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17 November 2011 / Stephan Balthasar
Issue: 7490 / Categories: Features , EU , Commercial
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The wrong vehicle?

Is the common European sales law a Trojan horse, asks Stephan Balthasar

The European Commission has been pursuing efforts to harmonise European contract law for over a decade now. More recently, the project has been gaining speed: in 2010, the Commission published a green paper on policy options for “progress towards a European contract law for consumers and businesses” (COM(2010)348). Following the consultation process, the Commission nominated an expert group to work out a feasibility study, which was published on 3 May 2011. On 11 October, Viviane Reding, Vice-president and Commissioner responsible for justice, fundamental rights and citizenship, presented a proposal for a regulation “on a Common European Sales Law” (COM(2011)635), which she intends to put on the statute book by 2012.

The Commission’s draft regulation provides for an “optional instrument”, the so-called “28th regime”—a contract law that parties to cross-border sales contracts may choose as an alternative to national laws (Art 3 of the draft regulation). The common European sales law is designed to be applied in both B2B and B2C relationships. The

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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