Proposal for a Regulation on a Common European Sales Law : A Lawyer's Viewpoint

15-10-2012

With reference to B2C transactions, the proposed CESL regulation seems to create unneeded complexity of the legal framework in which consumers and business have to operate, while establishing a burdensome procedure for the choice of CESL as applicable law in the contract. Apart from giving out a certain unease regarding the level of consumer protection afforded by the proposed regulation, such a procedure is likely to discourage both consumers and traders from opting in the system. As to B2B transactions, the CESL seems to overlap with the CISG. This international convention bears several similarities with the proposed CESL and has not proven to be a complete success. The reasons of this partial success may offer EU institutions important lessons for the purpose of avoiding the same problems in the CESL.

With reference to B2C transactions, the proposed CESL regulation seems to create unneeded complexity of the legal framework in which consumers and business have to operate, while establishing a burdensome procedure for the choice of CESL as applicable law in the contract. Apart from giving out a certain unease regarding the level of consumer protection afforded by the proposed regulation, such a procedure is likely to discourage both consumers and traders from opting in the system. As to B2B transactions, the CESL seems to overlap with the CISG. This international convention bears several similarities with the proposed CESL and has not proven to be a complete success. The reasons of this partial success may offer EU institutions important lessons for the purpose of avoiding the same problems in the CESL.

Autorzy zewnętrzni

Francesco Sciaudone Grimaldi (Studio Legale Italy)