Redress in Europe and the Trap under the CESL

European Review of Contract Law (ERCL), Vol. 9, No. 2, pp. 109-142, June 2013

DOI: 10.1515/ercl-2013-0007

Max Planck Private Law Research Paper No. 12/17

35 Pages Posted: 22 Sep 2012 Last revised: 14 Jun 2013

See all articles by Martin Illmer

Martin Illmer

Max Planck Institute for Comparative and International Private Law

Juan Carlos Dastis

Max Planck Institute for Comparative and International Private Law

Date Written: August 23, 2012

Abstract

While redress in chains of contracts is addressed by Directive 1999/44 (Consumer Sales Directive) and the Member States’ national laws implementing the former, the European Commission proposal for a Common European Sales Law (CESL) does not provide for any redress safeguards. Rather, it appears that the CESL overlooked the issue. Considering that the CESL is an opt in instrument and that its primary goal is to protect and encourage small and medium sized companies (SME) to make the most out of the internal market, the CESL’s non-approach to the redress issue may prove to be a significant hindrance to an opt in. After setting out the context of liability in chains of contracts and assessing the potential approaches to it, the article discusses the specific problems of redress in cross-border cases before examining more closely the CESL’s approach to redress constellations and possible solutions to the problem. The examination of the redress issue as a matter of substantive law is supplemented by an excursus on the procedural safeguards of redress in cross-border cases.

This publication is with permission of the rights owner freely accessible due to an Alliance licence and a national licence (funded by the DFG, German Research Foundation) respectively.

Keywords: Common European Sales Law, Redress, Chains of Contracts, Consumer Sales Directive, Sale of Goods

Suggested Citation

Illmer, Martin and Dastis, Juan Carlos, Redress in Europe and the Trap under the CESL (August 23, 2012). European Review of Contract Law (ERCL), Vol. 9, No. 2, pp. 109-142, June 2013; DOI: 10.1515/ercl-2013-0007; Max Planck Private Law Research Paper No. 12/17. Available at SSRN: https://ssrn.com/abstract=2143102

Martin Illmer (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

Juan Carlos Dastis

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

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