Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-11-29-Speech-4-050"
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"en.20071129.5.4-050"2
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"Mr President, I believe that this is a good example of the proper functioning of the European institutions. Despite our institutional complexity, the Parliament, the Commission and the Council are all working well on this matter and I hope that, with a satisfactory vote at this Parliamentary session, we can achieve a resolution at first reading, without any further delay.
I am grateful to Mr Frattini for facilitating the outcome and to the rapporteur for all his hard work in arriving at this agreement.
As has been said more than once, the focus of our discussions here has been Article 5, which relates to the protection of consumer rights. In contractual matters, the consumer is not in a situation of equality; normally he is at a disadvantage. To give a simple example, take a person who has to sign a car rental contract at an airport: the consumer is not able to read the content of the contract, he is unaware of the law to which the contract is subject and, unless he has legal protection he is completely in the hands of the person offering the contract.
This proposal for a regulation aims, without sacrificing the principles governing choice of the applicable law, to secure a system of protection for the consumer and this is now reflected in the formula – suggested by the Council – whereby the choice of law may not entail for the consumer the loss of the protection provided under the inalienable contractual provisions of the law which, in the absence of choice, would have been applicable under paragraph 1.
Generally speaking, the main problem here in the European Union is the lack of harmonisation of substantive law. These formulae applying the law of conflict are merely subsidiary formulae and we hope that the Commission will pursue its legislative drive by proposing texts offering the consumer material protection which is uniform throughout the European Union, thereby removing the need to resort to these complicated conflict-of-law provisions."@en1
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