2 Amendments of Thierry CORNILLET related to 2018/0063(COD)
Amendment 241 #
Proposal for a directive
Recital 18
Recital 18
(18) The importance placed by the Union legislature on the protection provided for consumers in Directive 2014/17/EU of the European Parliament and of the Council 29 , Directive 2008/48/EC of the European Parliament and of the Council 30 and Council Directive 93/13/EEC 31 means that the assignment of the creditor's rights under a credit agreement or of the agreement itself to a credit purchaser should not affect the level of protection granted by Union law to consumers in any way. Credit purchasers and credit servicers should therefore comply with Unionapplicable Union and national law as applicable to the initial credit agreement and the consumborrower should retain the same level of protection as provided under Unionapplicable Union and national law or as determined by Union or national conflict of law rules regardless of the law applicable to the credit purchaser or credit servicer. Also, the Directive does not affect the restrictions in the national law with regard to the transfer of non-performing credit agreements that are not past due or are less than 90 days past due and the assignment of creditors’ rights under such non-performing credit agreements. This way, there will be Member States where, taking into account the national rules, the acquisition of non-performing credit agreements that are not past due or are less than 90 days past due by non- regulated creditors will remain limited. It is open to Member States to regulate the transfer of performing credit agreements, including by imposing requirements equivalent to those under this Directive. _________________ 29Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 30Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 60/34, 22.5.2008, p. 66). 31Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 276 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. This Directive shall not affect the restrictions in the Member States national laws regarding the transfer of creditor’s rights under a non-performing credit agreement that is not past due or is less than 90 days past due, or the transfer of such a non-performing credit agreement.