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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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