SMEs in European Contract Law: Background Note for the European Parliament on the Position of Small and Medium-Sized Enterprises (SMEs) in a Future Common Frame of Reference (CFR) and in the Review of the Consumer Law Acquis

29 Pages Posted: 7 Feb 2008 Last revised: 1 Apr 2011

See all articles by Martijn W. Hesselink

Martijn W. Hesselink

European University Institute; University of Amsterdam

Date Written: July 5, 2007

Abstract

The aim of this paper is to identify what the position of SMEs should be in a draft Common Frame of Reference on EU contract law and in the review of the EU consumer acquis. In particular, this paper answers the following questions: How can the position of SMEs be defined in relation to the distinction between B2B and B2C contracts? Should consumer protection in the revised acquis and in the CFR be extended to SMEs? How can the European Union further facilitate cross-border transactions (B2B and B2C) by SMEs? Finally, it addresses the importance of normative coherence (treating like cases alike).

Keywords: sme, contract law, european union, common frame of reference, consumer protection

Suggested Citation

Hesselink, Martijn W., SMEs in European Contract Law: Background Note for the European Parliament on the Position of Small and Medium-Sized Enterprises (SMEs) in a Future Common Frame of Reference (CFR) and in the Review of the Consumer Law Acquis (July 5, 2007). Centre for the Study of European Contract Law Working Paper No. 2007/03. Available at SSRN: https://ssrn.com/abstract=1030301 or http://dx.doi.org/10.2139/ssrn.1030301

Martijn W. Hesselink (Contact Author)

European University Institute ( email )

Villa Salviati
Via Bolognese 156
Florence, 50139
Italy

University of Amsterdam ( email )

University of Amsterdam, Faculty of Law
P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

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