Activities of Anna Maria CORAZZA BILDT related to 2008/0196(COD)
Plenary speeches (1)
Consumer rights (debate)
Amendments (21)
Amendment 268 #
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 are under psychological pressuretemporarily in a special situation which is different from the situation in a shop, e.g. from a psychological point of view and as regards the scope for comparing goods and prices, no matter whether they have 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. Contracts under which the payment to be made by the consumer does not exceed EUR 20 are nevertheless not covered by the above definition, so that e.g. street traders, whose goods are supplied immediately, are not overburdened with obligations as regards information. A right of withdrawal is also unnecessary in such cases, since the implications of such transactions are readily understandable.
Amendment 285 #
Proposal for a directive
Recital 16
Recital 16
(16) The definition of dDurable mediuma should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of theisks of computers on which the electronic mail or a pdf file is storeddata saved in unmodifiable form are stored. Internet websites as such should not be durable media.
Amendment 297 #
Proposal for a directive
Recital 17
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.
Amendment 314 #
Proposal for a directive
Recital 26
Recital 26
(26) When the consumer orders more than one good from the same trader, he should be entitled to exercise the right of withdrawal in respect of each of these goods. If the goods are delivered separately, the withdrawal period should start when the consumer acquires the material possession of each individual good. Where a good is delivered in different lots or pieces, the withdrawal period should start when the consumer or a third partyre goods are supplied in more than one delivery, the withdrawal period should 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 the last lot or piecefirst partial shipment.
Amendment 315 #
Proposal for a directive
Recital 27
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.
Amendment 419 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) 'goods' means any tangible movable item, with the exception of goods sold by way of execution or otherwise by authority of law. Water and gas shall also be considered as ‘goods’ within the meaning of this directive where they are put up for sale in a limited volume or set quantity;
Amendment 567 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Prior to the conclusion of any sales or service contract, the traderIn good time before the consumer is bound by any distance or off-premises contract or any corresponding offer, the trader or any person acting in his name or on his behalf shall provide the consumer with the following information, if not already apparent from the contextn a clear and intelligible manner:
Amendment 737 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. With respect to contracts that are concluded off- premises, the information provided for in Article 95 shall be given in the order form. 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)to the consumer in the contract document or on another durable medium, in so far as this appears appropriate in view of the nature of the contract; it shall be drafted in plain, intelligible language and be legible.
Amendment 827 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
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.
Amendment 869 #
Proposal for a directive
Article 13
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).
Amendment 922 #
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 seven days within the same country and fourteen days cross-border from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself.
Amendment 1270 #
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. The consumer may resort to any remedy available under paragraph 1insist on a reasonable reduction in price or rescission of the contract, where one of the following situations exists:
Amendment 1274 #
Proposal for a directive
Article 26 – paragraph 4 – point a
Article 26 – paragraph 4 – point a
(a) the trader has implicitly or explicitly refused to remedy the lack of conformity;consumer is entitled neither to repair nor replacement, or
Amendment 1276 #
Proposal for a directive
Article 26 – paragraph 4 – point a a (new)
Article 26 – paragraph 4 – point a a (new)
(aa) the trader has refused to remedy the lack of conformity;
Amendment 1281 #
Proposal for a directive
Article 26 – paragraph 4 – point c
Article 26 – paragraph 4 – point c
(c) the trader has tried to remediedy the lack of conformity, causing significant inconvenience to the consumer;
Amendment 1291 #
Proposal for a directive
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
(d) the same defect has reappeared more than once within a short period of timtwice.
Amendment 1329 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer. Where the lack of conformity relates to a good used in connection with a service regarding work on an immovable property, the trader shall be held liable under Article 25 when the lack of conformity becomes apparent within ten years as from the time the risk passed to the consumer.
Amendment 1408 #
Proposal for a directive
Article 29 – paragraph 4 c (new)
Article 29 – paragraph 4 c (new)
4c. When the guarantee statement relates to a lack of conformity and the lack of conformity becomes apparent before the expiration of the duration period of the guarantee, the lack of conformity shall be presumed to have existed at the time when the risk passed to the consumer, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
Amendment 1524 #
Proposal for a directive
Article 42 a (new)
Article 42 a (new)
On the basis of the notifications from Member States and in order to ensure the same high level of consumer protection across the EU, the Commission shall present a proposal on the possibility of introducing a common system of penalties.
Amendment 1527 #
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
Member States shall take appropriate measures to inform consumers and traders of the national provisions transposing this Directive and shall, where appropriate, encourage traders and code owners to inform consumers of their codes of conduct.
Amendment 1529 #
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
The consumer shall be exempted from the provision of any consideration in cases of unsolicited supply of a product as prohibited by Article 5(5) and point 29 of Annex I of Directive 2005/29/EC. The absence of a response from the consumer following such an unsolicited supply shall not constitute consent and the consumer may keep or dispose of any good delivered.