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Document 92002E001538
WRITTEN QUESTION E-1538/02 by Karl-Heinz Florenz (PPE-DE) to the Commission. Transposition into national law of Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees.
WRITTEN QUESTION E-1538/02 by Karl-Heinz Florenz (PPE-DE) to the Commission. Transposition into national law of Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees.
WRITTEN QUESTION E-1538/02 by Karl-Heinz Florenz (PPE-DE) to the Commission. Transposition into national law of Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees.
ĠU C 277E, 14.11.2002, p. 226–226
(ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)
92002E1538
WRITTEN QUESTION E-1538/02 by Karl-Heinz Florenz (PPE-DE) to the Commission. Transposition into national law of Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees.
Official Journal 277 E , 14/11/2002 P. 0226 - 0226
WRITTEN QUESTION E-1538/02 by Karl-Heinz Florenz (PPE-DE) to the Commission (3 June 2002) Subject: Transposition into national law of Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees As part of the transposition of Directive 1999/44/EC(1), the Act on the Reform of the Law of Obligations (Schuldrechtsreformgesetz) came into force in Germany on 1 January 2002. During the legislative procedure on the Act, the existing regulations on the sale of animals were deleted and not replaced. Together with the stricter enforcement of limitation periods and the rules on the burden of proof, which rests with businessmen, this has meant that animal vendors, particularly those classified as businessmen under § 14 of the German Civil Code, are faced with problems threatening their survival. It has been claimed that the production of evidence for the defence, in line with § 476 of the German Civil Code, is made particularly difficult if the fault arises as a result of incorrect treatment of or excessive demands on the animal. Nevertheless, the German legislation has provided for no special provisions concerning the sale of animals. Which Member States, apart from Germany, have already transposed Directive 1999/44/EC? With regard to the rules governing limitation periods and the burden of proof, have these Member States adopted special provisions concerning the sale of animals? (1) OJ L 171, 7.7.1999, p. 12. Answer given by Mr Byrne on behalf of the Commission (23 July 2002) Apart from Germany currently (6 June 2002) Denmark, Italy, Austria and Finland have transposed Directive 1999/44/EC of the Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees, in their national law and have communicated the wording of this transposing legislation to the Commission (Article 11 of the Directive). In the relevant transposing provisions of the named Member States, no special clauses can be found that concern the sale of animals to consumers.