The proposal for a regulation on a common European sales law. Outline of regulatory impact on sales guarantees introduced by Directive 99/44/EC

Abstract

On 10 October 2011, the European Commission published a Communication—entitled ‘A Common European Sales Law to Facilitate Cross-Border Transactions in the Single Market’. This Communication, working under certain assumptions highlights the need to remove existing obstacles by targeting the substantive law. The Commission expressed its intention to act on the most widespread contract, that of sales. In fact the Proposal for a Common European Sales Law (hereinafter ‘CESL’) provides for a comprehensive set of uniform rules of contract law governing the entire lifecycle of the contract of sale. This body of rules should be part of the national law of each Member State as a ‘second regime’ of contract law, specifically for those contracts that are frequently used in cross-border trade and which urgently require a solution to the barriers it faces. The regime will be common to all Member States; the parties will be able to choose it as the applicable law under the principle of contractual freedom by means of an opt-in system. It will give rise to a complete set of common rules for sales for the benefit in particular, but not exclusively, for online purchases.