header-logo header-logo

Home Login E-newsletter About us
23 March 2012 / Colin Moore , David Hertzell
Issue: 7506 / Categories: Features , Commercial
printer mail-detail

Europe online

© Copyright LexisNexis 2026. All Rights Reserved.
istock_000016393107medium_4

David Hertzell & Colin Moore examine the potential benefits & pitfalls of the Common European Sales Law

The European Commission published a proposed regulation for a Common European Sales Law (CESL) in October 2011. Its intention is to improve cross-border trade within the EU by removing legal barriers which increase the cost of doing business with other member states. As the title makes clear, the CESL is a proposed law for the sale of goods (and certain related services) across Europe. In essence it is two separate proposals: one for business-to-business transactions (considered in “The wrong vehicle”, 161 NLJ 7490, p 1589) and the other for business-to-consumer transactions.

The Law Commission and Scottish Law Commission were asked to advise the government about the potential advantages and problems of the CESL. This article focuses on business-to-consumer sales. The Commissions think that there is a case for an optional distance selling code, which could bring benefits to British businesses, but much more thought needs to be given to the details of the proposal.

Rome I:

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Read All
NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Copyright © 2026 LexisNexis
back-to-top-scroll