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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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