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Transposition and implementation of the Directive on Late Payments in commercial transactions: Implementation in Action

15-07-2015

This in-depth analysis, produced by the Ex-Post Impact Assessment Unit of the European Parliamentary Research Service (EPRS), aims to present an updated overview of the state of transposition of Directive 2011/7/EU on late payments in commercial transactions. An analysis of the state of implementation and on the operation in practice of the directive is also provided. It has been drafted following the Internal Market and Consumer Protection (IMCO) Committee's first "scrutiny session" with the European ...

This in-depth analysis, produced by the Ex-Post Impact Assessment Unit of the European Parliamentary Research Service (EPRS), aims to present an updated overview of the state of transposition of Directive 2011/7/EU on late payments in commercial transactions. An analysis of the state of implementation and on the operation in practice of the directive is also provided. It has been drafted following the Internal Market and Consumer Protection (IMCO) Committee's first "scrutiny session" with the European Commission, on 23rd June 2015, focussing on this directive. Please click here for the full publication in PDF format

Common European Sales Law: Research Paper on the Economic Aspects of the European Commission's Impact Assessment

15-02-2013

In recent years, an extensive debate has evolved on the need for harmonisation of European sales law, with the existing diversity of contract laws in Member States being perceived as a barrier to trade and hence as burdensome for the European internal market. In November 2010 the European Commission commissioned a study supporting its Impact Assessment (IA) preparation on this matter. This report suggests that differences in contract law between Member States (MS) do create a barrier to trade, and ...

In recent years, an extensive debate has evolved on the need for harmonisation of European sales law, with the existing diversity of contract laws in Member States being perceived as a barrier to trade and hence as burdensome for the European internal market. In November 2010 the European Commission commissioned a study supporting its Impact Assessment (IA) preparation on this matter. This report suggests that differences in contract law between Member States (MS) do create a barrier to trade, and the value of trade foregone each year between MS due to differences in contract law amounts to some tens of billions of euros. The aim of this paper is to assess the robustness and validity of the method used by the Commission to calculate opportunity and transaction costs, as well as the soundness of the economic model applied to the assessment of policy options; and to assess the reliability of the Commission's assumptions in this respect and whether they can stand up to scrutiny.

Autor externo

Mitja Kovač

The Functioning of the CESL within the Framework of the Rome I Regulation

15-10-2012

This study examines the relationship between the CESL and the Rome I Regulation and will attempt to ascertain to what extent this relationship will encourage cross-border B2C trade, by enabling traders wishing to do business throughout the EU to be subject to the CESL’s mandatory provisions, rather than the national public policy laws of the 27 European Union Member States. This study will then make it possible to determine whether these overriding mandatory provisions of the CESL provide a high ...

This study examines the relationship between the CESL and the Rome I Regulation and will attempt to ascertain to what extent this relationship will encourage cross-border B2C trade, by enabling traders wishing to do business throughout the EU to be subject to the CESL’s mandatory provisions, rather than the national public policy laws of the 27 European Union Member States. This study will then make it possible to determine whether these overriding mandatory provisions of the CESL provide a high level of consumer protection, compared to the domestic consumer rights legislation in the countries of the European Union.

Autor externo

Martine BEHAR-TOUCHAIS (Université Panthéon-Sorbonne-Paris I, France) with the collaboration of Zoé JACQUEMIN (Universités Panthéon-Assas-Paris II, France and Humbolt, Berlin, Germany)

State of play of the implementation of the provisions on advertising in the unfair commercial practices legislation

12-07-2010

All Member States have implemented the Unfair Commercial Practices Directive (UCPD), but not all of the new provisions in the implementation laws have been tested yet. In some Member States court decisions are still rather limited and it is too early for a final evaluation of the UCPD. The technical choices made differ dramatically. The implementation of the UCPD can be found in civil codes, acts against unfair competition, consumer law codes and specific regulations copying out the UCPD. In addition ...

All Member States have implemented the Unfair Commercial Practices Directive (UCPD), but not all of the new provisions in the implementation laws have been tested yet. In some Member States court decisions are still rather limited and it is too early for a final evaluation of the UCPD. The technical choices made differ dramatically. The implementation of the UCPD can be found in civil codes, acts against unfair competition, consumer law codes and specific regulations copying out the UCPD. In addition, not only the place where the UCPD has been implemented, but also how it has been implemented (e.g. implementation of definitions and of Annex I), differs. This makes it difficult for consumers, enforcement agencies and businesses alike to find the relevant piece of legislation.

Autor externo

Dr. Frank Alleweldt (Project director) ; Prof. Dr. Susanne Augenhofer (Lead author) ; Prof. Dr. Jan Kabel (Second reader) ; Dr. Senda Kara ; Mr Rémi Béteille - Civic Consulting, Berlin

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