Activities of Dennis de JONG related to 2015/0288(COD)
Shadow reports (1)
REPORT on the amended proposal for a directive of the European Parliament and of the Council on certain aspects concerning contracts for the sales of goods, amending Regulation (EC) No 2006/2004 of the European Parliament and of the Council and Directive 2009/22/EC of the European Parliament and of the Council and repealing Directive 1999/44/EC of the European Parliament and of the Council PDF (833 KB) DOC (140 KB)
Amendments (12)
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. In so far as not regulated therein, tThis Directive shall not affect national general contract laws such as rules on the formation, the validity or effects of contracts, including the consequences of the termination of a contract.
Amendment 238 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall notmay maintain or introduin force provisions diverging fromwhich are more stringent than those laid down in this Directive including more or less stringent provisions to ensure a different level of consumer protectionfor 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.
Amendment 241 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
This Directive shall be without prejudice to general substantive and procedural rights which consumers may invoke under national laws governing contractual or non-contractual liability.
Amendment 270 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the goods are handed over to the carrier chosen by the consumer, where that carrier was not proposed by the seller or where the seller proposes no means of carriage.
Amendment 276 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
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, the time when the consumer had reasonable time for the installation but in any case not later than 30 days after the time indicated in paragraph 1 shall be considered as the time when the consumer has acquired the physical possession of the goods.
Amendment 281 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Any lack of conformity with the contract which becomes apparent within two yearhe expected lifespan of the goods from the time indicated in paragraphs 1 and 2 ishall be presumed to have existed at the time indicated in paragraphs 1 and 2 unless this is incompatible with the nature of the goods or with the nature of the lack of conformity.
Amendment 289 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the case of a lack of conformity with the contract, the consumer shall be entitled to have the goods brought into conformity by the seller, free of charge, by repair or replacement, or to choose a price reduction in accordance with Article 11 and Article 12.
Amendment 323 #
Proposal for a directive
Article 11 – title
Article 11 – title
Consumer's choice between repair and, replacement and price reduction
Amendment 326 #
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
The consumer may choose between repair and, replacement or price reduction unless the option chosen would be impossible, or unlawful or, compared to the other options, would impose costs on the seller that would be disproportionate, taking into account all circumstances, including:
Amendment 351 #
Proposal for a directive
Article 13 – paragraph 3 – point b
Article 13 – paragraph 3 – point b
(b) the consumer shall return, at the seller's expense, to the seller the goods without undue delay and in any event not later than 1428 days from sending the notice of termination;
Amendment 362 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
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 two yearshe expected lifespan of the product as from the relevant time for establishing conformity. If, under national legislation, the rights laid down in Article 9 are subject to a limitation period, that period shall not be shorter than two yearshe expected lifespan of the product from the relevant time for establishing conformity with the contract.
Amendment 390 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Where the seller is liable to the consumer because of 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 for any other reason, the seller shall be entitled to pursue remedies against the person or persons liable in the chain of transactions. The person against whom the seller may pursue remedies, and the relevant actions and conditions of exercise, shall be determined by national law. Member States shall ensure that their national laws 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 of the right of redress.