Common European Sales Law

Referrals: COM(2011) 635 final - 2011/0284 (COD) and COM(2011) 636 final

Key points:
The Committee welcomes the Commission's intention to facilitate the expansion of cross-border trade for businesses, encourage cross-border purchases by consumers and consolidate the advantages of the internal market.

However, with regard to the content, the Committee considers that the proposal for a regulation needs a number of important improvements. The EESC highlights the following key issues:

•  there are major difficulties in the implementation of the Common European Sales Law;
• greater allowance must be made for specific characteristics of SMEs;
• European model contracts must be drawn up in consultation with employer, SME and consumer organisations;
• stronger legal certainty must be guaranteed and the content of the Common European Sales Law improved;
• consumer and SME protection requirements must be taken fully into consideration.

Furthermore, the EESC suggests dividing up the Common European Sales Law into two separate documents covering B2B and B2C contracts respectively. The Committee attaches also great importance to the optional nature of the new rules. It stresses as well that the Common European Sales Law must comply fully with the principles of subsidiarity and proportionality.

Earlier EESC opinions:

• European contract law, CESE 60/2011, INT/524, OJ C 84, 17.03.2011, p. 1
• The 28th regime, CESE 758/2010, INT/499, OJ C 21, 21.01.2011, p. 26

For more information please contact the INT Section Secretariat