Common European Sales Law

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The Common European Sales Law (GEK; English Common European Sales Law , CESL), and unit sales law , European Sales Law or optional instrument called, is a proposal for a Regulation of the European Commission of 11 October 2011, COM (2011) 635. It contains purchase regulations, which apply after a selection by the parties (opt-in) and are intended to make cross-border sales contracts more efficient.

Scope and functionality

Objectively, the GEK should at least apply to cross-border sales contracts. In terms of personal applicability, it should be selectable for the relationship between large and small companies (B2KMU) as well as for the relationship between entrepreneurs and consumers (B2C), unlike the UN sales law , which is only applicable between entrepreneurs. In return, the GEK should only be used when the parties choose (opt-in solution), not already - like the UN Sales Convention - automatically except in the case of active deselection (opt-out solution).

discussion

The proposed regulation is currently being discussed controversially and is the subject of numerous conferences and specialist articles. For German jurisprudence, European sales law raises a number of unanswered questions. There is no consensus in the literature regarding the scope of European sales law or the relationship to international private law .

Alleged advantages in particular:

  • Predictability of the applicable material law for the consumer
  • Reduction of transaction costs for companies
  • High level of consumer protection
  • Strengthening the internal market

Alleged disadvantages in particular:

  • Large loopholes, especially in agency and property law
  • Dépeçage instead of legal standardization
  • No expediency, especially in comparison to the exclusionary practice of the UN sales law
  • Missing warning function for consumers or even worse position

Individual evidence

  1. ↑ Proposal for a regulation of the European Parliament and of the Council on a common European sales law (PDF)

literature

  • Martin Blüm: The Common European Sales Law as an essential intermediate step towards a codified European contract law? Jenaer Wissenschaftliche Verlagsgesellschaft, 2015.
  • Horst Eidenmüller , Nils Jansen , Eva-Maria Kieninger , Gerhard Wagner , Reinhard Zimmermann : The proposal for a regulation on a common European contract law - deficits in the latest text level of European contract law. In: Juristen-Zeitung (JZ) 2012, pp. 269–289.
  • Jörg-Uwe Hahn (Ed.): Common European Sales Law. Modern approach or unrealistic vision? CH Beck, Munich 2012.
  • Norman Konecny: The draft regulation on a common European sales law - milestone of European integration or will-o'-the-wisp of European politics? , 2014, ISBN 978-3-631-65306-7
  • Oliver Remien , Sebastian Herrler , Peter Limmer (Eds.): Common European Sales Law for the EU? Analysis of the European Commission's proposal for an optional European contract law of October 11, 2011. CH Beck, Munich 2012.
  • Thomas Rüfner: Seven questions about EU sales law. Or: What you should already know about the proposed regulation for a common sales law , Journal for Legal Studies (ZJS) 04/2012, 476 ( PDF )
  • Martin Schmidt-Kessel (Ed.): A uniform European sales law? An analysis of the Commission's proposal. Sellier, Munich 2012.
  • Martin Schmidt-Kessel (ed.): The draft for a common European sales law. Comment. Sellier, Munich 2014.
  • Hans Schulte-Nölke , Fryderyk Zoll , Nils Jansen, Reiner Schulze (eds.): The draft for an optional European sales law. De Gruyter, Berlin 2012.
  • Reiner Schulze (Ed.): Common European Sales Law (CESL). Commentary. CH Beck / Hart / Nomos, 2012.
  • Dirk Staudenmayer (Ed.): Proposal for a regulation of the European Parliament and of the Council on a common European sales law. CHBeck, Munich 2012.
  • Marina Tamm, The Common European Sales Law as an Optional Instrument - A Critical Analysis , Consumers and Law (VuR) 2012, 1 [1] (PDF; 248 kB)
  • Matthias von Kossak : The Remedial System under the Proposed Common European Sales Law (CESL) , in: European Journal of Commercial Contract Law (EJCCL) 2013, 7

Web links