WRITTEN QUESTION E-2357/01 by Fernando Fernández Martín (PPE-DE) to the Commission. Protection measures with regard to time-sharing.
Date: 2001-08-06
Institutions: European Parliament, Provisional data
Subjects: EU Member State, Italy, acquisition of property, consumer protection, contract, infringement procedure (EU), national implementing measure, real property, time-sharing

6.6.2002

EN

Official Journal of the European Communities

C 134 E/27

The Commission has always defended European industry’s need for access to raw materials. Thus it has
requested suspension of export taxes and even elimination of unfair trading practices which de facto make
it impossible to import this type of product. The detailed negotiations on the products themselves will
begin at the negotiating round due to be held in Brussels at the end of October.

(2002/C 134 E/027)

WRITTEN QUESTION E-2357/01

by Fernando Fernández Martín (PPE-DE) to the Commission

Subject: Protection measures with regard to time-sharing

(6 August 2001)

Directive 94/47/EC (1) 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 time-share basis deals with aspects relating to time-share contracts. Article 3
lays down that the Member States must make provision in their legislation for the necessary measures to
ensure that the vendor provides purchasers with information on the immovable property and that this
information forms an integral part of the contract. In practice, time-share contracts are misleading for
consumers who, once they have acquired their right, do not know what they can do to protect themselves.

Does the Commission know whether there are any Member States which have not yet made provision for
these protection measures in their legislation? What can citizens of the Member States concerned do in the
face of this legal vacuum? What measures exist to protect consumers in such cases?

What action will the Commission take to ensure that these measures are adopted and complied with in all
the Member States?

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

Answer given by Mr Byrne on behalf of the Commission

(3 December 2001)

All Member States have communicated the measures that they have taken in order to implement the
Directive 94/47/EC of the 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. However, the Commission considers, as far as Article 3 of the Directive is concerned,
that the measures adopted by Italy do not transpose this article properly, given that no provisions have
been adopted for the consequences of non-compliance with this article. Therefore, the Commission has
initiated an infringement procedure under Article 226 (ex Article 169) of the EC Treaty. The Commission is
currently examining the situation in Greece and the United Kingdom.

(2002/C 134 E/028)

WRITTEN QUESTION E-2384/01

by Emilia Müller (PPE-DE) to the Commission

(20 August 2001)

Subject: Information on the taxation of owners of houses and plots of land

The ownership of real property, including houses, gardens and plots of land, and related issues such as the
taxation of the owners are, in principle, the preserve of the national regulatory authorities.