Robert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 70:

In page 60, to delete lines 24 to 31 and insert the following: "69.(1) Subject to subsection (2), where the trader fails to comply with the obligation to supply digital content or a digital service that is in conformity with the digital content contract or digital service contract, the consumer shall have the right to withhold payment of any outstanding part of the price until the trader has fulfilled the trader’s obligation to supply digital content or a digital service that is in conformity with the digital content contract or digital service contract.

(2) The part of the price withheld by the consumer under subsection (1)shall be proportionate to the decrease in the value of the digital content or digital service

received by the consumer compared with the value that the digital content or digital service would have if it were in conformity with the contract.".

Amendment No. 70 is a minor amendment to tidy up the language of this section so that the right to withhold payment is linked to the lack of conformity of the digital content or digital services provided under the digital content contract or digital services contract. The current wording provides that "The consumer shall have the right to withhold payment of any outstanding part of the price until the trader has fulfilled the trader's obligations under this Part."