Related Services in the Commission Proposal for a Common European Sales Law

Abstract

Due to the policy-driven limitations of the personal and substantive scope of the European Commission's proposal for a Common European Sales Law (CESL) with regard to related services, the Commission did not only miss the present chance to provide a comprehensive service contract law. It also raised the bar for a future one: The provisions on related services in the CESL can hardly serve as a basis and it will be difficult to reconcile such a comprehensive regime with the then already existing one on related services. It would require a substantial review of the acquis including CESL and Draft Common Frame of Reference (DCFR) for which the prospects are not too flourishing given the recent experience with the Consumer Rights Directive. In light of the numerous deficiencies and uncertainties with regard to the CESL's substantive and personal scope as well as its content (which are discussed in the article in great detail including suggestions for improvement), it is very unlikely that parties will opt in to the CESL with regard to related services. Rather, parties may even refrain from opting in to the CESL altogether for the deficiencies of the related services law alone.

Acknowledgement: This article is published in this Research Paper Series with the permission of the rights owner, Kluwer Law International.

Keywords: Common European Sales Law, European Private Law, Service Contracts, Related Services, Draft Common Frame of Reference