The proposed Common European Sales Law - useful links

On 11 October 2011, the European Commission published a proposal for a Common European Sales Law (or "CESL") which traders may choose to use to govern their cross-border contracts.  Following a reference from the Ministry of Justice and the Department of Business, Innovation and Skills, the Scottish Law Commission and the Law Commission of England and Wales published joint advice on the advantages and problems of the CESL.  A summary of that advice can be found here. 

THE PROPOSED CESL

"CESL" = Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law, COM(2011) 635 final, Annex I:

• European Commission proposal for a Regulation
• European Commission press release with FAQs and factsheets 

PREVIOUS INITIATIVES IN THE DEVELOPMENT OF A COMMON CONTRACT LAW

"Feasibility Study" = Draft rules of contract law which led to the CESL and were developed by an Expert Group established by the European Commission.  The first working draft was referred to as the "8 July 2011 draft". The second was made public on 6 September 2011 and was entitled “Contract Law, Work in Progress, Version of 19 August 2011”:

• Draft rules of contract law
• Background to Expert Group drafts

These rules were the result of feedback on a European Commission Green Paper on policy options for progress towards a European Contract Law for consumers and businesses, COM(2010) 348 final, published in July 2010:

• EC Green Paper
• Background to EC Green Paper 

And further consultation published in May 2011:

• Further consultation following EC Green Paper

"DCFR" = Draft Common Frame of Reference: Principles, Definitions and Model Rules of European Private Law, Full Edition: Christian von Bar, Eric Clive (eds), 6 vols, 2009

• Outline edition of DCFR

"CFR" = Common Frame of Reference for European Contract Law:

• Background and "latest developments"
• Joint Network on European Contract Law (CoPECL) -established to deliver the CFR

"PICC" = UNIDROIT Principles of International Commercial Contracts, first published in 2004 and updated in 2010 to add provisions on restitution, illegality, conditions, and plurality of obligors and obligees:

• UNIDROIT PICC, 2004
• UNIDROIT PICC, 2010

"PECL" = The Principles of European Contract Law, published in three parts between 1995 and 2002 by the Commission on European Contract Law chaired by Ole Lando and partly funded by the European Union:

• PECL, Parts I (1995) + II (1999)
• PECL, Part III (2002)

"CISG" = The United Nations Convention on Contracts for the International Sale of Goods, 1980

• The Convention
• Background

RELEVANT EXISTING LAW

"CJEU" = Court of Justice of the European Union

• Decisions of the CJEU since 17/06/1997
• Decisions of the CJEU prior to 17/06/1997

"CRD" = Directive 2011/83/EU on consumer rights, OJ L 304, p.64 of 22.11.2011

• The Directive

"TFEU" = Treaty on the Functioning of the European Union.

• Consolidated version of Treaty (OJ C 83, p. 47 of 30.3.2010)

 "Rome I" = Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I)

 The Regulation

"Brussels I” = Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters:

• Consolidated version of Regulation (OJ L 12, p. 1 of 16.1.2001)
• Background information and summary

"CSD" = Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees, OJ L 171, p.12 of 7.7.1999:

• The Directive

"UTCCR" = The Unfair Terms in Consumer Contracts Regulations 1999/2083:

• The Regulations

 "UTD" = Directive 93/13/EEC on unfair terms in consumer contracts, OJ L 95, p. 29 of 21.4.93:

• The Directive