Database on German and European Economic Law

 Directive 2008/122/EC

I. Description

The proposal is a result of a review of  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. Since the adoption of Directive 94/47/EC there have been major developments in the market place, the most significant being the offer of new products, similarly marketed and economically broadly similar to timeshare, in the sense that there is a substantial payment upfront, followed by payments linked to the later actual use of holiday accommodation (on its own or in combination with travel). These products fall outside the scope of Directive 94/47/EC. The evasion of regulation by these products has created substantial problems for consumers and legitimate businesses, as evidenced by the number of complaints submitted to European Consumer Centres, consumer organisations and other public authorities.Data suggests that complaints relating to timeshare are declining. This is a strong indication that many of the problems consumers faced before the adoption of the
Directive have been solved. Nonetheless, a large number of consumer complaints remain, most of which relate to the new products, such as holiday discount clubs and to resale contracts.

II. General Information

Title

Directive 2008/122/EC of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts

Status
Existing
Directive
2008/122/EC
Source
O.J. EC No L (Legislation), Edition 33, Year 2009, p.10 - 30
Adoption
01/14/2009
Promulgation
02/03/2009
Character
Regular Act
Legal Basis
Art. 95 EC
Legislative Procedure
Codecision procedure

III. Versions and Legislative History

1. Versions

Titel
Allg. Daten
Textfassung

Original Text :
Directive 2008/122/EC of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts

  2008/122/EC

Beschluss:
01/14/2009 (A)
Verkuendung:
02/03/2009 (P)
(A) Adoption | (P) Promulgation

2. Legislative History

Datum
Typ / Titel
Textfassungen
10/22/2008
Report of the European Parliament - 1st reading
P6_TA(2008)0511
10/24/2007
Opinion of the European Economic and Social Committee
O.J. EC No. C, Ausgabe 44, Jahr 2008, p. 27
06/07/2007
Proposal
COM(2007) 303 endgültig

3. Legal Impact

Auswirkungstyp
Richtlinie
Textfassungen
Amendment
  Directive 94/47/EC

IV. Umsetzung in den Mitgliedstaaten

1. Implementation in Germany

Legend

Legislative Act Status

Documents

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Overview

I. Description
II. General Information
III. Versions and Legislative History
1. Versions
2. Legislative History
3. Legal Impact
IV. Umsetzung in den Mitgliedstaaten
1. Implementation in Germany