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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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