The Common European Sales Law: 28th Regime, 2nd Regime or 1st Regime?

16 Pages Posted: 20 Mar 2012

See all articles by Giesela Ruhl

Giesela Ruhl

Humboldt University of Berlin

Date Written: March 19, 2012


The article analyses three basic models that can be applied to determine the relationship between the proposed Common European Sales Law (CESL) and the rules of private international law: the ‘28th regime-model’, the ‘2nd regimemodel’, and the '1st regime-model’. It argues that both the '28th regime-model’ and the model favoured by the European Commission, the ‘2nd regime-model’, endanger the overall objective of the CESL because Article 6 Rome IRegulation will continue to apply. The '1st regime-model', in contrast, avoids application of Article 6 Rome I-Regulation because it classifies the CESL as a uniform law that takes precedence over the rules of private international law. The article, therefore, concludes that the European Commission should rethink its position and apply the '1st regime-model’ instead of the ‘2nd regime-model’.

Keywords: Common European Sales Law, Private International Law, Rome IRegulation, Consumer Contracts

Suggested Citation

Ruhl, Giesela, The Common European Sales Law: 28th Regime, 2nd Regime or 1st Regime? (March 19, 2012). Maastricht Faculty of Law Working Paper No. 2012/5, Available at SSRN: or

Giesela Ruhl (Contact Author)

Humboldt University of Berlin ( email )

Unter den Linden 9
Berlin, D-10099

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