WRITTEN QUESTION P-1431/01 by Bruno Gollnisch (TDI) to the Commission. Time-share holiday swindles.
Date: 2001-05-04
Institutions: European Parliament, Provisional data
Subjects: EC Directive, acquisition of property, consumer protection, economic offence, holiday, secondary residence, time-sharing

C 340 E/228

Official Journal of the European Communities

EN

4.12.2001

As of 15 May 2001, the number of permanent A posts occupied in OLAF totals 71, including one by
a temporary official (Article 2b of the Staff Regulations: conditions of employment of other servants of the
European Communities). DG Financial Control was informed of the Commission(cid:146)s PDB 2001 and the
PDSAB 3/2001, but Parliament(cid:146)s bugetary amendments are not subject to the Commission(cid:146)s financial
control scrutiny.

This case raises important issues concerning the executibility of the budget, and is without precedent.

(2001/C 340 E/264)

WRITTEN QUESTION P-1431/01

by Bruno Gollnisch (TDI) to the Commission

(4 May 2001)

Subject: Time-share holiday swindles

The number of abuses and swindles perpetrated by time-share holiday (cid:145)professionals(cid:146) has been growing for
several years now.

Hundreds of people have fallen and are still falling prey to these mafiosi of the tourist trade, who sell or
resell annual stays in non-existent flats and then disappear into thin air once they have collected the
money.

Such behaviour has in some cases seriously damaged the tourist industry(cid:146)s reputation in several parts of
Spain (particularly Tenerife and Denia), in south and south-west France (particularly Canet-Plage) and in
French overseas departments (Guadeloupe).

Does the Commission intend to carry out in-depth investigations into what already appears to be a serious
problem?

Does it intend to take action against the agencies, companies and even banks that are knowingly involved
in such cross-border swindles?

Were it to be established that, owing to the laxity of their public authorities, some States were failing to
show the proper diligence in combating such activities, would the Commission consider calling upon them
to take action?

Answer given by Mr Byrne on behalf of the Commission

(20 June 2001)

The Commission is aware of the swindles and abuses mentioned by the Honourable Member in sales of the
right to use immovable properties on a timeshare basis.

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 (1) protects purchasers in certain clearly specified areas (2). However, it does
not cover the kind of practices mentioned by the Honourable Member. The Member States alone can take
action against such practices.

The Commission mentioned the problems relating to the application of Directive 94/47/EC in its report
dated 4 November 1999 (3). This report sets out a series of points for discussion with a view to extending
and reinforcing protection for purchasers. Before entering into a debate on possible changes or
amendments to Directive 94/47/EC, the Commission is currently awaiting Parliament(cid:146)s opinion on the
report in question.

(1) OJ L 280, 29.10.1994.
(2)

For example, the vendor is obliged to provide certain pre-contractual
information, the purchaser has rights of
withdrawal and cancellation, and the vendor is prohibited from asking for advance payments during the withdrawal
period.

(3) SEC(1999) 1795.