as terms presumed to be unfair;(f) the text of any decisions of fundamental importance – together with the grounds for them – taken by Member States' courts, arbitration bodies or competent administrative authorities in the field covered by this Directive.2. With regard to the information referred to in paragraph 1(a), (b), (c), (d) and (e), Member States shall detail why diverging provisions of national law are essential in order to protect consumers appropriately and in what way they are proportionate and effective. Commercial practicability and the furnishing of evidence, from a practical and legal point of view, in successfully concluded court proceedings shall be the sole criteria for assessing the consumer protection effectiveness of diverging provisions of national law.3. The Commission shall ensure that the details referred to in paragraph 1(a), (d) and (e) are easily accessible to consumers and traders, expressed clearly and intelligibly in all the official languages, e.g. on a website.

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4. The Commission shall forward the reports provided for in paragraph 1 to the other Member States, which shall submit their observations on each of the reports within six months of receipt.Within the same period, the Commission shall consult interested parties on those reports.

Or.de

Justification

It is very important that information concerning – in particular – the additional information requirements laid down in paragraph (a) should be made available to businesses. Moreover, it is particularly important that details of the additional information requirements should be made available in clear and intelligible form in all the official languages.

Amendment 1533Mitro Repo, Eija-Riitta Korhola



2b. Information requirements1. Member States shall communicate the following information to the Commission:(a) the text of any additional information requirements which Member States adopt or maintain pursuant to Article 5(3)(b) and (c);(b) the text of any diverging provisions of national law which Member States adopt or maintain pursuant to Article 22(2)(a);(c) the text of any diverging provisions of national law which Member States adopt or maintain pursuant to Article 26(5)(b) and Article 28(5)(a);(d) the text of any additional contract terms designated by Member States, pursuant to Article 34(1)(a), as unfair in

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all circumstances;(e) the text of any additional contract terms designated by Member States, pursuant to Article 35(1)(a), as terms presumed to be unfair;2. The Commission shall ensure that the details referred to in paragraph 1 are easily accessible to consumers and traders, e.g. on a website.

Or.fi

Justification

The proposed assessment and reporting requirement should be regarded as appropriate and as avoiding excessive red tape. It is sufficient that businesses and consumers receive such information as may be of significance when entering into a contract (and possibly with regard to the choice of the law applicable).




Where Member States maintain or introduce more stringent provisions to ensure a higher level of consumer protection in the field harmonised by this directive, these provisions must be compatible with the Treaty and must be notified to the Commission. The Commission shall make that information public on a website.

Or.en


Proposal for a directiveAnnex 1 – heading 1

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INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL

EXAMPLE OF INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL

Or.en


Proposal for a directiveAnnex 1 – heading 1 a (new)


Aa. INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL FOR OFF-PREMISES SALES CONTRACTS A. European model instructions on withdrawalRight of withdrawalYou may terminate this contract within a period of 14 days without giving any reason.That period shall begin on the day following the signing of the order form. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter.The period for withdrawal shall be deemed to have been observed if notice of withdrawal is sent before its expiry.Notice of withdrawal should be sent on a durable medium (for example in the form of a posted letter) to: [1] You may use the model withdrawal form below, although you are not required to do so.It should be noted that for off-premises contracts some EU Member States prohibit traders from seeking any form of

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payment from consumers, from delivering the goods or performing the service during the first seven days of the withdrawal period. For this off-premises contract this prohibition is applicable: yes/no (2)Effects of withdrawalIf withdrawal was done legally, you must send the goods back, at [our expense/your expense] [3], within a period of 14 days. The period for reimbursement shall begin when we receive your notice of withdrawal. The day on which we receive the notice of withdrawal shall not be counted as part of the period for reimbursement. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter.We must reimburse within a period of 14 days all payments you have made to us. The period for reimbursement shall begin when we receive your notice of withdrawal. The day on which we receive the notice of withdrawal shall not be counted as part of the period for reimbursement. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter.We may refuse to reimburse you until we have [received the returned goods or until you have produced proof of sending the goods back][4].[1] Insert the identity and address of the trader the consumer can use to terminate the contract.[2] To be filled in by the trader before providing the form to the consumer.[3] If the price of the goods to be returned is not more than EUR 50, the text in parentheses should read as follows: 'at your own expense'.

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[4] If the trader offers to collect the goods from the consumer, the text in parentheses should read as follows: 'collected the goods from you'.

Or.fr

Amendment 1537Frank Engel

Proposal for a directiveAnnex 1 – paragraph A


A. Information to be provided with the withdrawal form

A. Information to be provided with the European withdrawal form

Or.fr

Amendment 1538Andreas Schwab, Lara Comi

Proposal for a directiveAnnex 1 – paragraph A


A. Information to be provided with the withdrawal form

A. Model instructions on withdrawal

Right of withdrawalYou may withdraw on a durable medium from this contract within a period of 14 days without giving any reason [or – if the goods are delivered to you before theexpiry of this period – by returning the goods].The period for withdrawal shall begin [on receipt of the goods ordered]1. The day [on which the goods are received]2 shall not be counted as part of the period for withdrawal. If the last day of the period for withdrawal falls on a public holiday, a Saturday or a Sunday, the period shall

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end on the first working day thereafter.The period for withdrawal shall be deemed to have been observed if notice of withdrawal is sent, or the goods are returned, before its expiry.Notice of withdrawal should be sent on a durable medium (for example in the form of a posted letter)3 to:4. The consumer may use the form below, but it is not obligatory.

Effects of withdrawalFor withdrawal to be valid you must send the goods back, at [our expense]5, within a period of 14 days of sending your notice of withdrawal. The period for reimbursement shall begin when we receive your notice of withdrawal or the goods. The day on which we receive the notice of withdrawal shall not be counted as part of the period for reimbursement. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter.If you are unable to return the goods in their original condition, you shall be liable for any deterioration in their value. This provision shall apply only if the deterioration in value is attributable to the goods having been handled in a manner other than that necessary for ascertaining their nature and how they function. You can prevent deterioration by refraining from using the goods as you would your own property and by avoiding any form of handling liable to reduce their value.In the case of valid withdrawal, we must reimburse within a period of 14 days any payment you have made to us. The period for reimbursement shall begin when we receive your notice of withdrawal. The day on which we receive the notice of withdrawal shall not be counted as part of the period for reimbursement. If the last day of this period falls on a public

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holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter.We may make reimbursement subject to the condition that we have received the returned goods.

Advice on alternative wording:1. In the following specific cases, the text in parentheses should read as indicated:in the case of distance or off-premises contracts for the supply of services: 'from the day of the conclusion of the contract or on the day on which you received a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract'.2. In the following specific cases, the text in parentheses should read as indicated:in the case of distance or off-premises contracts for the supply of services: 'the conclusion of the contract or on the day on which you received a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract'.3. In the case of distance contracts, additional text should be inserted as follows:(a) if the entrepreneur allows the consumer to withdraw from the contract by e-mail: 'or by e-mail';(b) if the entrepreneur allows the consumer to fill in a model form electronically on a website: 'or via our website'.4. To be inserted: the entrepreneur's name and business address. In the case of distance contracts, the following must also be indicated: the e-mail and/or web address of the entrepreneur which the consumer can use to withdraw from the contract.5. If the price of the goods to be returned

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is not more than EUR 50, the text in parentheses should read as follows: 'at your own expense'.

Or.de

Justification



Proposal for a directiveAnnex 1 – paragraph 1


1. The name, geographical address and the email address of the trader to whom the withdrawal form must be sent.

1. The name, geographical address and the email address of the trader to whom the European withdrawal form must be sent.

Or.fr




4. For distance contracts concluded on the Internet, a statement that the consumer can electronically fill in and submit the standard withdrawal form on the trader's website and that he will receive an acknowledgement of receipt of such a withdrawal from the trader by email without delay.

4. For distance contracts concluded on the Internet, a statement that the consumer can electronically fill in and submit the model European withdrawal form on the trader's website and that he will receive an acknowledgement of receipt of such a withdrawal from the trader by email without delay.

Or.fr

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Proposal for a directiveAnnex 1 – paragraph B


B. Model withdrawal form B. Model European withdrawal form

Or.fr


Proposal for a directiveAnnex 2 – paragraph 1 – point a a (new)


(aa) making the period for termination of an open-ended contract by the trader shorter than that set for the consumer

Or.en


Proposal for a directiveAnnex 2 – paragraph 1 – point c


(c) excluding or hindering the consumer's right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions;

(c) excluding or hindering the consumer's right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with the trader;

Or.en

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Proposal for a directiveAnnex 2 – paragraph 1 – point c a (new)


(ca) assigning exclusive jurisdiction in all disputes under a contract to the competent court where the trader is resident, unless that court is the competent court where the consumer is resident, too;

Or.en


Proposal for a directiveAnnex 2 – paragraph 1 – point c b (new)


(cb) enabling the trader, at his own discretion, to set the prices of goods and services which should be set after the conclusion of the contract;

Or.en


Proposal for a directiveAnnex 2 – paragraph 1 – point c c (new)


(cc) enabling the trader to terminate or modify the contract because of the introduction of the euro.

Or.en

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Amendment 1547Małgorzata Handzlik

Proposal for a directiveAnnex 2 – paragraph 1 – point c d (new)


(cd) Assigning exclusive jurisdiction in all disputes under a contract to the competent court where the trader is resident;

Or.en

Justification

In the moment of signing of the contract the place of residence can be the same as the one of the trader, however in the moment of disputes it can be different. Full level of harmonization

Amendment 1548António Fernando Correia De Campos

Proposal for a directiveAnnex 2 – paragraph 1 – point d a (new)


(da) excluding or hindering the consumer's right to instruct and authorise a third party to conclude a contract between the consumer and the trader and/or to take steps which are meant to lead to, or facilitate, the conclusion of a contract between the consumer and the trader.

Or.en


Proposal for a directiveAnnex 2 – paragraph 1 – point d b (new)

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(db) excluding or hindering the consumer's right to instruct and authorise a third party to conclude a contract between the consumer and the trader and/or to take steps which are meant to lead to, or facilitate, the conclusion of a contract between the consumer and the trader

Or.en

Justification

Any consumer has the right to instruct and authorise a third party to conclude a contract between this consumer and a trader and/or to take steps which are meant to lead to, or facilitate, the conclusion of such a contract. Any term preventing or hindering that right must be considered unfair in all circumstances.


Proposal for a directiveAnnex 2 – paragraph 1 – point e a (new)


(ea) limiting the fundamental rights of citizens, including the right to privacy, the right to freedom of expression and the right to due process.

Or.en


Proposal for a directiveAnnex 2 – paragraph 1 – point 5 – subpoint a (new)


(a) excluding or limiting the legal rights of the consumer vis-à-vis the trader or

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another party in the event of total or partial non-performance or inadequate performance by the trader of any of the contractual obligations, including the rights of the consumer to offset a debt owed to the trader against a claim which the consumer may have against him;

Or.el

(moved from Annex III 1 (a))


Proposal for a directiveAnnex 2 – paragraph 1 – point 5 – subpoint b (new)


b) allowing the trader to retain a payment by the consumer where the latter fails to conclude or perform the contract, without giving the consumer the right to be compensated of the same amount if the trader fails to conclude or perform the contract;

Or.el

(moved from Annex III 1 (b))


Proposal for a directiveAnnex 2 – paragraph 1 – point 5 – subpoint c (new)


c) requiring any consumer who fails to fulfil his obligation to pay damages which significantly exceed the harm suffered by the trader;

Or.el

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(moved from Annex III 1(c))


Proposal for a directiveAnnex 2 – paragraph 1 – point 5 – subpoint d (new)


d) allowing the trader to terminate the contract at will where the same right is not granted to the consumer;

Or.el

(moved from Annex III 1 (d))


Proposal for a directiveAnnex 2 – paragraph 1 – point 5 – subpoint e (new)


e) enabling the trader to terminate an open-ended contract without reasonable notice except where the consumer has committed a serious breach of contract;

Or.el

(moved from Annex III 1 (e))


Proposal for a directiveAnnex 2 – paragraph 1 – point 5 – subpoint f (new)


f) automatically renewing a fixed-term contract where the consumer does not indicate otherwise and has to give a long

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notice to terminate the contract at the end of each renewal period;

Or.el

(moved from Annex III 1 (f))


Proposal for a directiveAnnex 2 – paragraph 1 – point 5 – subpoint g (new)


g) allowing the trader to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract;

Or.el

(moved from Annex III 1 (g))


Proposal for a directiveAnnex 2 – paragraph 1 – point 5 – subpoint h (new)


h) giving the trader the possibility of transferring his obligations under the contract, without the consumer's agreement;

Or.el

(moved from Annex III 1 (i))

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Proposal for a directiveAnnex 2 – paragraph 1 – point 5 – subpoint i (new)


i) enabling the trader to unilaterally alter the terms of the contract including the characteristics of the product or service;

Or.el

(moved from Annex III 1 ( k))


Proposal for a directiveAnnex 2 – paragraph 1 – point 5 – subpoint j (new)


ι) excluding or hindering the consumer's right to have recourse to legal means or exercise any other legal right, particularly by requiring the consumer to request arbitration not covered by legal provisions to settle disputes;

Or.el

(this point should be added as new point in Annex II)


Proposal for a directiveAnnex 2 – paragraph 1 – point 5 – subpoint k (new)


k) binding the consumer to terms with which he was unacquainted before the conclusion of the contract;

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Or.el



Proposal for a directiveAnnex 2 – paragraph 1 – point 5 – subpoint l (new)


l) binding the consumer to a contract with immediate effect, whereas the time during which the trader is bound by the contract is determined only by the trader himself;

Or.el



Proposal for a directiveAnnex 2 – paragraph 1 – point 5 – subpoint m (new)


m) authorising the trader to set the price of the products or services at the time of delivery in accordance with conditions exclusively concerning the trader;

Or.el



Proposal for a directiveAnnex 3 – paragraph 1 – point a

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a) excluding or limiting the legal rights of the consumer vis-à-vis the trader or another party in the event of total or partial non-performance or inadequate performance by the trader of any of the contractual obligations, including the rights of the consumer of offsetting a debt owed to the trader against a claim which the consumer may have against him;

deleted

Or.el

(move to annex II)


Proposal for a directiveAnnex 3 – paragraph 1 – point a


(a) excluding or limiting the legal rights of the consumer vis-à-vis the trader or another party in the event of total or partial non-performance or inadequate performance by the trader of any of the contractual obligations, including the rights of the consumer of offsetting a debt owed to the trader against a claim which the consumer may have against him;

(a) Does not affect English version.

Or.de


Proposal for a directiveAnnex 3 – paragraph 1 – point b


b) allowing the trader to retain a payment deleted

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by the consumer where the latter fails to conclude or perform the contract, without giving the consumer the right to be compensated of the same amount if the trader fails to conclude or perform the contract;

Or.el

(move to Annex II)


Proposal for a directiveAnnex 3 – paragraph 1 – point c


c) requiring any consumer who fails to fulfil his obligation to pay damages which significantly exceed the harm suffered by the trader;

deleted

Or.el

(move to Annex II)


Proposal for a directiveAnnex 3 – paragraph 1 – point c a (new)


(ca) Applying contingent charges, such as penalties for breaching the contract terms, that are clearly disproportionate to the costs incurred by the trader due to the breach of terms;

Or.en

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Proposal for a directiveAnnex 3 – paragraph 1 – point c b (new)


(cb) Requiring a consumer to purchase ancillary goods or services not advertised in the price of the main contract;

Or.en


Proposal for a directiveAnnex 3 – paragraph 1 – point d


d) allowing the trader to terminate the contract at will where the same right is not granted to the consumer;

deleted

Or.el

(move to Annex II)


Proposal for a directiveAnnex 3 – paragraph 1 – point d


(d) allowing the trader to terminate the contract at will where the same right is not granted to the consumer;

(d) allowing the trader to terminate the contract at will where the same right is not granted to the consumer, and allowing the trader, where he himself terminates the contract, to retain amounts paid for services not yet provided by him;

Or.en

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Proposal for a directiveAnnex 3 – paragraph 1 – point e


e) enabling the trader to terminate an open-ended contract without reasonable notice except where the consumer has committed a serious breach of contract;

Delete

Or.el

(moved to Annex II)


Proposal for a directiveAnnex 3 – paragraph 1 – point f


f) automatically renewing a fixed-term contract where the consumer does not indicate otherwise and has to give a long notice to terminate the contract at the end of each renewal period;

deleted

Or.el

(move to Annex II)


Proposal for a directiveAnnex 3 – paragraph 1 – point g


g) allowing the trader to increase the price agreed with the consumer when the

deleted

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contract was concluded without giving the consumer the right to terminate the contract;

Or.el

(moved to Annex II)




(g) allowing the trader to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract;

(g) allowing the trader to increase the price agreed with the consumer when the contract was concluded by more than 5% without giving the consumer the right to terminate the contract;

Or.de

Amendment 1576Catherine Soullie



(g) allowing the trader to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract;

(g) allowing the trader to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract, as a result of this increase;

Or.en


Proposal for a directiveAnnex 3 – paragraph 1 – point i

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i) giving the trader the possibility of transferring his obligations under the contract, without the consumer's agreement;

deleted

Or.el

(moved to Annex II)


Proposal for a directiveAnnex 3 – paragraph 1 – point i


(i) giving the trader the possibility of transferring his obligations under the contract, without the consumer's agreement;

(i) giving the trader the possibility oftransferring his obligations under the contract to a third party, without the consumer's agreement, where to do so may reduce guarantees for the consumer;

Or.de


Proposal for a directiveAnnex 3 – paragraph 1 – point k


k) enabling the trader to unilaterally alter the terms of the contract including the characteristics of the product or service;

deleted

Or.el

(move to Annex II)

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Proposal for a directiveAnnex 3 – paragraph 1 – point k a (new)


(ka) enabling the trader to alter unilaterally, without a valid reason, any characteristics of the product or service to be provided;

Or.en


Proposal for a directiveAnnex 3 – paragraph 1 – point l a (new)


(la) making an agreement binding on the consumer whereas provision of services by the trader is subject to a condition whose realisation depends on his own will alone;

Or.en


Proposal for a directiveAnnex 3 – paragraph 1 – point l b (new)


(lb) irrefutably presuming the agreement of the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract;

Or.en

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Proposal for a directiveAnnex 3 – paragraph 1 – point l c (new)


(lc) enabling the trader to limit the agreed performance of the product or to unduly limit the interoperability of digital products with hardware and software;

Or.en


Proposal for a directiveAnnex 3 – paragraph 1 – point l d (new)


(ld) restricting the use of digital products permitted under copyright law;

Or.en


Proposal for a directiveAnnex 3 – paragraph 1 – point 12 – subpoint a (new)


α) requiring the consumer to pay a predetermined amount if he wishes to terminate a contract;

Or.el

(this point should be added as new point of paragraph 1)

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Proposal for a directiveAnnex 3 – paragraph 1 – point 12 – subpoint b (new)


b) requiring procedures for the validity of a contract for which no provision exists under national law or subjecting consumers to excessive requirements for the exercise of their contractual obligations;

Or.el



Proposal for a directiveAnnex 3 – paragraph 1 – point 12 – subpoint c (new)


c) permitting the trader to demand excessive financial guarantees from the consumer or requiring the consumer to meet excessive conditions for compliance;

Or.el



Proposal for a directiveAnnex 3 – paragraph 1 – point 12 – subpoint d (new)


d) enabling the trader immediately to terminate the contract or to terminate it with an inadequate period of notice

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without providing appropriate compensation, even though this contract had required the consumer to spend a significant amount of money;

Or.el

(this point is added as new point of paragraph 1)


Proposal for a directiveAnnex 3 – paragraph 1 – point 12 – subpoint e (new)


e) requiring the consumer to pay an excessive advance before the trader meets his obligations;

Or.el



Proposal for a directiveAnnex 3 – paragraph 1 – point 12 – subpoint f (new)


f) allowing the trader to terminate a fixed-term contract without paying compensation to the consumer, except in cases of force majeure;

Or.el


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Proposal for a directiveAnnex 3 – paragraph 1 – point 12 – subpoint g (new)


g) requiring the consumer to pay compensation to the trader in the event of a unilateral termination of an open-ended contract;

Or.el





2. Point 1(e) shall not apply to terms by which a supplier of financial service reserves the right to terminate unilaterally an open-ended contract without notice, provided that the supplier is required to inform the other contracting party or parties thereof immediately.

deleted

Or.en


Proposal for a directiveAnnex 3 – paragraph 3 – introductory part


3. Point 1(g) shall not apply to deleted(a) transactions in transferable securities, financial instruments and other products

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or services where the price is linked to fluctuations in a stock exchange quotation or index or a financial market rate that the trader does not control;(b) contracts for the purchase or sale of foreign currency, traveller's cheques or international money orders denominated in foreign currency;(c) price-indexation clauses, where lawful, provided that the method by which prices vary is explicitly described.

Or.en




4. Point 1(k) shall not apply to deleted(a) terms under which a supplier of financial services reserves the right to alter the rate of interest payable by the consumer or due to the latter, or the amount of other charges for financial services without notice where there is a valid reason, provided that the supplier is required to inform the other contracting party or parties thereof at the earliest opportunity and that the latter are free to dissolve the contract immediately;(b) transactions in transferable securities, financial instruments and other products or services where the price is linked to fluctuations in a stock exchange quotation or index or a financial market rate that the trader does not control;(c) contracts for the purchase or sale of foreign currency, traveller's cheques or international money orders denominated in foreign currency;

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(d) terms under which the trader reserves the right to alter unilaterally the conditions of an open-ended contract, provided that he is required to inform the consumer with reasonable notice and that the consumer is free to terminate the contract.

Or.en




4. Point 1(k) shall not apply to deleted(a) terms under which a supplier of financial services reserves the right to alter the rate of interest payable by the consumer or due to the latter, or the amount of other charges for financial services without notice where there is a valid reason, provided that the supplier is required to inform the other contracting party or parties thereof at the earliest opportunity and that the latter are free to dissolve the contract immediately;(b) transactions in transferable securities, financial instruments and other products or services where the price is linked to fluctuations in a stock exchange quotation or index or a financial market rate that the trader does not control;(c) contracts for the purchase or sale of foreign currency, traveller's cheques or international money orders denominated in foreign currency;(d) terms under which the trader reserves the right to alter unilaterally the conditions of an open-ended contract, provided that he is required to inform the consumer with reasonable notice and that

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the consumer is free to terminate the contract.

Or.en

Documents

AMENDMENTS 1135 - 1595 · AM\836859EN.doc PE452.545v01-00 EN United in diversity EN EUROPEAN PARLIAMENT 2009 - 2014 Committee on the Internal Market and Consumer Protection 2008/0196(COD)