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17 November 2011 / Stephan Balthasar
Issue: 7490 / Categories: Features , EU , Commercial
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The wrong vehicle?

Is the common European sales law a Trojan horse, asks Stephan Balthasar

The European Commission has been pursuing efforts to harmonise European contract law for over a decade now. More recently, the project has been gaining speed: in 2010, the Commission published a green paper on policy options for “progress towards a European contract law for consumers and businesses” (COM(2010)348). Following the consultation process, the Commission nominated an expert group to work out a feasibility study, which was published on 3 May 2011. On 11 October, Viviane Reding, Vice-president and Commissioner responsible for justice, fundamental rights and citizenship, presented a proposal for a regulation “on a Common European Sales Law” (COM(2011)635), which she intends to put on the statute book by 2012.

The Commission’s draft regulation provides for an “optional instrument”, the so-called “28th regime”—a contract law that parties to cross-border sales contracts may choose as an alternative to national laws (Art 3 of the draft regulation). The common European sales law is designed to be applied in both B2B and B2C relationships. The Commission’s overarching aim is to remove obstacles to cross-border trade

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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