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

This page provides a list of links to the key documents and background materials referred to in the advice.


"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:


"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”:

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:

And further consultation published in May 2011:

"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

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

"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:

"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:

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


"CJEU" = Court of Justice of the European Union

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

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

 "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:

"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:

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

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