Common Sales Law
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COMMON EUROPEAN SALES LAW ARTICLE by Paul Abbiati 17 October 2011
Common European Sales Law Article
Common European Sales Law Article http://www.publicserviceeurope.com/article/997/is-a-common-sales-law-for-europe-possible
Common European Sales Law Article: the Article’s author Paul Abbiati is an -EU Commission CFR-net expert member -Spoke at the Swedish EU Presidency Conference on EU Contract Law on behalf of business, October 2009 -Co-Chair of the ICC Task Force on EU Contract Law 2006-2010 e-mail: law@abbiati.co.uk
Common European Sales Law Article: the Article’s author Paul Abbiati spoke at The Swedish EU Presidency Conference on EU Contract Law on behalf of business, October 2009 -EU Commission CFR-net expert member -Speaker at the Swedish EU Presidency Conference on EU Contract Law on behalf of business, October 2009 -Co-Chair of the ICC Task Force on e-mail:law@abbiati.co.uk
Common European Sales Law Article: The European Law Instiute Paul Abbiati is a Fellow of The European Law Institute -EU Commission CFR-net expert member -Speaker at the Swedish EU Presidency Conference on EU Contract Law The European Law Institute (ELI) is an independent non-profit organisation established to initiate, conduct and facilitate research, make recommendations and provide practical guidance in the field of European legal development behalf of business, October 2009 -
Summary: The European Commission is proposing to introduce a common European Sales Contract Law that is identical in all member states - allowing firms to use the same contract law whether they sell to one or several EU countries and granting a high level of consumer protection through clear consumer rights. The commission says that the common European sales law will not replace national laws. Rather, it will allow sellers that are considering entering a new market to offer an optional system of contract rules that is identical in all EU countries. Those who do not want to use it can simply continue using the existing national rules. But, consultation responses to the commission and European ministries of justice have raised concerns about the use of such a law - including that if both consumers and businesses agree on using the common European sales law, the level of consumer protection provided could be lower than that under national consumer protection laws. For example, in the UK, protection is given for credit card holders under Section 75 of the Consumer Credit Act 1974. Also, the use of the proposed law by both consumers and businesses will result in confusion and reduce understanding of both national consumer protection laws and business laws. Article by Paul Abbiati UK stakeholder Fellow of the European Law Institute
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