header-logo header-logo

Europe online

23 March 2012 / Colin Moore , David Hertzell
Issue: 7506 / Categories: Features , Commercial
printer mail-detail
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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll