WRITTEN QUESTION E-1465/01 by Bruno Gollnisch (TDI) to the Council. Time-share holiday swindles.
Date: 2001-05-21
Institutions: European Parliament, Provisional data
Subjects: EC Directive, acquisition of property, consumer protection, economic offence, secondary residence, time-sharing

C 364 E/120

Official Journal of the European Communities

EN

20.12.2001

The approach taken in the new Euratom framework programme proposal is in line with the Commission(cid:146)s
Green Paper (cid:145)Towards a European strategy for the security of energy supply(cid:146) (2).

(1) COM(2001) 94 final.
(2) COM(2000) 769 final.

(2001/C 364 E/132)

WRITTEN QUESTION E-1465/01

by Bruno Gollnisch (TDI) to the Council

(21 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 Council 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?

Does current European legislation on tourism and consumer protection provide for any specific measures
on time sharing?

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 Council consider calling upon them to
take action? If so, what procedure would it follow?

Reply

(27 September 2001)

The Honourable Member should note that purchase of the right to use one or more immovable properties
on a timeshare basis is governed by Directive 94/47/EC of the European Parliament and of 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). The purpose of that Directive is
to approximate the laws, regulations and administrative provisions of the Member States on the protection
of purchasers in respect of certain aspects of contracts relating directly or indirectly to the purchase of the
right to use one or more immovable properties on a timeshare basis.

The abuses and swindles in time-sharing mentioned by the Honourable Member are not, however,
specifically suppressed by a European Union legal instrument.

However, many legal instruments adopted by the Council on the basis of Article 34 of the Treaty on
European Union aim at considerably improving cooperation between the authorities responsible for
combating international fraud.

Should Member States(cid:146) national legislation fail to provide a satisfactory answer to this problem, it would be
incumbent on a Member State or the Commission to make use of its right of initiative by proposing that
such activities be suppressed in a harmonised manner at European level.

(1) OJ L 280, 29.10.1994, p. 83.