Activities of Sebastian Valentin BODU related to 2008/0196(COD)
Plenary speeches (3)
Explanations of vote
Explanations of vote
Explanations of vote
Amendments (11)
Amendment 105 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) This directive should not affect Member State provisions relating to the acquisition of immovable property or to guarantees concerning such property, or the formulation or transfer of rights in rem area over immovable property (including buildings still to be constructed).
Amendment 109 #
Proposal for a directive
Recital 14
Recital 14
(14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace. In an oOff- premises context, consumers areracts are typically ones in which the consumer is ill-prepared for concluding contracts and is under psychological pressure no matter whether they have solicited the trader's visit or not. Furthermore, in order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer's home but concluded in a shop should be regarded as an off-premises contract. In any circumstances, contracts which, in conformity with Member State national legislation, are endorsed by a public authority, shall not represent a situation in which the consumer is under unusual psychological pressure. Such contracts shall therefore be considered neither off-premises contracts nor distance contracts under this directive.
Amendment 185 #
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence of a right of withdrawal, where applicable, and the costs relating to withdrawals or changes in respect of the location or provider of the services being received;
Amendment 189 #
Proposal for a directive
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
(h) the minimum duration of the consumer's and trader’s (service provider’s) obligations under the contract, where applicable;
Amendment 210 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall not impose any pre-contractual formal requirements other than those provided for in paragraphs 1 and 2.
Amendment 223 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall not impose any pre-contractual formal requirements other than those provided for in paragraphs 1 toand 4.
Amendment 225 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The consumer shall have a period of fourteen days calendar days to withdraw from a distance or off-premises contract, without giving any reason.
Amendment 254 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
For sales contracts for which the material possession of the goods has been transferred to the consumer or at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, within fourteen calendar days from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself.
Amendment 267 #
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) services where performance has begun, with the consumer's prior express consent, before the end of the fourteen calendar day period referred to in Article 12;
Amendment 284 #
Proposal for a directive
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) for the sale of immovable property or relating to other immovable property rights, except for rental and workrelating to the sale or acquisition of immovable property or to the formulation or transfer of property rights or to contracts concluded in connection with the sale of immovable property or with the transfer of property rights. This exclusion relates specifically to contracts in connection with the legal acts referred to herein above, as well as the sale of property under construction and lease-purchases, without prejudice to the application of this directive in cases relating solely to immovable property; rental or solely to works carried out on immovable property;
Amendment 377 #
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
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, save for requirements concerning the way these are presented for people with disabilities.