16 Amendments of Anja WEISGERBER related to 2011/0284(COD)
Amendment 339 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal.
Amendment 385 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Where the parties have validly agreed to use the Common European Sales Law for a contract, only the Common European Sales Law shall govern the matters addressed in its rules. Provided that the contract was actually concludedWhere the trader offers goods, digital contents or related services with the option of agreeing on the application of the Common European Sales Law, the Common European Sales Law shall also govern the compliance with and remedies for failure to comply with the pre- contractual information duties.
Amendment 459 #
Proposal for a regulation
Annex 1 – Article 104
Annex 1 – Article 104
Amendment 463 #
Proposal for a regulation
Annex 1 – Article 106 – paragraph 2
Annex 1 – Article 106 – paragraph 2
2. If the buyer is a trader:, the buyer’s right to rely on lack of conformity shall be subject to the requirements of examination and notification set out in Section 7 of this Chapter.
Amendment 464 #
Proposal for a regulation
Annex 1 – Article 106 – paragraph 3
Annex 1 – Article 106 – paragraph 3
Amendment 469 #
Proposal for a regulation
Annex 1 – Article 109
Annex 1 – Article 109
Cure by the seller 1. A seller who has tendered performance early and who has been notified that the performance is not in conformity with the contract may make a new and conforming tender if that can be done within the time allowed for performance. 2. In cases not covered by paragraph 1 a seller who has tendered arendered performance which is not in conformity with the contract may, without undue delay on being notified of the lack of non-conformity, offer to cure it at its own expense. 3. An offer to cure is not precluded by notice of terminationsubsequent performance at its own expense, pursuant to Article 111. 42. The buypurchaser may refuse an offer to curof subsequent performance only if: (a) cursubsequent performance cannot be effected promptly and without significant inconvenience to the buyer;, (b) the buyer has reason to believe that the seller’s future performance cannot be relied on; or (c) delay in performance would amount to a fundamental non-performance. 53. TIf paragraph 2 does not apply, the seller shas a reasonable period of time to effect curell effect subsequent performance within a reasonable period, which, in the case of consumer sales contracts, shall not exceed 30 days. If the buyer stipulates a reasonable period for the seller it shall be binding. 64. The buyer may withhold performance pending cure, but the rights of the buyer which are inconsistent with allowing the seller a period of time to effect cure aruntil subsequent performance has been effected. In so far as they are not compatible with the possibility of subsequent performance, the buyer’s other rights shall be suspended until thate period provided for in paragraph 3 has expired. 75. Notwithstanding cursubsequent performance, the buyer retains the right to claim damages for delay as well as for any harm caused or not prevented by the cursubsequent performance.
Amendment 470 #
Proposal for a regulation
Annex 1 – Article 110 – paragraph 3 a (new)
Annex 1 – Article 110 – paragraph 3 a (new)
3a. If, in the event of non-conformity, and although requested to do so by the consumer, the trader does not effect remedy, but instead urges the consumer to seek remedy on the basis of a commercial warranty, the trader must allow the actions taken and statements made by the consumer and the warrantor concerning the commercial warranty to be asserted against him in respect of his commitments.
Amendment 471 #
Proposal for a regulation
Annex 1 – Article 110 – paragraph 3 b (new)
Annex 1 – Article 110 – paragraph 3 b (new)
3b. If the consumer seeks remedy from the trader, until such time as remedy has been completed and the consumer has reacquired physical possession or control in accordance with Article 142, the trader shall bear the full risk of destruction of or damage to the goods. The first sentence shall apply from the time when the consumer, after notifying the trader that he or she is seeking remedy, hands over the article to the trader or, if transport is required, to the first carrier.
Amendment 474 #
Proposal for a regulation
Annex 1 – Article 111 – paragraph 1
Annex 1 – Article 111 – paragraph 1
1. Where, inIf a consumer sales contract, the trader is required to remedy a lack of conformity pursuant to Article 110(2)can require or if the seller offers subsequent performance, the consumer may choose between repair and replacement unless the option chosen would be unlawful or impossible or, compared to the other option available, would impose costs on the seller that would be disproportionate taking into account:
Amendment 478 #
Proposal for a regulation
Annex 1 – Article 111 – paragraph 2
Annex 1 – Article 111 – paragraph 2
Amendment 482 #
Proposal for a regulation
Annex 1 – Article 117 – paragraph 2
Annex 1 – Article 117 – paragraph 2
2. Paragraph 1 does not apply: where no performance at all has been rendered.
Amendment 483 #
Proposal for a regulation
Annex 1 – Article 119 – paragraph 2 – point a
Annex 1 – Article 119 – paragraph 2 – point a
Amendment 484 #
Proposal for a regulation
Annex 1 – Article 119 – paragraph 2 – point b
Annex 1 – Article 119 – paragraph 2 – point b
Amendment 504 #
Proposal for a regulation
Annex 1 – Article 179 – paragraph 2 a (new)
Annex 1 – Article 179 – paragraph 2 a (new)
2a. Prescription shall apply as from the end of the short period.
Amendment 505 #
Proposal for a regulation
Annex 1 – Article 184 – paragraph 1 and paragraph 2
Annex 1 – Article 184 – paragraph 1 and paragraph 2
1. If the debtor acknowledges the right vis- à- vis the creditor, by part payment, payment of interest, giving of security, set- off or in any other manner, a new short period of prescription begins to run. 2. The same shall apply if the seller has made an attempt at subsequent performance.
Amendment 506 #
Proposal for a regulation
Annex 1 – Article 186 a (new)
Annex 1 – Article 186 a (new)
Part IX. Other provisions Conciliation If duly requested to do so by the consumer, the trader shall be required to participate in an out-of-court contract dispute resolution procedure within the meaning of the Directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.