Activities of Jean-Marie CAVADA related to 2015/0288(COD)
Legal basis opinions (0)
Amendments (15)
Amendment 50 #
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should cover all contracts for the sale of goods concluded between a consumer and a seller, including distance sales contracts. While online sales of goods constitute the vast majority of distance sales in the Union, this Directive should cover all distance sales channels, including phone and mail orders, in order to avoid any unjustified distortions of competition and to create a level playing field for all businesses selling at a distance.
Amendment 62 #
Proposal for a directive
Recital 9
Recital 9
(9) Fully harmonised consumer contract law rules will make it easier for traders to offer their products in other Member States. Businesses will have reduced costs as they will no longer need to take account of different consumer mandatory rules. They will enjoy more legal certainty when selling at a distance to other Member States through a stable contract law environment.
Amendment 64 #
Proposal for a directive
Recital 10
Recital 10
(10) Increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers. Consumers will benefit from a high level of consumer protection and welfare gains through targeted fully harmonised rules. This in turn would increase their trust in the, especially in cross- border commerce at a distance and, in particular, online. Consumers will be more confidently buy at a distance about making cross-border knowpurchases ing they would knowledge that they enjoy the same rights across the Union.
Amendment 66 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive covers rules applicable to the online and other distance sales of goods only in relation to key contract elements needed to overcome contract-law related barriers in the Digital Ssingle Mmarket. For this purpose, rules on conformity requirements, remedies available to consumers for lack of conformity of the goods with the contract and modalities for their exercise should be fully harmonised and the level of consumer protection as compared to Directive 1999/44/EC, should be increased.
Amendment 77 #
Proposal for a directive
Recital 18
Recital 18
(18) In order to balance the requirement of legal certainty with an appropriate flexibility of the legal rules, any reference to what can be expected of or by a person in this Directive should be understood as a reference to what can reasonably be expected. The standard of reasonableness should be objectively ascertained, having regard to the nature, subject and purpose of the contract, to the circumstances of the case and to the usages and practices of the parties involved. In particular, the reasonable time for completing a repair or replacement should be objectively ascertained, having regard to the nature of the goods and the lack of conformity, if no time limit for repair or replacement is provided for in the contract.
Amendment 93 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two yearsix months, in order to benefit from the presumption of lack of conformity, the consumer should only establish that the good is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the Digital Single Market, a fully harmonised order in which remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products.
Amendment 99 #
Proposal for a directive
Recital 28
Recital 28
(28) Where the seller has not remedied the lack of conformity through repair or replacement without significant inconvenience for the consumer and within a reasonable time or within the time limit for replacement or repair laid down in the contract, the consumer should be entitled to a price reduction or to terminate the contract. In particular any repair or replacement needs to be successfully accomplished within this reasonable period. What is a reasonable time should be objectively ascertained considering the nature of the goods and the lack of conformity. If upon the laps of, once the reasonable period has lapsed, the seller has failed to successfully remedy the lack of conformity, the consumer should not be obliged to accept any further attempts by the seller in relation to the same lack of conformity.
Amendment 141 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) be of the quantity, quality and description required by the contract, – including those referred to in any pre- contractual commitment or declaration – which includes that where the seller shows a sample or a model to the consumer, the goods shall possess the quality of and correspond to the description of this sample or model;
Amendment 143 #
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 144 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Where digital content is supplied over a period of time, the supplier shall, for the duration of that period, ensure that the digital content respects the rights of third parties, including those based on intellectual property, so that the digital content can be used in accordance with the contract.
Amendment 147 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) be delivered along with such accessories including packaging, installation instructions or other instructions as the consumer may reasonably expect to receive; and
Amendment 154 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
At the time relevant for establishing the conformity with the contract as determined by Article 8, the goods must be free from any right of a third party, including based on intellectual property, so that the goods can be used in accordance with the contract. If the contract concerns cultural content, and therefore works necessarily protected by copyright, the conformity of the contract implies that all copyright laws have been complied with.
Amendment 165 #
Proposal for a directive
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) the seller has not completed repair or replacement within a reasonable time or within the time limit specified by the seller in the contract;
Amendment 166 #
Proposal for a directive
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
(d) the seller has declared, or it is equally clear from the circumstances, that the seller will not bring the goods into conformity with the contract within a reasonable time, or within the time limit specified by the seller in the contract.
Amendment 184 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The consumer shall exercise the right to terminate the contract by notice to the seller given by any means laid down in the contract.