Activities of Dennis de JONG related to 2015/0287(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on certain aspects concerning contracts for the supply of digital content PDF (1 MB) DOC (200 KB)
Amendments (7)
Amendment 403 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. 'supplier' or 'seller' means any natural or legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to that person’s trade, business, craft, or profession;
Amendment 511 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall notmay maintain mor introducee stringent provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protectionalready in force for the protection of consumers, and the implementation of this Directive shall under no circumstances constitute grounds for the reduction of protection for consumers in fields covered by the scope of Union law. This Directive shall be without prejudice to general substantive and procedural rights which consumers may invoke under national rules governing contractual or non- contractual liability.
Amendment 633 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8 a Relevant time for establishing conformity with the contract 1. The seller shall be liable for any lack of conformity with the contract which exists at the time when: (a) the consumer or a third party indicated by the consumer and other than the carrier has acquired the physical possession of the goods; or (b) the goods are handed over to the carrier chosen by the consumer, where that carrier was not proposed by the seller. 2. In cases where the goods were installed by the seller or under the seller's responsibility, the time when the installation is complete shall be considered as the time when the consumer has acquired the physical possession of the goods. In a case where the goods were intended to be installed by the consumer, after a the time period of 30 days shall be considered as the time when the consumer has acquired the physical possession of the goods.
Amendment 637 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The burden of proof with respect to the conformity with the contract at the time indicated in Article 10 shall be on the supplier or the seller in the case of a tangible good with embedded software. Any lack of conformity with the contract which becomes apparent within the expected lifespan of the product from the time indicated in Article 8a (1) and (2) is presumed to have existed at the time indicated in Article 10 unless this is incompatible with the nature of the goods or with the nature of the lack of conformity.
Amendment 818 #
Proposal for a directive
Article 13 – paragraph 2 – point e – point i
Article 13 – paragraph 2 – point e – point i
(i) upon the request of the supplier, return, at the supplier's expense, the durable medium to the supplier without undue delay, and in any event not later than 1428 days from the receipt of the supplier's request; and
Amendment 847 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Time limits The consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within the expected lifespan, as from the relevant time for establishing conformity. If, under national legislation, the rights laid down in Article 12 are subject to a limitation period, that period shall not be shorter than the expected lifespan of the product from the relevant time for establishing conformity with the contract.
Amendment 963 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Where the supplier is liable to the consumer because of any failure to supply the digital content or a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions, or any other reason, the supplier shall be entitled to pursue remedies against the person or persons liable in the chain of transactions. The person against whom the supplier may pursue remedies and the relevant actions and conditions of exercise, shall be determined by national law. Member States shall ensure that national law shall adequately protect the seller when determining the person against whom the seller may pursue remedies, the time periods and the relevant actions and conditions of exercise.