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.
Date: 2002-06-03
Institutions: European Parliament, Provisional data
Subjects: Germany, contract, guarantee, live animal, marketing, national implementing measure, sale

C 277 E/226

Official Journal of the European Communities

EN

14.11.2002

(2002/C 277 E/247)

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 1 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)

from Germany currently (6 June 2002) Denmark,

Apart
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.

(2002/C 277 E/248)

WRITTEN QUESTION P-1556/02

by Pernille Frahm (GUE/NGL) to the Commission

Subject: Patentability of computer-implemented inventions

(31 May 2002)

Will the Commission state which firms submitted the responses to the consultation on the Green Paper on
the patentability of computer-implemented inventions which have led it to be guided in its proposal for a
directive by the interests of big business, instead of those of the very many users and small businesses,
which, for example, did not wish to see the patenting of open source? Can it also explain why business
interests have been given priority over consumer interests?

Answer given by Mr Bolkestein on behalf of the Commission

(24 June 2002)

The Commission has received a great number of submissions on the subject of the patentability of
computer-implemented inventions since the publication of the 1997 Green Paper on the Patent System in
Europe (1). These originated from individuals, companies of all sizes, practitioners and industry associations.
These submissions were all taken into account by the Commission in coming to its decision to propose a
directive.