Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A common European Sales Law to facilitate cross-border transactions in the single market

Author (Corporate)
Series Title
Series Details (2011) 636 final (11.10.11)
Publication Date 11/10/2011
Content Type

One of the European Union’s most significant achievements is the single market of 500 million consumers. Its fundamental freedoms entitle businesses and citizens to move and interact freely in a borderless Union. The steady lowering of barriers between EU Member States has brought numerous benefits to citizens, such as the freedom to travel, study and work abroad.

Citizens in their capacity as consumers have enjoyed a number of economic benefits such as lower air fares and mobile telephone roaming charges and the possibility to access a larger variety of products. Traders have been able to expand their activity across borders, by importing or exporting goods, providing services or establishing themselves abroad. Thus they benefit from the economies of scale and the greater business opportunities that the single market offers.

Despite these impressive successes, barriers between the EU Member States still remain. They do not always allow citizens and businesses to take full advantage of the single market and more specifically cross-border trade. Many of these barriers result from differences between national legal systems. Among the main barriers that hinder cross-border trade are differences between the contract law systems of the EU’s 27 Member States.

Following extensive consultation with stakeholders, and on the basis of an impact assessment, the Commission has decided to bring forward a proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law. This proposal is meant as a contribution to enhancing growth and trade in the internal market on the basis of freedom of contract and a high level of consumer protection, in line with the principles of subsidiarity and proportionality.

The Commission proposal for a Common European Sales Law foresees a comprehensive set of uniform contract law rules covering the whole life-cycle of a contract, which would form part of the national law of each Member State as a 'second regime' of contract law. This ‘second regime’ is carefully targeted to those contracts that are most relevant to cross-border trade, and where the need for a solution to the barriers that have been identified is most apparent.

Source Link Link to Main Source http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0636:FIN:EN:PDF
Related Links
EUR-Lex: COM(2011)636: Follow the progress of this document through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2011:636:FIN
European Commission: SEC(2011)1165: Impact assessment http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2011:1165:FIN:EN:PDF
European Commission: SEC(2011)1166: Summary of the impact assessment http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2011:1166:FIN:EN:PDF
European Commission: COM(2011)635: Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0635:FIN:EN:PDF

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