EuSoCo

The directive on consumer rights has been finally approved by the EP and has to be enacted by the end of 2013, and the Commission has formally adopted a proposal for an optional instrument on the basis of the expert group document. Even market logic cannot help explain the economic rationale for such a sales law… In fact, even the European Association of Craft, Small and Medium-Sized Enterprises have not welcomed the optional law. They have said that the „proposals will do very little in this respect and will actually leave small businesses worse off, if confirmed in their current form. SMEs face diverse issues such as language barriers and tax systems when trading cross-border, while the attitude of consumers in relation to buying from another member state does not depend on legal diversity. The need to adapt and comply with different consumer protection rules in the foreign contract laws was cited as having a ‚large impact‘ on cross-border trade only by 7 per cent of the respondents to the Eurobarometer. Therefore, pretending that the common sales law is a priority and that it will change the status quo is preposterous“.

Below is a further quote from an article by Paul Abbiati „Is a common sales law for Europe possible?“ (mehr …)

There is a new partially functional website on the Common Frame of Reference for European Contract Law – and its Interaction with English and German Law: http://cfr.iuscomp.org/ . It is run by Gerhard Dannemann, colleague from Prof. Grundmann and Director, Centre for British Studies Humboldt-Universität:. A database on CFR materials is available there: http://cfr.iuscomp.org/db/

Secola: also have an EC Contract Law Database: http://www.secola.de/statutes.htm

Date:  11/10/2011: European Commission proposes an optional Common European Sales Law to boost trade and expand consumer choice (EN). An optional Common European Sales Law: Frequently asked questions (EN). The EU Consumer Rights Directive has been adopted but this will have no effect on financial services and labour law and tenancy law.

Wednesday 12 October (date to be confirmed): European Commission proposes European Contract law to boost trade and expand consumer choice

The European Commission will present proposals to bring more coherence to contract laws in the EU. Despite the success of the EU’s Single Market, barriers to cross-border trade remain. Many of these result from divergent sales laws between the 27 Member States. They make selling abroad complicated and costly, especially for small firms. Traders who are dissuaded from cross-border transactions due to contract law obstacles forgo at least €26 billion in intra-EU trade every year. Meanwhile, 500 million consumers in Europe lose out on greater choice and lower prices because fewer firms compete, particularly in smaller national markets. The Commission’s proposals will aim to break down these barriers.

The background:

Under the Europe 2020 strategy (IP/10/225), the Commission is tackling bottlenecks in the Single Market to drive economic recovery. This includes making progress towards a European contract law.

In July 2010, the Commission put forward several options in a Green Paper for a more coherent approach to contract law.

The event:

The Commission will present its proposals and publish two new Eurobarometer surveys. Vice-President Reding will hold a press conference and a technical briefing will also be held (to be confirmed).

The sources:

Contract law in the EU: http://ec.europa.eu/justice/contract/index_en.htm

Vice-President Reding’s website:  http://ec.europa.eu/commission_2010-2014/reding