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Common European Sales Law: A perspective from smaller EU countries.

There are 28 Member States to the European Union. While they broadly share a set of common values, differences will still arise between them. Contradicting opinions may be rooted in historical divides, such as established cultural principles, and others may be more present, countries have diverging economic markets and therefore have vested interests to protect […]

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Older yet wiser: European Commission’s new proposals on online sales contract

Four years after its proposal on a Common European Sales Law, the European Commission announced on 9 December 2015, proposals for a Directive ‘on certain aspects concerning contracts for the online and other distance sales of goods’ (‘Online Sales Contract Directive’). Please see http://ec.europa.eu/justice/contract/files/directive_-_goods.pdf. The European Commission acknowledged its debt to the experience gained during […]

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CESL as Part of Broader EU Policy

The European Union has a long and convoluted history, with successor treaties and consolidations of various bodies. The principles, remits, and policy objectives of these amalgamations are reflected in the Charter of Fundamental Rights of the European Union. The preamble of the Charter establishes the primary purposes of the Union, one of which is the […]

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Subsidiarity and CESL

Under the principle of Subsidiarity, the EU shall act only where the proposed objectives cannot be sufficiently achieved by Member States at central, regional or local levels, but can be better achieved at Union level.[1] National parliaments have the right to raise ‘reasoned opinions’ as to why they believe a draft legislative act does not […]

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Consumer Rights Directive and CESL

With the Consumer Rights Directive (CRD) [1] coming into force on the 13 June 2014, does this negate the need for CESL [2] (or a similar instrument)? One of the objectives of the CRD was to provide standard rules for consumer contracts, whilst moving away from the ‘minimum harmonisation’ approach to full harmonisation of consumer […]

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The Leading European Consumer Organisation (BEUC) – Calls for rejecting CESL

Reviewing the CESL from the viewpoint of BEUC [1], a leading consumer organisation within Europe, the underlining opinion has been to reject the contract law proposal. One of the first letters to the MEPs on the CESL [2], BEUC categorically stated that the ‘optional’ CESL would not provide added value to consumers or SMEs, ‘but […]

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Impact of CESL on SMEs

The purpose behind the CESL was to remove obstacles for consumers and SMEs in cross-border trading. Recognising that SMEs usually have weaker bargaining positions when dealing with large companies, as well as the difficulty in finding about the appropriate foreign contract laws and the increased cost of trading, the CESL was to bring harmonisation to […]

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European Commission’s proposals for new directives on contracts for the supply of digital content -a summary

On 9 December 2015, the European Commission unveiled its new proposals for directives on contracts for the supply of digital content and on contracts for the online and other distance sales of goods across the EU  http://europa.eu/rapid/press-release_IP-15-6264_en.htm). These proposals are available at:   http://ec.europa.eu/justice/contract/files/directive_-digital_content.pdf (contracts for the supply of digital content (‘Digital Content Contract Directive’)) and http://ec.europa.eu/justice/contract/files/directive_-_goods.pdf […]

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The rejected cause of having a Europe-wide ”Common European Sales Law ? : The Opinions of The Bar Council of England and Wales, The Scottish Law Commission, The Council of Bars and Law Societies of Europe in question.

The main aim of the European Commission’s introduction of the draft Common European Sales Law (commonly known as the CESL) was to harmonize the contract law of the twenty eight member states on the European Union to ensure ease of trade [1] and prevent barriers such as uncertainty as to which member states’ law would […]

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Were BEUC’s concerns over the Common European Sales Law (un) realistic?

The European Consumer Organization, or the BEUC, is an organization of 41 independent consumer’s originations from 31 European Countries [1]. The gist of the BEUC’s function is “to investigate EU decisions and developments likely to affect consumers, with a special focus on five areas identified as priorities by our members: Financial Services, Food, Digital Rights, […]

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