Activities of Kurt LECHNER related to 2008/0196(COD)
Plenary speeches (1)
Consumer rights (debate)
Legal basis opinions (0)
Amendments (75)
Amendment 256 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 –point b
Article 2 – paragraph 1 – point 8 –point b
Amendment 498 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
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 #
Proposal for a directive
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
Amendment 642 #
Proposal for a directive
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
Amendment 643 #
Proposal for a directive
Article 5 – paragraph 1 – point i
Article 5 – paragraph 1 – point i
Amendment 667 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 688 #
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 #
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 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 721 #
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
Amendment 722 #
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
Amendment 726 #
Proposal for a directive
Article 9 – paragraph 1 – point f
Article 9 – paragraph 1 – point f
Amendment 732 #
Proposal for a directive
Article 10 – title
Article 10 – title
Amendment 742 #
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 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 761 #
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 #
Proposal for a directive
Article 11 – title
Article 11 – title
Formal pre-contractual requirements for distance contracts
Amendment 785 #
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 #
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 #
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 #
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 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 923 #
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 #
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 #
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 #
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 #
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 #
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 #
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
Amendment 1024 #
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 #
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 #
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 #
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 #
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 #
Proposal for a directive
Chapter 4 – title
Chapter 4 – title
Amendment 1058 #
Proposal for a directive
Article 21
Article 21
Amendment 1082 #
Proposal for a directive
Article 22
Article 22
Amendment 1116 #
Proposal for a directive
Article 23
Article 23
Amendment 1136 #
Proposal for a directive
Article 24
Article 24
Amendment 1176 #
Proposal for a directive
Article 25
Article 25
Amendment 1183 #
Proposal for a directive
Article 26
Article 26
Amendment 1226 #
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 #
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 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 1319 #
Proposal for a directive
Article 28
Article 28
Amendment 1379 #
Proposal for a directive
Article 29
Article 29
Amendment 1414 #
Proposal for a directive
Chapter 5 – title
Chapter 5 – title
Amendment 1415 #
Proposal for a directive
Article 30
Article 30
Amendment 1435 #
Proposal for a directive
Article 31
Article 31
Amendment 1459 #
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 #
Proposal for a directive
Article 32
Article 32
Amendment 1481 #
Proposal for a directive
Article 33
Article 33
Amendment 1486 #
Proposal for a directive
Article 34
Article 34
Amendment 1494 #
Proposal for a directive
Article 35
Article 35
Amendment 1502 #
Proposal for a directive
Article 36
Article 36
Amendment 1505 #
Proposal for a directive
Article 37
Article 37
Amendment 1508 #
Proposal for a directive
Article 38
Article 38
Amendment 1512 #
Proposal for a directive
Article 39
Article 39