Activities of Edvard KOŽUŠNÍK related to 2008/0196(COD)
Plenary speeches (1)
Consumer rights (debate)
Amendments (10)
Amendment 247 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) This Directive shall be without prejudice to the application of the provisions of the Member States relating to the acquisition of immovable property and guarantees relating to immovable property or the formation or transfer of rights in rem in immovable property. This includes agreements connected with such legal acts, such as sales of immovable property still to be developed and hire- purchase.
Amendment 267 #
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 which are concluded away from the business premises of the trader are characterised by the fact that the consumer is not prepared for the negotiations of the contract and is under psychological pressure no matterregardless whether they/she 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. However, contracts which, according to the provisions of the Member States, are authenticated by a public official, do not present a situation where the consumer is put under such exceptional psychological pressure. Such contracts are hence neither considered as off-premises contracts nor as distance contracts within the meaning of this directive.
Amendment 472 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 –point b
Article 2 – paragraph 1 – point 8 –point b
(b) any sales or service contract concluded on business premises but negotiated away from business premises, with the simultaneous physical presence of the trader and the consumer with the exception of contracts which, according to the provisions of the Member States, are authenticated by a public official who is bound by the law to be independent and impartial and to guarantee, by providing detailed legal information, that the consumer only concludes the contract after due reflection and in full awareness of its legal scope (authentic instrument).
Amendment 529 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. This directive shall be without prejudice to the application of the provisions of the Member States relating to the formation, acquisition or conveyancing of rights in rem in immovable property or guarantees in rem in immovable property.
Amendment 730 #
Proposal for a directive
Article 10 – title
Article 10 – title
Amendment 757 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall not impose any pre- contractual formal requirements other than those provided for in paragraphs 1 and 2.
Amendment 765 #
Proposal for a directive
Article 11 – title
Article 11 – title
Amendment 819 #
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 1030 #
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 anor in connection with the sale or acquisition of immovable property or the formation or transfer of rights in rem or contracts in the context of a sale of immovable property or the formation or transfer of rights in rem. This includes, in particular, agreements connected with such legal acts, such as sales of immovable property still to be developed works relating to hire-purchase. This directive shall, however, apply to contracts for mere rental of immovable property or mere works on immovable property;
Amendment 1456 #
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 consumerrequirements on the presentation of contract terms, except for presentational requirements in relation to persons with disabilities. This Article does not affect the freedom of the Member States to impose additional requirements for the validity or effects of the contract such as the authentication of the contract or the certification of the signature.