The Consumer Rights Directive and the CFR: Two Worlds Apart?
Martijn W. Hesselink
University of Amsterdam - Centre for the Study of European Contract Law (CSECL)
February 20, 2009
European Review of Contract Law, Vol. 5, No. 3, pp. 290-303, 2009
Juridiska Föreningens Tidskrift (JFT), No. 3-4/2009, pp. 298-309, 2009
Briefing note for the European Parliament, February 2009, PE 410.674
Centre for the Study of European Contract Law Working Paper Series No. 2009/02
At present, the proposal for a Consumer Rights directive and the draft Common Frame of Reference are almost entirely disconnected. This is surprising in the light of the Commission's original plans. It is also unfortunate in the light of the CFR's potential for making European contract law more coherent.
The proposed directive fits very well into a scenario which could lead to a European Code of Consumer Rights in one or two decades. If, indeed, the proposed Consumer Rights directive is meant to provide the foundation for such a European Consumer Code the European Commission should make its intention clear today. Such transparency is in the interest of all stakeholders. The Council of the European Union and the European Parliament should also express their position on this issue.
The level of consumer protection in the proposed directive is significantly lower than that adopted in the DCFR. The European Parliament may therefore wish to decide to use the model rules contained in the DCFR as a basis for tabling amendments to the proposed Consumer Rights directive, as it was suggested by the Commission in its Action Plan.
Number of Pages in PDF File: 13
Keywords: consumer, contract, CFR, European private law, directiveAccepted Paper Series
Date posted: February 20, 2009 ; Last revised: April 1, 2011
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