Activities of Kurt LECHNER
Plenary speeches (28)
Tobacco sponsorship and advertising
Question Time (Commission)
Distance marketing of consumer financial services
Tobacco products
European Council of 19/20 June 2000
Vote
Manufacture, presentation and sale of tobacco products
Bankruptcy procedures
Judicial cooperation
Votes
Electronic signatures
Statute for a European private company - Cross-borders transfers of companies' registered offices - Small Business Act - Workers' participation in companies with a European Statute (debate)
(A6-0504/2007, Kurt Lechner) Consumer credit (vote)
Consumer credit (debate)
Consumer credit (debate)
Improving the efficiency of the enforcement of judgments in the EU: attachment of bank accounts (debate)
Review of the consumer acquis (debate)
Mortgage credit (debate)
Services (debate)
REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals)
Succession and the European Certificate of Succession (A7-0045/2012 - Kurt Lechner) (vote)
Succession and the European Certificate of Succession (debate)
Succession and the European Certificate of Succession (debate)
Interconnection of central, commercial and companies registers (debate)
Interconnection of central, commercial and companies registers (debate)
Consumer rights (debate)
Interconnection of business registers (short presentation)
Mutual recognition of professional qualifications (debate)
Reports (12)
Report on the request for defence of parliamentary immunity and privileges submitted by Umberto Bossi - Committee on Legal Affairs and the Internal Market PDF (113 KB) DOC (48 KB)
Report on the request for defence of parliamentary immunity and privileges submitted by Umberto Bossi - Committee on Legal Affairs and the Internal Market PDF (121 KB) DOC (46 KB)
Recommendation for second reading on the common position adopted by the Council with a view to adopting a European Parliament and Council regulation relating to fertilizers - Committee on Legal Affairs and the Internal Market PDF (136 KB) DOC (49 KB)
Report on the proposal for a regulation of the European Parliament and of the Council relating to fertilizers - Committee on Legal Affairs and the Internal Market PDF (135 KB) DOC (59 KB)
PDF (50 KB) DOC (121 KB)
PDF (74 KB) DOC (141 KB)
PDF (25 KB) DOC (108 KB)
REPORT Recommendation for second reading on the Council common position for adopting a directive of the European Parliament and of the Council on credit agreements for consumers and repealing Council Directive 87/102/EEC PDF (252 KB) DOC (279 KB)
REPORT on the Green Paper on improving the efficiency of the enforcement of judgments in the European Union: the attachment of bank accounts PDF (159 KB) DOC (103 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession PDF (458 KB) DOC (347 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directives 89/666/EEC, 2005/56/EC and 2009/101/EC as regards the interconnection of central, commercial and companies registers PDF (416 KB) DOC (702 KB)
REPORT Report on the interconnection of business registers PDF (187 KB) DOC (119 KB)
Opinions (5)
OPINION on Mortgage Credit in the EU (Green Paper)
OPINION Proposal for a Directive of the European Parliament and of the Council amending Council Directive 67/548/EEC in order to adapt it to Regulation (EC) of the European Parliament and of the Council concerning the registration, evaluation, authorisation and restriction of chemicals
OPINION Proposal for a Regulation of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restrictions of Chemicals (REACH), establishing a European Chemicals Agency and amending Directive 1999/45/EC and Regulation (EC) {on Persistent Organic Pollutants}
OPINION on the proposal for a European Parliament and Council directive on services in the internal market
OPINION on the proposal for a directive of the European Parliament and of the Council on credit agreements relating to residential property
Legal basis opinions (7)
Aquaculture: use of alien and locally absent species
General programme "Solidarity and Management of Migration Flows": European Refugee Fund (ERF) 2008-2013
Energy infrastructure: investment projects
Making available on the market and use of biocidal products
Movement of persons with a long-stay visa
Energy-related products: indication of the consumption of energy. Recast
Public access to European Parliament, Council and Commission documents
Amendments (140)
Amendment 17 #
2011/2037(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Agrees with the Commission on the principle that an audit report's conclusions should focus on substance over form. As a consequence, conclusions need to be clear and concise and should address all issues being part of the legal mission of the auditor;
Amendment 44 #
2011/2037(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees that there is an inevitable conflict inRecognises that in order to avoid conflict risk due to the auditor being appointed and paid by the audited entity; nevertheless,, the current EU Audit Directive lays down the principle that statutory auditors are appointed by the general assembly and that for public interest entities the audit committee recommends the statutory auditor; therefore does not currently see any justification for this appointment to be made by a third party; with this in mind, calls for the audit committee's role to be strengthened and calls on the Commission for appropriate proposals in that sense;
Amendment 48 #
2011/2037(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. BelievAgrees that, in order to guarantee the independence of audits, auditing contracts should run for no longer than eight years; takes the view that an initial contract should be concluded for four years, renewable only once for a further period of four years, followed by a per the independence of the auditor is of paramount importance; believes that audit committees have an important oversight role in ensuring that the auditor remains independent and asks the Commission to provide guidance to assist audit committees in this respect; believes that the internal rotatiodn of at least four years – eight years for public interest entities – during which the audit firm concerned cannot audit the same company again; considers that there would be a need, at the end of the initial four-year period, for a new team to be appointed from within theudit partners as currently enshrined in the EU Audit Directive for public interest entities is an appropriate mechanism to ensure auditor independence. Scientific studies give evidence to increased cost for audited companies and a steep decrease of audit quality in the case of the rotation of the audit firm due to a loss of institutional knowledge about the audited entity. It can be expected that external rotation will also negatively impact the market position of smaller and medium sized audit firms;
Amendment 63 #
2011/2037(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that there should be a ban on services other than auditing being provided to the audited company, as this would pose a risk to the auditor's independence; takes the view, furthermore, that under no circumstances should internal and external auditing services be provided simultaneously; points out that this would restrict ‘lowballAgrees that auditor independence should not be compromised by the provision of services other than auditing being provided to the audited company by the auditor; acknowledges that the principles generally applied internationally by audit firms in respect of public interest entities are considerably more restrictive than required by EU law; asks the Commission to bring forward proposals to require that these restrictions apply to public interest entities; recognizes that the provision of services other than auditing’, twhe practice of offering cut- price auditing with a view to obtaining compensation by charging for additional services; therefore takes the view that the ban must apply to all firmsre not incompatible with auditor independence, can be an essential element to provide high quality audits in a complex business environment via a broadened skill set. Sees in particular in the area of small and medium sized businesses an expectation that the statutory auditor is a partner for business who can also give advice on taxation and otheir clients, particularly where major audit firms are concerned; issues. Recognizes that audit's high quality standards, when applied to other services contribute to the trust in the financial transactions and financial markets;
Amendment 88 #
2011/2037(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that as service providers which rely on human assets (auditors) rather than financial assets, audit firms are not interconnected and an audit firm failure would not create any domino effect with the rest of the economy. Takes the view that firms that are deemed ‘too big to fail’ could create the risk of moral hazard and that the contingency plans relating to the major auditing firms should be reinforced; believes, furthermore, that these plans should be designed to minimise the risk of an audit firm leaving the market without good reason and reduce the uncertainty and disruption that would cause, whilst ensuring that the market does not end up being dominated by an even tighter oligopoly; ;
Amendment 91 #
2011/2037(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes the view that the contingency plans are an important element to prevent an unorderly dissolution of a firm. Such plans ought to include a mechanism via which the regulator is informed of any problems threatening an audit firm nationally or internationally, these plans being designed to stabilise audit firms and prevent a sudden collapse resulting from an exodus of clients and staff whilst an investigation is ongoing; takes the view that there should be an objective study of the causes of the problem, irrespective of the penalties imposed, establishing whein order to allow the regulators to play their the problems are intrinsic to the audit firm concerned or whether the firm can be rescued either in part or entirely; takes the view that there should also be a response plan in which the regulator establishes whether, and under which conditions, the audit firm should continue to receive aid; takes the view that, where necessary, the plan should provide for the orderly transfer of clients and staff to other audit firms and handle these situations with due care;
Amendment 95 #
2011/2037(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that there is a need to create, or encouragealls on the Commission to create a level playing field for competition in the audit market and to reduce complexity in the cregulation of, a voluntary code of ethics for the Big Four firms, encouraguditing from a European perspective. Easier market access and the removal of market entry barriers are key elements to have a greater number of players and notably of larger players ing them to restrict their own growth, thereby protecting the development of medium-sized audit firms, which would ultimately also be beneficial for the survival of the major firms themselve audit market. Considers that audit committees are best placed to select and monitor the effectiveness and quality of the audit to best meet the audited entity’s needs, and that it is inappropriate to artificially influence the audit market via regulatory interventions;
Amendment 106 #
2011/2037(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. CallsRecognises the importance of the role onf the Commissiaudit committee in mon ito bring in a system of compulsory tendering on a periodic basis for public interest entities, under which at least one non-Big Four company would have to be included; takes the view that the audit committee must be given a key role in this process, in which shareholders must also take partthe effectiveness of the external auditor and the audit process; calls on the Commission to review audit committee practices with regard to tendering processes with a particular view on aspects of administrative burdens associated with a formal tendering process. Encourages the Commission to include the results of an annual discussion of the auditor selection in an audit committee report to the shareholder assembly;
Amendment 109 #
2011/0062(COD)
Proposal for a directive
Recital 25
Recital 25
(25) A negative creditworthiness assessment should indicate to the creditor that the consumer is unable to afford the credit and as a consequence, the creditor should not grant the creditmean that the credit will be granted only in exceptional circumstances. This should be documented by the supervisory authority for auditing purposes. Such a negative outcome may derive from a wide range of reasons, including but not limited to the consultation of a database or a negative credit score. A positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit.
Amendment 139 #
2011/0062(COD)
Proposal for a directive
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) 'Total cost of the credit to the consumer' means the total cost of the credit to the consumer as defined in Article 3(g) of Directive 2008/48/EC, with the exception of costs incurred in securing the credit against real property.
Amendment 143 #
2011/0062(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(na) 'Fixed borrowing rate' means a single fixed borrowing rate applicable for the entire life or part of the life of the credit agreement.
Amendment 189 #
2011/0062(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States shall ensure that the creditor and, where applicable, the credit intermediary, without undue delay after the consumer has given the necessary information on his needs, financial situation and preferences in accordance with Article 14, provides the consumer with the personalised information needed to compare the credits available on the market, assess their implications and take an informed decision on whether to conclude a credit agreement. Member States may stipulate that consumers should be afforded this scope to weigh up their decision through the granting of a statutory or contractual right of withdrawal pursuant to the provisions of Directive 2008/48/EC. Such information, on paper or on another durable medium, shall be provided by means of the European Standardised Information Sheet ('ESIS'), as set out in Annex II.
Amendment 265 #
2011/0062(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Member States may provide that the exercise of the right referred to in paragraph 1 is subject to certain conditions. Such conditions may include time limitations on the exercise of the right, different treatment depending on the type of the borrowing rate, or restrictions with regard to the circumstances under which the right may be exercised. Member States may also provide that the creditor should be entitled to fair and objectively justified compensation for potential costs directly linked to early repayment of the credit. In any event, if the early repayment falls within a period for which the borrowing rate is fixed, either when a credit agreement is concluded or at a later juncture, exercise of the right may be made subject to the existence of a special interest on the part of the consumer.
Amendment 124 #
2009/0157(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The scope of this Regulation should include all questions arising in civil law in connection with succession to the estates of deceased persons, namely all forms of transfer of propertymission of assets, rights and obligations as a result of death, be it by voluntary transfer, transfer in accordance with a will or an agreement as to succession, or a legal transfer of property as a result of death.
Amendment 129 #
2009/0157(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In view of the increasing mobility of European citizens and in order to encourage good administration of justice within the European Union and to ensure that a genuine connecting factor exists between the succession and the Member State exercising jurisdiction, this Regulation should provide for the competence of the courts of the Member State for the whole of the succession. In disputed cases, jurisdiction should lie with the courts of the Member State of the last habitual residence of the deceased forat the wholtime of the succession. For the same reasons, death. Where the deceased exercises his or her right to choose in accordance with Article 17, the courts where the deceased had nationality should allow the competent court, by way of exception and under certain so have jurisdiction if this is requested by all parties. If Member States also provide for judicial competence in undisputed cases, this should apply acconrditions, to transfer the case to the jurisdiction where the deceased had nationality if the latter is better placed to hear the casengly, with the proviso that the wishes of all the parties involved should be respected; where necessary a court which initially accepted jurisdiction should decline jurisdiction. Should the parties involved wish to resolve inheritance issues without going through the courts, they should not be hindered in so doing by the rules on jurisdiction.
Amendment 135 #
2009/0157(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) TProvisions on the validity of the form of dispositions of property upon death, is not covered by the Regulation. For the Member States which have ratified it, its scope is governed by the provisions of the Hague Convention of 5 October 1961 on the conflicts of laws relating to the form of testamentary disposincluding agreements as to succession, should be incorporated in the Regulations.
Amendment 136 #
2009/0157(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Provisions on the law applicable to testamentary capacity should be incorporated in the Regulation.
Amendment 191 #
2009/0157(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
Amendment 256 #
2008/0196(COD)
Proposal for a directive
Recital 11 j (new)
Recital 11 j (new)
(11j) This Directive does not affect Member States' provisions on the purchase and acquisition of property or the formulation or transfer of rights to property. This also includes agreements connected with such legal acts, especially contracts for purchases from a property developer or leasing contracts.
Amendment 275 #
2008/0196(COD)
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 off- premises context, consumers areContracts concluded away from a trader's business premises are characterised by the fact that the consumer is not prepared for contract negotiations and is under psychological pressure no matter whether they haves 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 contrast, no such difficult psychological situation applies where contracts are certified using the services of a public office-holder in accordance with the rules of the Member States. Such contracts are therefore not considered to be either off- premises contracts or distance contracts for the purposes of this Directive.
Amendment 284 #
2008/0196(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The definition of durable medium should include all statements made in writing, in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of the computer on which the electronic mail or a pdf file is stored. Any communication by electronic means which provides a durable record in a durable medium is equivalent to "writing".
Amendment 328 #
2008/0196(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Certain exemptions should exist from the right of withdrawal, such as in cases where a right of withdrawal would be inappropriate, given the nature of the product. That is applicable for example to wine supplied a long time after the conclusion of the contract of a speculative nature where the value is dependent on fluctuations in the market (vin en primeur), and exercising a right of withdrawal would unfairly disadvantage the trader or manufacturer. That is applicable in particular to foodstuffs and other hygienically sensitive or perishable goods, for example to electrical appliances for personal care or electrical appliances that come into contact with food.
Amendment 356 #
2008/0196(COD)
Proposal for a directive
Recital 42
Recital 42
(42) When the trader has either refused or has more than once failedfailed at least twice to remedy the lack of conformity the consumer should be entitled to choose freely any of the available remedies. The trader's refusal can be either explicit or implicit, meaning in the latter case that the trader does not respond or ignores the consumer's request to remedy the lack of conformity.
Amendment 452 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) 'means of distance communication' means any means which, without the simultaneous physical presence of the trader and the consumer, may be used forin the context of the conclusion of a contract between those parties;
Amendment 463 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer or any sales or service contract for which an offer was made by the consumer in the same circumstances, orat the consumer’s workplace or in his or another consumer’s home, unless the visit is not made at the consumer’s express wish. This shall exclude contracts which, in accordance with the provisions of the Member States, are certified by a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer concludes the contract only on the basis of careful consideration and with knowledge of its legal scope;
Amendment 469 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a – point i (new)
Article 2 – paragraph 1 – point 8 – point a – point i (new)
(i) ‘Everyday transactions’ Sales or service contracts in which, as a rule, the contract is performed in full immediately following its conclusion.
Amendment 471 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 –point b
Article 2 – paragraph 1 – point 8 –point b
Amendment 498 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) ‘goods made to the consumer's specifications or clearly personalised’ means any non-prefabricated goods production of which is completed on the basis of an individual choice or decision by the customer on, for example, colour, size, material or finish, which, because they are made to consumer’s wishes in these respects, are unsaleable or saleable only at an unreasonable discount, and which the trader has clearer identified to the consumer as customised goods.
Amendment 508 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive shall only apply to financial services as regards certain off- premises contracts as provided for by Articles 8 to 20, unfair contract terms as provided for by Articles 30 to 39 and general provisions as provided for by Articles 40 to 46, read in conjunction with Article 4 on full harmonisation.
Amendment 525 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 a (new)
Article 3 – paragraph 4 – subparagraph 1 a (new)
This Directive shall not apply to provisions in Member States' laws relating to the legal nature, sale, acquisition or transfer of ownership of immovable property or to the formulation or transfer of rights to ownership of immovable property.
Amendment 526 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 b (new)
Article 3 – paragraph 4 – subparagraph 1 b (new)
Articles 5 to 29 shall not apply to contracts which, in accordance with the provisions of the Member States, are certified by a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;
Amendment 527 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 c (new)
Article 3 – paragraph 4 – subparagraph 1 c (new)
The Member States may decide that this Directive shall apply only to contracts for which the payment to be made by the consumer exceeds a specified amount. The amount may not exceed EUR 100.
Amendment 528 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 d (new)
Article 3 – paragraph 4 – subparagraph 1 d (new)
Articles 12 to 19 shall not apply to distance and off-premises contracts for the provision of accommodation, transport, motor vehicle rental services, catering or leisure services as regards contracts providing for a specific date or period of performance.
Amendment 572 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the main charactename or descrispticson of the product, to an extent appropriate to the medium and the productgood or service;
Amendment 577 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the geographical address and the identity of the trader, such as his trading name and, where applicable, the geographicalbusiness address and the identity of the trader on whose behalf he is acting;
Amendment 595 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
d) the arrangements for payment, delivery, performance and the complaint handling policy, if they depart from the requirements of professional diligence;eleted
Amendment 597 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) the arrangements for payment, delivery, and performance and the complaint handling policy, if they depart from the requirements of professional diligence;
Amendment 630 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
Amendment 642 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
Amendment 643 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point i
Article 5 – paragraph 1 – point i
Amendment 667 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 688 #
2008/0196(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Without prejudice to Articles 7(2), 13 and 42, the consequences of any breach of Article 5, shall be determined in accordance with the applicable national law. Member States shall provide in their national laws for effective and proportionate contract law remedies for any breach of Article 5.
Amendment 704 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
As regards distance or off-premises contracts, the trader shall provide the following information which shall form an integral part of the contract:
Amendment 717 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 721 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
Amendment 722 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
Amendment 726 #
2008/0196(COD)
Proposal for a directive
Article 9 – paragraph 1 – point f
Article 9 – paragraph 1 – point f
Amendment 732 #
2008/0196(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Amendment 742 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. With respect to off-premises contracts, the information provided for in Article 9 shall be given in the order formprovided in text form at the consumer’s request. It shall be drafted in plain, intelligible language and be legible. The order form shall include the standard withdrawal form set out in Annex I(B).
Amendment 746 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 761 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall not impose any formal pre-contractual requirements other than those provided for in paragraphs 1 and 2.
Amendment 767 #
2008/0196(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Formal pre-contractual requirements for distance contracts
Amendment 785 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If the trader makes a telephone call to the consumercontacts the consumer via a long-distance communication medium with a view to concluding a distance contract, he shall disclose his identity and the commercial purpose of the call at the beginning of theeach conversation with the consumer.
Amendment 821 #
2008/0196(COD)
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 to 4.
Amendment 897 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse any payment received from the consumerthe consumer for all costs for which he is entitled to a refund within thirty days from the day on which he receives the communication of withdrawal, with the exception of those sales contracts in which the trader, pursuant to Paragraph 1a and Article 17 is not required to make the reimbursement until he has received or collected the goods back.
Amendment 909 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. 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 days from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself. The consumer shall only be charged for the direct cost of returning the goods and for any delivery charges to which the consumer has agreed and which arise from the consumer's desire for non- standard delivery of the items, unless the trader has agreed to bear that cost.
Amendment 910 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 923 #
2008/0196(COD)
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 days from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself.
Amendment 927 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1 a (new)
Article 17 – paragraph 1 – subparagraph 1 a (new)
During the withdrawal period the consumer who may possibly wish to exercise his right to withdraw shall have a duty of care in respect of the good. In this case, the consumer should only handle or try it in the same manner as he would be allowed to do in a shop and only to the extent necessary to determine its nature, qualities and functioning.
Amendment 934 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b). For service contracts subject to a right of withdrawal, the consumer shall bear no cost for services performed, in full or in part, during the withdrawal periodfailure on his part to fulfil the obligations set out in Article 17(1a).
Amendment 941 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b). For service contracts subject to a right of withdrawal, the consumer shall bear nothe cost for services performed, in full or in part, during the withdrawal period.
Amendment 943 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. The consumer shall not be liable for any diminished value of the goods where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b).
Amendment 982 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point c – paragraph 1a (new)
Article 19 – paragraph 1 – point c – paragraph 1a (new)
1a. services tailored to the consumer's personalised requirements or wishes and requiring the entrepreneur to make individual arrangements which he can make no other use of;
Amendment 987 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
Amendment 1024 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 2 – point c a (new)
Article 19 – paragraph 2 – point c a (new)
(ca) The right of withdrawal shall not apply to distance and off-premises contracts which, in accordance with the provisions of the Member States, are certified by a public office holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;
Amendment 1026 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The parties may agree not to apply paragraphs 1 and 2.In respect of distance and off-premises contracts, the right of withdrawal shall not apply as regards the following: (a) contracts for the supply of foodstuffs, beverages or other goods intended for current consumption in the household, selected in advance by the consumer by means of distance communication and physically supplied to the consumer's home, residence or workplace by the trader who usually sells such goods on his own business premises; (b) the supply of goods which because of their nature cannot be resold, inter alia on grounds of hygiene or public health, which have been supplied in sealed, transparent packaging and whose packaging or seal has already been opened by the consumer after he or she has been previously informed that the goods may not be returned if the seal has been broken;
Amendment 1027 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. The parties may agree not to apply paragraphs 1, 2 and 3.
Amendment 1034 #
2008/0196(COD)
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 works relating torelating to the sale or acquisition of immovable property or to the formulation or transfer of immovable property rights or in connection with the sale of immovable property or with the formulation or transfer of immovable property rights. This shall also include agreements connected with such legal acts, especially contracts for purchases from a property developer or leasing contracts. This shall be without prejudice to the application of this Directive to contracts on immovable property rental only or on immovable property; works only;
Amendment 1040 #
2008/0196(COD)
Proposal for a directive
Article 20 – paragraph 1 – point d a (new)
Article 20 – paragraph 1 – point d a (new)
(da) relating to financial services.
Amendment 1057 #
2008/0196(COD)
Proposal for a directive
Chapter 4 – title
Chapter 4 – title
Amendment 1058 #
2008/0196(COD)
Proposal for a directive
Article 21
Article 21
Amendment 1082 #
2008/0196(COD)
Proposal for a directive
Article 22
Article 22
Amendment 1116 #
2008/0196(COD)
Proposal for a directive
Article 23
Article 23
Amendment 1136 #
2008/0196(COD)
Proposal for a directive
Article 24
Article 24
Amendment 1176 #
2008/0196(COD)
Proposal for a directive
Article 25
Article 25
Amendment 1183 #
2008/0196(COD)
Proposal for a directive
Article 26
Article 26
Amendment 1226 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point c b (new)
Article 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;
Amendment 1241 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 2 – indent 1 (new)
Article 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.
Amendment 1311 #
2008/0196(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 1319 #
2008/0196(COD)
Proposal for a directive
Article 28
Article 28
Amendment 1379 #
2008/0196(COD)
Proposal for a directive
Article 29
Article 29
Amendment 1414 #
2008/0196(COD)
Proposal for a directive
Chapter 5 – title
Chapter 5 – title
Amendment 1415 #
2008/0196(COD)
Proposal for a directive
Article 30
Article 30
Amendment 1435 #
2008/0196(COD)
Proposal for a directive
Article 31
Article 31
Amendment 1459 #
2008/0196(COD)
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.
Amendment 1464 #
2008/0196(COD)
Proposal for a directive
Article 32
Article 32
Amendment 1481 #
2008/0196(COD)
Proposal for a directive
Article 33
Article 33
Amendment 1486 #
2008/0196(COD)
Proposal for a directive
Article 34
Article 34
Amendment 1494 #
2008/0196(COD)
Proposal for a directive
Article 35
Article 35
Amendment 1502 #
2008/0196(COD)
Proposal for a directive
Article 36
Article 36
Amendment 1505 #
2008/0196(COD)
Proposal for a directive
Article 37
Article 37
Amendment 1508 #
2008/0196(COD)
Proposal for a directive
Article 38
Article 38
Amendment 1512 #
2008/0196(COD)
Proposal for a directive
Article 39
Article 39
Amendment 80 #
2008/0142(COD)
Proposal for a directive
Recital 27
Recital 27
(27) This Directive provides also for the right for a patient to receive any medicinal product authorised for marketing in the Member State where healthcare is provided in that Member State, even if the medicinal product is not authorised for marketing in the Member State of affiliation, as it is an indispensable part of obtaining this specific effective treatment for the patient in another Member State.
Amendment 98 #
2008/0142(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Where medicinal products are authorised within the patient's Member State in accordance with Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use and have been prescribed in another Member State for an individual named patient, it should be in principle possible for such prescriptions to be medically recognised medically or in pharmacies and used in the patient's own Member State. The removal of regulatory and administrative barriers to such recognition is without prejudice to the need for appropriate agreement of the patients' treating physician or pharmacist in every individual case, if this is warranted by protection of human health and is necessary and proportionate to that objective. Such medical recognition should also be without prejudice to the decision of the Member State of affiliation regarding the inclusion of such medicinal products within the benefits covered by the social security system of affiliation and without prejudice to the validity of national pricing and payment rules. The implementation of the principle of recognition will be facilitated by the adoption of measures necessary for safeguarding the safety of a patient, and avoiding the misuse or confusion of medicinal products.
Amendment 141 #
2008/0142(COD)
Proposal for a directive
Article 4 – point a
Article 4 – point a
(a) "healthcare" means a health service provids or products, in particular medical or pharmaceutical services and medicinal products or medical devices, provided by, prescribed by or under the supervision of a health professional in the exercise of his profession, and regardless of the ways in which it isthey are organised, delivered and financed at national level or whether it isthey are public or private;
Amendment 355 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. If a medicinal product is authorised to be marketed on their territory in accordance with Article 6(1) of Directive 2001/83/EC, Member States shall ensure that prescriptions issued for that medicinal product by an authorised person in another Member State for a named patient can be used in their territory and that any restrictions on recognition of individual prescriptions are prohibited unless they:
Amendment 358 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) are based on legitimate and justified doubts about the authenticity or content of an individual prescription or about the prescribing party's right to issue the prescription.
Amendment 360 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. The recognition of such a prescription shall not affect the application of: (i) national rules on the dispensing of medicinal products, including generic substitution, (ii) national rules on pricing and reimbursement, (iii) national professional rules under which a pharmacist would be entitled to refuse to dispense if the prescription had been issued in his own Member State.
Amendment 368 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – point b a (new)
Article 14 – paragraph 2 – point b a (new)
ba) measures to facilitate contact between the prescribing party and the dispensing party with a view to resolving uncertainties about prescription;
Amendment 370 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
Amendment 69 #
2008/0130(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) it shall have a business object.
Amendment 79 #
2008/0130(CNS)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall allow the formation of an SPE by any of the following methods: (a) the creation of a SPEThe formation of an SPE shall be possible: (a) in accordance with this Regulation; (b) through the transformation of an existing company; (c) the merger of existing companies; (d) the division of an existing company.
Amendment 85 #
2008/0130(CNS)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
An SPE shall not be under any obligation to have its central administration or principal place of business in the Member State in which it has its registered office.
Amendment 89 #
2008/0130(CNS)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The articles of association of a SPE shall be in writing andexist at least in written form and shall be signed by every founding shareholder.
Amendment 90 #
2008/0130(CNS)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The official requirements relating to the articles of association of an SPE shall be in writinggoverned by the applicable national law. The articles of association shall nevertheless exist at least in written form and be signed by every founding shareholder.
Amendment 91 #
2008/0130(CNS)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The official requirements relating to the articles of association of an SPE shall be in writing and signed by every founding shareholdergoverned by the applicable national law.
Amendment 94 #
2008/0130(CNS)
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) in relation to third parties, in accordance with the provisions of the applicable national law implementing paragraphs 5, 6 and 7 of Article 3 of Directive 68/151/EEC. The Member States may additionally make applicability as regards third parties dependent on a disclosure in accordance with Article 3(2) of Directive 68/151/EEC.
Amendment 97 #
2008/0130(CNS)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Application for registration shall be made by the founding shareholders of the SPE or by any person authorised by them. Such application may be made by electronic means in accordance with Directive 68/151/EEC.
Amendment 103 #
2008/0130(CNS)
Proposal for a regulation
Article 10 – paragraph 2 – point g a (new)
Article 10 – paragraph 2 – point g a (new)
(ga) the business object of the SPE;
Amendment 110 #
2008/0130(CNS)
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. Registration of the SPE mayshall be subject to onlyat least one of the following requirements:
Amendment 113 #
2008/0130(CNS)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The SPE shall submit any change in the particulars or documents referred to in points (a) to (g) of paragraph 2 to the register within 14 calendar days of the day on which the change takes place. After every amendment to the articles of association, the SPE shall submit its complete text to the register as amended to date. Paragraph 1 and paragraph 4 shall apply mutatis mutandis. Any amendment shall be published in accordance with Article 3(2) of Directive 68/151/EEC.
Amendment 116 #
2008/0130(CNS)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. The Member States may, in addition to providing for shares to be recorded in the list of shareholders, provide for the shares to be published in a public register.
Amendment 121 #
2008/0130(CNS)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. In the case of Article 14(5), paragraphs 1 and 2 of this article shall apply mutatis mutandis to publication in the public register.
Amendment 122 #
2008/0130(CNS)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. The Member States may, in accordance with the provisions of national law, in addition to the requirements set out in paragraph 3, provide for shares to be published in a public register and shall ensure that third parties may inspect the list and obtain copies thereof provided they can credibly demonstrate a justifiable interest.
Amendment 126 #
2008/0130(CNS)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. All agreements on the transfer of shares shall be at least in written form. The Member States may make their validity conditional on official verification of lawfulness of the act of transfer by an administrative or judicial body or on public authentication.
Amendment 128 #
2008/0130(CNS)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. On notification of a transfer, the management body shall, without undue delay, enter the shareholder in the list referred to in Article 15, provided that the transfer has been executed in accordance with this Regulation and the articles of association of the SPE and the shareholder submits reasonable evidence as to his lawful ownership of the share. In the case of Article 14(4a), the management body shall make the request for publication on the register without undue delay.
Amendment 131 #
2008/0130(CNS)
Proposal for a regulation
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
(b) in relation to third parties, on the day the shareholder is entered in the list referred to in Article 15 or the third party’s status as shareholder is published in the register referred to in Article 14(4a).
Amendment 152 #
2008/0130(CNS)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
2. If the articles of association so require, tThe management body of the SPE, in addition to complying with paragraph 1, shall sign a statement, hereinafter a 'solvency certificate', before a distribution is made, certifying that the SPE will be able to pay its debts as they become due in the normal course of business within one year of the date of the distribution. Shareholders shall be provided with the solvency certificate before the resolution on the distribution referred to in Article 27 is taken.
Amendment 164 #
2008/0130(CNS)
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. The appointment, termination of office and particulars of the members of the management body who are authorised to represent the company in dealings with third parties and in legal proceedings shall be disclosed by entry in the register referred to in Article 9(1).
Amendment 93 #
2008/0098(COD)
Proposal for a regulation
Article 2 – Point 5
Article 2 – Point 5
5. "‘making available on the market"’ means any supply of a construction product for distribution or use on the Community market in the course of a commercial activity, whether in return for payment or free of charge; . This excludes: (a) any product which users transform on site for their own use in the context of their professional activity; (b) any product users manufacture on or off site and which are incorporated into a work without being placed back on the market;
Amendment 161 #
2008/0098(COD)
Proposal for a regulation
Article 6 – Paragraph 3
Article 6 – Paragraph 3
Amendment 188 #
2008/0098(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 6 #
2008/0051(CNS)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. For the purposes of paragraph 1, an irregularity shall mean a situation in which the movement has not ended inMember States may also provide for excise duty to become chargeable in the Member State of consumption in respect of the acquisition of mineral oils already released for consumption in another Member State if those goods have been moved atypically by or for private individuals. Atypical movement may be considered to denote the movement of fuel in containers other than the vehicle tank or a suitable spare fuel container or the movement of liquid heating fuels by means other than tankers being used for ac cordance with Article 19(2). mmercial entrepreneur.
Amendment 7 #
2008/0051(CNS)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States may exempt from payment of excise duty excise goods supplied by tax-free shops which are carried away in the personal luggage of travellers taking a flight or sea-crossing to a third territory or to a third country.
Amendment 8 #
2008/0051(CNS)
Proposal for a directive
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) ‘tax-free shop’ means any establishment situated within an airport or port or on the border of a third country or third territory which fulfils the conditions laid down by the competent public authorities, pursuant in particular to paragraph 3;
Amendment 9 #
2008/0051(CNS)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
As regards excise goods other than manufactured tobacco acquired by private individuals, the first subparagraph shall also apply in cases where the goods are transported on their behalf.
Amendment 10 #
2008/0051(CNS)
Proposal for a directive
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
Amendment 7 #
2007/2189(INI)
Draft opinion
Paragraph 3 – indent 5 a (new)
Paragraph 3 – indent 5 a (new)
-having regard to the widespread debates about so-called representative actions, extensive research and studies are still needed on this subject, there are doubts about the legislative competence of the EU and procedures similar to those which exist in the US should be rejected;
Amendment 37 #
2007/0113(COD)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should be without prejudice to national rules relating to sale and registration of immovable or movable property, conditions of establishment or authorisation regimes or licensing requirements, determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.
Amendment 38 #
2007/0113(COD)
Proposal for a directive
Article 1 – Paragraph 1 – Sub-paragraph 3
Article 1 – Paragraph 1 – Sub-paragraph 3
This Directive is without prejudice either to national legislation providing for general contract law remedies enabling the consumer to terminate the contractor to national rules on the sale and registration of moveable and immoveable property, on conditions of establishment and authorisation, and on the determination of the legal nature of the rights to which contracts falling within the scope of this regulation relate.
Amendment 39 #
2007/0113(COD)
Proposal for a directive
Article 1 – Paragraph 2 – Point d a (new)
Article 1 – Paragraph 2 – Point d a (new)
da) the conclusion of the contract
Amendment 40 #
2007/0113(COD)
Proposal for a directive
Article 4 – Paragraph 1
Article 4 – Paragraph 1
1. Member States shall ensure that the contract is at least in writing and drawn up in one of the official languages of the Community, as chosen by the consumer.
Amendment 41 #
2007/0113(COD)
Proposal for a directive
Article 5 – Paragraph 6 a (new)
Article 5 – Paragraph 6 a (new)
6a). The Member States may determine that the right of withdrawal shall not apply to declarations by consumers using the services of an official, provided that the official confirms that the consumer is guaranteed the rights under Article 3(2).
Amendment 95 #
2007/0113(COD)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should be without prejudice to national rules relating to sale and registration of immovable or movable property, conditions of establishment or authorisation regimes or licensing requirements, determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.
Amendment 113 #
2007/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 3
Article 1 – paragraph 1 – subparagraph 3
This Directive is without prejudice to national legislation providing for general contract law remedies enabling the consumer to terminate the contract, and national rules relating to sale and registration of movable or immovable property, conditions of establishment or authorisation regimes and determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.
Amendment 117 #
2007/0113(COD)
Proposal for a directive
Article 1 – paragraph 2 – point (c a) (new)
Article 1 – paragraph 2 – point (c a) (new)
(ca) the conclusion of contracts.
Amendment 120 #
2007/0113(COD)
Proposal for a directive
Article 2 – paragraph 1 – point (a)
Article 2 – paragraph 1 – point (a)
(a) 'timeshare' means a contract of a duration of more than one year by which a consumer acquires against consideration the right to use one or more accommodation for more threcurrently and one period of occupation a regular basis;
Amendment 150 #
2007/0113(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that the contract is at least in writing and drawn up in one of the official languages of the Community, as chosen by the consumer.
Amendment 189 #
2007/0113(COD)
Proposal for a directive
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. Member States may provide that the right of withdrawal shall not apply to declarations by consumers using the services of an official, provided that the official confirms that the consumer is guaranteed the rights under Article 3(2).