Article 15

1. Article 9 of Directive 97/7/EC shall be replaced by the following:
‘Article 9
Inertia selling
Given the prohibition of inertia selling practices laid down in Directive 2005/29/EC of 11 May 2005of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market [10], Member States shall take the measures necessary to exempt the consumer from the provision of any consideration in cases of unsolicited supply, the absence of a response not constituting consent.

 

2. Article 9 of Directive 2002/65/EC shall be replaced by the following:
‘Article 9
Given the prohibition of inertia selling practices laid down in Directive 2005/29/EC of 11 May 2005 of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market [11] and without prejudice to the provisions of Member States' legislation on the tacit renewal of distance contracts, when such rules permit tacit renewal, Member States shall take measures to exempt the consumer from any obligation in the event of unsolicited supplies, the absence of a reply not constituting consent.

 

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[10] OJ L 149, 11.6.2005, p. 22.’;

[11] OJ L 149, 11.6.2005, p. 22.’;