BETA

94 Amendments of Konstantinos POUPAKIS related to 2008/0196(COD)

Amendment 297 #
Proposal for a directive
Recital 17
(17) CThe consumers should be entitled to recegiven comprehensive information before the conclusion of the contract. However traders should not have to provide the information when already apparent from the context. For example in an on-premises transaction, the main characteristics of a product, the identity of the trader and the arrangements for delivery may be apparent from the context. In distance andis committed to a distance contract, an off- premises transactions, the trader should always provide the information on arrangements for payment, delivery, performance and the complaint handling policy, since these might not be apparent from the contextcontract or a corresponding contract offer.
2010/10/25
Committee: IMCO
Amendment 301 #
Proposal for a directive
Recital 17
(17) Consumers should be entitled to receive information before the conclusion of the contract in a language they understand. However traders should not have to provide the information when already apparent from the context, but should be required to draw the attention of consumers to such information and answer any queries or provide explanations. For example in an on- premises transaction, the main characteristics of a product, the identity of the trader and the arrangements for delivery may be apparent from the context. In distance and off-premises transactions, the trader should always provide the information on arrangements for payment, delivery, performance and the complaint handling policy, since these might not be apparent from the context.
2010/10/25
Committee: IMCO
Amendment 305 #
Proposal for a directive
Recital 21
(21) In the case of distance contracts, the information requirements should be adapted to take into account the technical constraints of certain media, such as the restrictions of the number of characters on certain mobile telephone screens or the time constraint on television sales spots. In this case the trader should comply with a minimum set of information requirements and refer the consumer to another source of information, for instance by providing a toll free telephone number or a hypertext link to a webpage of the trader where the relevant information is directly available and, easily accessible, clear and in a language which the consumer understands.
2010/10/25
Committee: IMCO
Amendment 313 #
Proposal for a directive
Recital 25
(25) The rules on distance contracts should be without prejudice to the provisions on the conclusion of e-contracts and the placing of e-orders as set out by Articles 9 and 11 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), and in any case consumers should not be bound by the contract unless he or she has received all the information set out in Article 5 of this directive.
2010/10/25
Committee: IMCO
Amendment 315 #
Proposal for a directive
Recital 27
(27) If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off- premises contract, the withdrawal period should be extended. However, in order to ensure legal certainty over time, a three- monthone-year limitation period should be introduced, provided that the trader has fully performed his contractual obligations. The trader should be regarded as having fully performed his obligations when he has delivered the goods or has fully provided the services ordered by the consumer.
2010/10/25
Committee: IMCO
Amendment 335 #
Proposal for a directive
Recital 37 a (new)
(37a) Where the trader has failed to fulfil his obligations to deliver, the consumer should call upon him, on a durable medium, to make the delivery within no less than seven days and notify him of his intention to withdraw from the contract if delivery does not take place. The consumer may release himself from the contract if no action has been taken when this deadline expires. Without prejudice to his rights to damages, the consumer should be entitled to a refund within seven days of withdrawal if payment has already been made. It should be possible for Member States to adopt or maintain provisions of national law on other remedies in the event of non-delivery by the time limit set by the consumer, in order to ensure a higher level of protection for the consumer.
2010/10/25
Committee: IMCO
Amendment 346 #
Proposal for a directive
Recital 40
(40) If the good is not in conformity with the contract, firstly, the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader's choice unless the trader proves that those remedies are unlawful, impossible or causes the trader disproportionate effort. The trader's effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity, the value of the goods and the significance of the lack of conformity. The lack of spare parts should not be a valid ground to justify the trader's failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort.
2010/10/25
Committee: IMCO
Amendment 365 #
Proposal for a directive
Recital 44
(44) Some traders or producers offer consumers commercial guarantees. In order to ensure that consumers are not misled, the commercial guarantees should include certain information, including their duration, territorial scope and a statement that the commercial guarantee does not affect the consumer's legal rights. This information should be provided in a language which the consumer understands.
2010/10/25
Committee: IMCO
Amendment 373 #
Proposal for a directive
Recital 47
(47) Consumer contracts should be drafted in plain, intelligible language and be legible, be legible and at all events be available at least in the language of the consumer. Traders should be free to choose the font type or size in which the contract terms are drafted, providing they meet the above conditions and comply with any requirements of Member States. Furthermore, terms of contracts should also appear prominently in the contract and be available in the language in which the contract has been drawn up. Member States may maintain or introduce in their national law additional requirements concerning better presentation of the terms. The consumer should be given an opportunity to read the terms before concluding the contract. This opportunity could be given to the consumer by providing him with the terms on request (for on-premises contracts) or making those terms otherwise available (e.g. on the trader's website in respect of distance contracts) or attaching standard terms to the order form (in respect of off-premises contracts). The trader should seek the consumer's express consent to any payment in addition to the remuneration for the trader's main contractual obligation. Inferring consent by using opt-out systems, such as pre-ticked boxes online should be prohibited.
2010/10/25
Committee: IMCO
Amendment 382 #
Proposal for a directive
Recital 52
(52) In particular, the Commission should be empowered to amend Annexes II and III on contract terms to be considered or presumed unfair. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.deleted
2010/10/25
Committee: IMCO
Amendment 386 #
Proposal for a directive
Recital 53
(53) The Commission's power to amend Annexes II and III should be used to ensure consistent implementation of the rules on unfair terms by supplementing those Annexes with contractual terms, which should be considered unfair in all circumstances or which should be deemed unfair unless the trader has proved otherwise.deleted
2010/10/25
Committee: IMCO
Amendment 388 #
Proposal for a directive
Recital 55
(55) The Member States should ensure that their courts or administrative authorities have at their disposal adequate and effective means of preventing the continued application of unfair terms in consumer contracts.
2010/10/25
Committee: IMCO
Amendment 391 #
Proposal for a directive
Recital 57
(57) Persons or organisations regarded under national law as having a legitimate interest in protecting consumer contractual rights should be able to initiate collective protection proceedings and afforded legal remedies for initiating proceedings, either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings.
2010/10/25
Committee: IMCO
Amendment 394 #
Proposal for a directive
Recital 60
(60) The European Commission will look into the most appropriate way to ensure that all consumers are made aware of their rights at the point of sale and in so far as possible elsewhere.
2010/10/25
Committee: IMCO
Amendment 395 #
Proposal for a directive
Recital 63
(63) It is appropriate to review this Directive if consumer protection problems and some barriers to the internal market were identified. The review could lead to a Commission proposal to amend this Directive, which may include amendments to other consumer protection legislation reflecting the Commission's Consumer Policy Strategy commitment to review the acquis in order to achieve a high, common level of consumer protection.
2010/10/25
Committee: IMCO
Amendment 396 #
Proposal for a directive
Recital 65
(65) Since the objectives of this Directive cannot be sufficiently achieved only by the Member States and can therefore in some circumstances be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to eliminate the internal market barriers and achieve a high common level of consumer protection.
2010/10/25
Committee: IMCO
Amendment 406 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
1) 'consumer' means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft oor legal person for whom the products or services offered on the market are intended or who uses such products or services in so far as he or she is the final recipient. ‘Consumer’ also means any recipient of the advertising message. Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Article, including more or less stringent provisions intended to ensure a different level of consumer professtection;.
2010/10/25
Committee: IMCO
Amendment 422 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
(3) 'sales contract' means any contract for the sale of goods by the trader to the consumer including any mixed-purpose contract having as its object both goods and serviceswhereby a trader grants ownership of goods to a consumer in accordance with the applicable national law, or undertakes to grant such ownership, and whereby the consumer undertakes to pay the price. Contracts for the supply of goods to be manufactured or produced shall also be defined as sales contracts for the purposes of this Directive;
2010/10/25
Committee: IMCO
Amendment 587 #
Proposal for a directive
Article 5 – paragraph 1 – point c
c) the price inclusive of taxes, or where the nature of the productgood or service means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges and any other cost or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;
2010/10/25
Committee: IMCO
Amendment 678 #
Proposal for a directive
Article 5 – paragraph 3 e (new)
3e. Article 5 is without prejudice to Directive 2000/31/EC of the European Parliament and of the Council.
2010/10/25
Committee: IMCO
Amendment 695 #
Proposal for a directive
Article 7 – paragraph 1
1. Prior to the conclusion of the contract, the intermediary shall disclose to the consumer, that he is acting in the name of or on behalf of another consumer and that the contract concluded, shall not be regarded as a contract between the consumer and the trader but rather as a contract between two consumers and as suchit shall be made clear to the consumer that as such the contract fallings outside the scope of this Directive and that the consumer therefore does not enjoy the protection afforded under the provisions thereof.
2010/10/25
Committee: IMCO
Amendment 731 #
Proposal for a directive
Article 10 – title
Formal requirements forpreliminary contract requirements regarding fulfilment of obligations concerning the provision of information in off-premises contracts.
2010/10/25
Committee: IMCO
Amendment 735 #
Proposal for a directive
Article 10 – paragraph 1
1. With respect to off-premises contracts, the information provided for in Article 9 shall be given in the order form in plain and intelligible language, including the language of the consumer, and be legible. The order form shall include the standard withdrawal form set out in Annex I(B).
2010/10/25
Committee: IMCO
Amendment 750 #
Proposal for a directive
Article 10 – paragraph 2
2. An off-premises contract shall only be valid if the consumer signs an order form received by him prior to completion of the contract and in cases where the order form is not on paper, receives a copy of the order form on another durable medium.
2010/10/25
Committee: IMCO
Amendment 766 #
Proposal for a directive
Article 11 – title
Formal preliminary contract requirements for distance contracts
2010/10/25
Committee: IMCO
Amendment 772 #
Proposal for a directive
Article 11 – paragraph 1
1. With respect to distance contracts, the information provided for in Article 9(a) shall be given or made available to the consumer prior toin time for the conclusion of the contract, in plain and intelligible languagebefore the consumer is bound by the distance contract or offer. The information shall be provided in plain and intelligible language, including the language of the consumer, and be legible and clear, in a way appropriate to the means of distance communication used.
2010/10/25
Committee: IMCO
Amendment 780 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
1a. Online contracts requiring the consumer to make payment shall only be binding on the consumer following express confirmation of the information provided for under Article 5(1)(c).
2010/10/25
Committee: IMCO
Amendment 781 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
1a. If a distance contract for services concluded on the internet places the consumer under an obligation to make a payment, the consumer shall only be bound by the contract if the trader has (a) made the consumer aware in a clear and highly visible manner of the total price, including all related price components, and (b) designed his website in such a way that a binding order cannot be placed until the consumer has confirmed that he has read and understood the statement required under letter (a).
2010/10/25
Committee: IMCO
Amendment 827 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
1a. Save as otherwise provided, the withdrawal period shall begin from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract.
2010/10/25
Committee: IMCO
Amendment 869 #
Proposal for a directive
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b5(1)(e), 10(1) and 11(4), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligationsone year from the day determined in Article 12(1a) and (2).
2010/10/25
Committee: IMCO
Amendment 902 #
Proposal for a directive
Article 16 – paragraph 1
1. The trader shall reimburse anyll payments received from the consumer within thirtyout delay and at the latest fourteen days from the day on which he receives the communication of withdrawal. .
2010/10/25
Committee: IMCO
Amendment 955 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
1. In respect of distance contracts, and off- premises contracts, the consumer shall not enjoy the right of withdrawal shall not applyfrom the contract as regards the following:
2010/10/25
Committee: IMCO
Amendment 965 #
Proposal for a directive
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 day period referred to in Article 12;deleted
2010/10/25
Committee: IMCO
Amendment 973 #
Proposal for a directive
Article 19 – paragraph 1 – point c
(c) the supply of goods made to the consumer's specifications or clearly personalized or which are liable to deteriorate or expire rapidly;
2010/10/25
Committee: IMCO
Amendment 975 #
Proposal for a directive
Article 19 – paragraph 1 – point c a (new)
(ca) the supply of goods which are liable to deteriorate or expire rapidly;
2010/10/25
Committee: IMCO
Amendment 994 #
Proposal for a directive
Article 19 – paragraph 1 – point e
(e) the supply of sealed audio or video recordings or computer software which were unsealed by the consumer unless, on unsealing the goods, the consumer ascertains non-conformity under the provisions of Article 17(2);
2010/10/25
Committee: IMCO
Amendment 1011 #
Proposal for a directive
Article 19 – paragraph 1 – point h
(h) contracts concluded at an public auction.
2010/10/25
Committee: IMCO
Amendment 1074 #
Proposal for a directive
Article 21 – paragraph 3
3. This Chapter shall not apply to the spare parts replaced by the trader when he has remedied the lack of conformity of the goods by repair under Article 26.deleted
2010/10/25
Committee: IMCO
Amendment 1080 #
Proposal for a directive
Article 21 a (new)
Article 21a With regard to Articles 21 to 29, unless otherwise stated in this Directive, Member States may enact or maintain in force more stringent provisions, in accordance with the Treaty, in the area covered by this Directive, so as to ensure a higher level of protection for consumers.
2010/10/25
Committee: IMCO
Amendment 1088 #
Proposal for a directive
Article 22 – paragraph 1
» 1. Unless the parties have agreed otherwise, the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer, immediately after the conclusion of the contract and in any case within a maximum of thirty days from the day of the conclusion of the contract. In case of agreement on the day of delivery, the consumer may choose the day of delivery which shall not exceed a period of thirty days from the day of the conclusion of the contract.
2010/10/25
Committee: IMCO
Amendment 1101 #
Proposal for a directive
Article 22 – paragraph 2
2. Where the trader has failed to fulfil his obligations to deliver, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1. on time as provided for in paragraph 1 and where responsibility for this clearly lies with the trader, the consumer shall be entitled under national law to rescind the contract and seek a refund of any sums paid within a reasonable period of time and in no case later than seven days from the date on which the trader was informed of the consumer's decision to rescind the contract.+
2010/10/25
Committee: IMCO
Amendment 1163 #
Proposal for a directive
Article 24 – paragraph 3
3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware, or should reasonably have been aware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.
2010/10/25
Committee: IMCO
Amendment 1190 #
Proposal for a directive
Article 26 – paragraph 1 – introductory part
1. As provided forIn accordance with the conditions laid down in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to: Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
2010/10/25
Committee: IMCO
Amendment 1203 #
Proposal for a directive
Article 26 – paragraph 1 – point a
a) have the lack of conformity remedied by repair or replacement, , Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
2010/10/25
Committee: IMCO
Amendment 1209 #
Proposal for a directive
Article 26 – paragraph 1 – point aa (new)
αα) have the lack of conformity remedied by replacement, Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
2010/10/25
Committee: IMCO
Amendment 1238 #
Proposal for a directive
Article 26 – paragraph 2
2. The trader shall remedy the lack of conformity by either repair or replacement according to his choice. the consumer's choice. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
2010/10/25
Committee: IMCO
Amendment 1317 #
Proposal for a directive
Article 27 – paragraph 2
2. Without prejudice to the provisions of this Chapter, the consumer may claim damages in accordance with national legislation for any loss not remedied in accordance with Article 26.
2010/10/25
Committee: IMCO
Amendment 1326 #
Proposal for a directive
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within twohree years as from the time the risk passed to the consumer.
2010/10/25
Committee: IMCO
Amendment 1340 #
Proposal for a directive
Article 28 – paragraph 2
2. When the tradconsumer has remediedobjective difficulties in identifying the lack of conformity byand it is replacement, heted to the purpose for which goods of the same type are normally used, as provided in Article 24, paragraph 2(c), the trader shall be held liable under Article 25 where the lack of conformity becomes apparent within twoen years as from the time the consumer or a third party indicatrisk passed byto the consumer has acquired the material possession of the replaced goods.
2010/10/25
Committee: IMCO
Amendment 1351 #
Proposal for a directive
Article 28 – paragraph 3
3. In the case of second-hand goods, the trader and the consumer may agree on a shorter liability period, which may not be less than one year from the time the risk passed to the consumer.
2010/10/25
Committee: IMCO
Amendment 1367 #
Proposal for a directive
Article 28 – paragraph 5
5. Unless proved otherwise, any lack of conformity which becomes apparent within six monthsone year of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.
2010/10/25
Committee: IMCO
Amendment 1383 #
Proposal for a directive
Article 29 – paragraph 1
1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. The trader shall provide the consumer with a guarantee statement in writing or by any other technical means of reproduction which may be available and accessible to the consumer. In the absence of the guarantee statement, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.
2010/10/25
Committee: IMCO
Amendment 1384 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 (new)
The guarantee shall be in accordance with the rules of good faith and shall not be subject to unreasonable exemption clauses.
2010/10/25
Committee: IMCO
Amendment 1385 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 2 (new)
The duration of the guarantee shall be reasonable in relation to the probable life of the product. With particular regard to hi-tech products, the duration of the guarantee shall be reasonable in relation to the time it is expected that they will remain up-to-date from a technological point of view, if that period of time is shorter than their probable life.
2010/10/25
Committee: IMCO
Amendment 1386 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 3 (new)
Where new, long-life products (consumer durables) are supplied, the provision of a written guarantee shall be mandatory.
2010/10/25
Committee: IMCO
Amendment 1391 #
Proposal for a directive
Article 29 – paragraph 2 – introductory part
2. The guarantee statement shall be drafted in plain intelligible language and in any case at least in the official languages of the EU and be legible. It shall include the following:
2010/10/25
Committee: IMCO
Amendment 1395 #
Proposal for a directive
Article 29 – paragraph 2 – point a
a) legal rights of the consumer, as provided for in Articles 26 and 28, and by any additional provisions of current national legislation, and a clear statement that those rights are not affected by the commercial guarantee,
2010/10/25
Committee: IMCO
Amendment 1397 #
Proposal for a directive
Article 29 – paragraph 2 – point c
γ) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable, that the commercial guarantee cannot be transferred to a subsequent buyer.deleted
2010/10/25
Committee: IMCO
Amendment 1403 #
Proposal for a directive
Article 29 – paragraph 2 a (new)
2α. The guarantee shall also cover the goods with which the lack of conformity was remedied. Or.el (paragraph 2 (new))
2010/10/25
Committee: IMCO
Amendment 1434 #
Proposal for a directive
Article 30 a (new)
In relation to Articles 30-39, except where otherwise provided in this directive, Member States may adopt or retain in force more stringent provisions, which are consistent with the Treaty in the area governed by this directive, in order to ensure a higher level of consumer protection.
2010/10/25
Committee: IMCO
Amendment 1445 #
Proposal for a directive
Article 31 – paragraph 2
2. Contract terms shall be made available to the consumer at a time and in a manner which gives him a real opportunity of becoming acquainted with them before the conclusion of the contract, with due regard to the circumstances and the means of communication used.
2010/10/25
Committee: IMCO
Amendment 1473 #
Proposal for a directive
Article 32 – paragraph 2
2. Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring, before, at the time of and after the conclusion of the contract, to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent. When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with Article 31.
2010/10/25
Committee: IMCO
Amendment 1506 #
Proposal for a directive
Article 37 – paragraph 1
Contract terms, which are unfair and are not compatible with the transparency requirements laid down in Article 31, paragraphs 1 and 2, of the present directive, shall not be binding on the consumer. The contract shall continue to bind the parties if it can remain in force without the unfair and non-transparent terms.
2010/10/25
Committee: IMCO
Amendment 1513 #
Proposal for a directive
Article 39
Review of the terms in Annexes 2 and 3 1. Member States shall notify to the Commission the terms which have been found unfair by the competent national authorities and which they deem to be relevant for the purpose of amending this Directive as provided for by paragraph 2. 2. In the light of the notifications received under paragraph 1, the Commission shall amend Annex II and III. Those measures designed to amend non essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).deleted
2010/10/25
Committee: IMCO
Amendment 1528 #
Proposal for a directive
Article 44 – paragraph 1
Member States and the Commission shall take appropriate measures to inform consumers of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes of conduct.
2010/10/25
Committee: IMCO
Amendment 1551 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint a (new)
(a) excluding or limiting the legal rights of the consumer vis-à-vis the trader or another party in the event of total or partial non-performance or inadequate performance by the trader of any of the contractual obligations, including the rights of the consumer to offset a debt owed to the trader against a claim which the consumer may have against him; Or.el (moved from Annex III 1 (a))
2010/10/25
Committee: IMCO
Amendment 1552 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint b (new)
b) allowing the trader to retain a payment by the consumer where the latter fails to conclude or perform the contract, without giving the consumer the right to be compensated of the same amount if the trader fails to conclude or perform the contract; Or.el (moved from Annex III 1 (b))
2010/10/25
Committee: IMCO
Amendment 1553 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint c (new)
c) requiring any consumer who fails to fulfil his obligation to pay damages which significantly exceed the harm suffered by the trader; Or.el (moved from Annex III 1(c))
2010/10/25
Committee: IMCO
Amendment 1554 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint d (new)
d) allowing the trader to terminate the contract at will where the same right is not granted to the consumer; Or.el (moved from Annex III 1 (d))
2010/10/25
Committee: IMCO
Amendment 1555 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint e (new)
e) enabling the trader to terminate an open-ended contract without reasonable notice except where the consumer has committed a serious breach of contract; Or.el (moved from Annex III 1 (e))
2010/10/25
Committee: IMCO
Amendment 1556 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint f (new)
f) automatically renewing a fixed-term contract where the consumer does not indicate otherwise and has to give a long notice to terminate the contract at the end of each renewal period; Or.el (moved from Annex III 1 (f))
2010/10/25
Committee: IMCO
Amendment 1557 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint g (new)
g) allowing the trader to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract; Or.el (moved from Annex III 1 (g))
2010/10/25
Committee: IMCO
Amendment 1558 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint h (new)
h) giving the trader the possibility of transferring his obligations under the contract, without the consumer's agreement; Or.el (moved from Annex III 1 (i))
2010/10/25
Committee: IMCO
Amendment 1559 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint i (new)
i) enabling the trader to unilaterally alter the terms of the contract including the characteristics of the product or service; Or.el (moved from Annex III 1 ( k))
2010/10/25
Committee: IMCO
Amendment 1560 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint j (new)
ι) excluding or hindering the consumer's right to have recourse to legal means or exercise any other legal right, particularly by requiring the consumer to request arbitration not covered by legal provisions to settle disputes; Or.el (this point should be added as new point in Annex II)
2010/10/25
Committee: IMCO
Amendment 1561 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint k (new)
k) binding the consumer to terms with which he was unacquainted before the conclusion of the contract; Or.el (this point should be added as new point in Annex II)
2010/10/25
Committee: IMCO
Amendment 1562 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint l (new)
l) binding the consumer to a contract with immediate effect, whereas the time during which the trader is bound by the contract is determined only by the trader himself; Or.el (this point should be added as new point in Annex II)
2010/10/25
Committee: IMCO
Amendment 1563 #
Proposal for a directive
Annex 2 – paragraph 1 – point 5 – subpoint m (new)
m) authorising the trader to set the price of the products or services at the time of delivery in accordance with conditions exclusively concerning the trader; Or.el (this point should be added as new point in Annex II)
2010/10/25
Committee: IMCO
Amendment 1564 #
Proposal for a directive
Annex 3 – paragraph 1 – point a
a) excluding or limiting the legal rights of the consumer vis-à-vis the trader or another party in the event of total or partial non-performance or inadequate performance by the trader of any of the contractual obligations, including the rights of the consumer of offsetting a debt owed to the trader against a claim which the consumer may have against him; deleted Or.el (move to annex II)
2010/10/25
Committee: IMCO
Amendment 1566 #
Proposal for a directive
Annex 3 – paragraph 1 – point b
b) allowing the trader to retain a payment by the consumer where the latter fails to conclude or perform the contract, without giving the consumer the right to be compensated of the same amount if the trader fails to conclude or perform the contract; deleted Or.el (move to Annex II)
2010/10/25
Committee: IMCO
Amendment 1567 #
Proposal for a directive
Annex 3 – paragraph 1 – point c
c) requiring any consumer who fails to fulfil his obligation to pay damages which significantly exceed the harm suffered by the trader; deleted Or.el (move to Annex II)
2010/10/25
Committee: IMCO
Amendment 1570 #
Proposal for a directive
Annex 3 – paragraph 1 – point d
d) allowing the trader to terminate the contract at will where the same right is not granted to the consumer; eleted Or.el (move to Annex II)
2010/10/25
Committee: IMCO
Amendment 1572 #
Proposal for a directive
Annex 3 – paragraph 1 – point e
e) enabling the trader to terminate an open-ended contract without reasonable notice except where the consumer has committed a serious breach of contract; Delete Or.el (moved to Annex II)
2010/10/25
Committee: IMCO
Amendment 1573 #
Proposal for a directive
Annex 3 – paragraph 1 – point f
f) automatically renewing a fixed-term contract where the consumer does not indicate otherwise and has to give a long notice to terminate the contract at the end of each renewal period; deleted Or.el (move to Annex II)
2010/10/25
Committee: IMCO
Amendment 1574 #
Proposal for a directive
Annex 3 – paragraph 1 – point g
g) allowing the trader to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract; deleted Or.el (moved to Annex II)
2010/10/25
Committee: IMCO
Amendment 1577 #
Proposal for a directive
Annex 3 – paragraph 1 – point i
i) giving the trader the possibility of transferring his obligations under the contract, without the consumer's agreement; deleted Or.el (moved to Annex II)
2010/10/25
Committee: IMCO
Amendment 1579 #
Proposal for a directive
Annex 3 – paragraph 1 – point k
k) enabling the trader to unilaterally alter the terms of the contract including the characteristics of the product or service; deleted Or.el (move to Annex II)
2010/10/25
Committee: IMCO
Amendment 1585 #
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint a (new)
α) requiring the consumer to pay a predetermined amount if he wishes to terminate a contract; Or.el (this point should be added as new point of paragraph 1)
2010/10/25
Committee: IMCO
Amendment 1586 #
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint b (new)
b) requiring procedures for the validity of a contract for which no provision exists under national law or subjecting consumers to excessive requirements for the exercise of their contractual obligations; Or.el (this point should be added as new point of paragraph 1)
2010/10/25
Committee: IMCO
Amendment 1587 #
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint c (new)
c) permitting the trader to demand excessive financial guarantees from the consumer or requiring the consumer to meet excessive conditions for compliance; Or.el (this point should be added as new point of paragraph 1)
2010/10/25
Committee: IMCO
Amendment 1588 #
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint d (new)
d) enabling the trader immediately to terminate the contract or to terminate it with an inadequate period of notice without providing appropriate compensation, even though this contract had required the consumer to spend a significant amount of money; Or.el (this point is added as new point of paragraph 1)
2010/10/25
Committee: IMCO
Amendment 1589 #
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint e (new)
e) requiring the consumer to pay an excessive advance before the trader meets his obligations; Or.el (this point should be added as new point of paragraph 1)
2010/10/25
Committee: IMCO
Amendment 1590 #
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint f (new)
f) allowing the trader to terminate a fixed- term contract without paying compensation to the consumer, except in cases of force majeure; Or.el (this point should be added as new point of paragraph 1)
2010/10/25
Committee: IMCO
Amendment 1591 #
Proposal for a directive
Annex 3 – paragraph 1 – point 12 – subpoint g (new)
g) requiring the consumer to pay compensation to the trader in the event of a unilateral termination of an open-ended contract; Or.el (this point should be added as new point of paragraph 1)
2010/10/25
Committee: IMCO