The European Commission has finally got round to publishing its controversial draft Regulation for a Common European Sales Law. This represents the culmination of the discussions in recent years concerning the development of a “European contract law”.
It is intended that the Common European Sales Law will sit alongside member states’ domestic contract law, and can be used by parties to govern cross-border transactions where at least one party is based in the EU, and both parties expressly agree to its application.
The law can be used for business-to-consumer transactions for the sale of goods and ancillary services, including digital content. The law can also be used for transactions between businesses where at least one party is a small or medium enterprise.
Member states may also choose to make the law available for use in domestic business-to-consumer and business-to-business transactions.
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