Draft opinion of the Committee on the draft Timeshare Directive

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  1. Tekst
  2. Originele weergave
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Tekst

I. INTRODUCTION

  • 1. 
    At its meeting on 10 March 1999 Coreper entrusted the Committee on Civil Law Matters with the task of ensuring uniformity and coherence in European Community action in the

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area of civil law. In carrying out this task, the Committee has already given opinions 2

relating to other instruments to the competent working parties or to Coreper.

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See 6166/2/99 rev 2 CK4 12 "This Committee deals with specific topics and also ensures coherence in EU action in civil law matters, in particular those covered by Articles 65 and 293 of the TEC. The Committee may also advise on questions concerning judicial cooperation in civil matters arising in other areas of the EC Treaty, such as provisions specifying the competent court and questions of applicable law where Community instruments are concerned." 2

See for example doc. 8299/06 JUSTCIV 98 CONSOM 21 CODEC 334; doc. 12655/04 JUSTCIV 127 COMPET 152 SOC 423 CODEC 1023 and doc. 5668/04 JUSTCIV 13 CONSOM 5 MI 19 CODEC 106.

  • 2. 
    It has been brought to the attention of the Committee on Civil Law Matters (General Questions) that the Working Party on Consumer Protection and Information is examining

the draft Directive of the European Parliament and of the Council on the protection of

consumers in respect of certain aspects of timeshare, long-term holiday products, resale

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and exchange (further referred to as the draft Timeshare Directive) and that this proposal could have implications in the field of judicial cooperation in civil matters.

II. THE DRAFT TIMESHARE DIRECTIVE

  • 3. 
    The draft Timeshare Directive aims to set up a modern, simplified and coherent framework for the protection of the consumer, covering timeshare, long-term holiday

products as well as exchange and resale. The draft Timeshare Directive will replace the

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existing Directive 94/47/EC. The draft Timeshare Directive is currently being examined by the Working Party on Consumer Protection and Information.

  • 4. 
    The Committee on Civil Law Matters notes that since the beginning of the negotiations in the Working Party on Consumer Protection and Information the initial Article 8 has been

amended and split into two separate provisions. This change partly addresses the concerns

of the Committee on Civil Law Matters (General Questions).

  • 5. 
    The Competitiveness Council on 22 and 23 November discussed certain aspects of the draft Timeshare Directive. However, these discussions did not concern the relationship

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with the draft Rome I Regulation.

  • 6. 
    The relevant provision for the purposes of judicial cooperation in civil matters is Article 8a of the draft Timeshare Directive.

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Proposal for a Directive of the European Parliament and of the Council on the protection of consumers in respect of certain aspects of timeshare, long-term holiday products, resale and exchange, see 15045/07 CONSOM 126 JUSTCIV 303 CODEC 1238 for the latest text. 2

Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis. 3

See the progress report to the Council 15277/07 CONSOM 130 JUSTCIV 307 CODEC 1269.

  • 7. 
    Article 8a of the draft Timeshare Directive aims to ensure that if the contract is governed by the law of a non-Member State but there is a certain connection to a Member State of

the European Union (the immovable property is situated within the territory of a Member

State or the contract has been entered into in a Member State) the consumer can still

benefit from the protection granted by the draft Timeshare Directive.

III. IMPLICATIONS FOR JUDICIAL COOPERATION IN CIVIL MATTERS

DELETED FROM THIS POINT UNTIL THE END OF THE DOCUMENT (page 6)

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Originele weergave

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