Activities of Diana WALLIS related to 2008/0196(COD)
Plenary speeches (3)
Consumer rights (final vote) (A7-0038/2011 - Andreas Schwab)
Consumer rights (final vote) (A7-0038/2011 - Andreas Schwab)
Consumer rights (debate)
Legal basis opinions (0)
Amendments (10)
Amendment 102 #
Proposal for a directive
Recital 8
Recital 8
(8) Full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business. Both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certainthe harmonisation of certain specific aspects of business-to- consumer contracts across the CommunityUnion. The effect will be to eliminate theimportant barriers stemming from the fragmentation of the rules and to completadvance the internal market in this area. These barriers can only be eliminated by establishing uniform rules at CommunityUnion level. Furthermore consumers will enjoy a higher common level of protection across the CommunityUnion.
Amendment 113 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to guarantee a high level of consumer protection in relation to information requirements for distance and off-premises contracts, Member States should be able introduce stricter requirements than those set out by this Directive for cases where there is a demonstrable risk to consumers' heath and safety.
Amendment 129 #
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) A single, common concept of conformity which provides a high level of consumer protection will provide businesses and consumers with greater legal certainty and reduce barriers to trade. The issues of liability and consequent remedies should, however, remain a matter for the national law of individual Member States.
Amendment 173 #
Proposal for a directive
Article 4
Article 4
1. Except where provided for in paragraph 2, Member States may adopt or maintain in force more stringent provisions, in the field covered by this Directive, in order to ensure a higher level of consumer protection. Member States shall ensure that such provisions are compatible with the Treaties. 2. Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this DirectiveArticles 9(1) to (1a), 12 to 17, 24 (1) to 24 (2), including more or less stringent provisions to ensure a different level of consumer protection.
Amendment 201 #
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, save those breaches of a de minimis, technical nature where the effects of the breach under the applicable national law would be disproportionate to the harm actually incurred. Member States shall provide in their national laws for effective contract law remedies for any breach of Article 5.
Amendment 206 #
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Member States shall not impose any formal requirements other than those provided for in paragraphs 1 to 1(a) unless the goods may present a particular risk to the health and safety of the consumer or a third person.
Amendment 228 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. In the case of an off-premises contract, the withdrawal period shall begin from the day when the consumer signs the order form or in cases where the order form is not on paper, when the consumer receives a copy of the order form on another durable medium. In the case of a distancThe withdrawal period ends fourteen days after the latest of the following times; (a) the time of conclusion of the contract; (b )the time when the consumer receives from the business adequate information on the right to withdraw; or (c) if the subject matter of the contract foris the saledelivery of goods, the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each of the goods ordered. In the case of a distance contract for the provision of services, the withdrawal period shall begin from the day of the conclusion of the contract. time when the goods are received; (d) in the case of an off-premises contract for the provision of services, the time when the consumer receives a copy of the signed contract document on a durable medium; (e) if the subject matter of the contract is both the delivery of goods and the provision of services, the time when the latest event takes place.
Amendment 302 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The traderbusiness shall deliver the goods in conformity with the saleswhich are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract.
Amendment 303 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Delivered goodExcept where the parties shall be presumed to be inve agreed otherwise, the goods do not conformity with the contract if they satisfy the following conditions: (a) they comply with the description given by the trader and unless they: (a) are fit for the purpossess the qualities of the goods which the trader has presented to the consumer as a sample or model for which goods of the same description would ordinarily be used; (b) they are fit for any particular purpose for which the consumer requires them and which heexpressly or impliedly made known to the tradseller at the time of the conclusion of the contract and which the trader has accepted; (c) they are fit for the purposes, except where the circumstances show that the buyer did not rely, or that it was unreasonable for which goodsm to rely, ofn the same type are normally used oreller's skill and judgement; (dc) they showpossess the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into acies of goods which the seller has held out to the buyer as a sample or model; (d) are count any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labellingained or packaged in the manner usual for such goods or, where there is no such manner, in a manner adequate to preserve and protect the goods.
Amendment 379 #
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 in a distance or off-premises contract are expressed or made available to the consumer., unless: (a) the goods may present a particular risk to the health and safety of the consumer or a third person; (b) Member States have demonstrated, with the support of an investigation or a study, that there is considerable consumer detriment, or a failure of competition, in that specific sector;