Unfair Contract Terms in Business-to-Consumer Contracts in the Proposed Common European Sales Law

European Parliament publication, May 2012

9 Pages Posted: 11 Nov 2017

See all articles by Agustin Reyna

Agustin Reyna

BEUC, The European Consumer Organisation

Ursula Pachl

BEUC, The European Consumer Organisation

Date Written: May 1, 2012

Abstract

The Commission’s proposal for a Common European Sales Law aims to introduce an “optional” sales law regime for consumer contracts. BEUC, the European consumer organisation, is not in favour of this new regulatory approach as it would duplicate existing EU law, weaken the position of consumers in cross-border contracts by precluding the application of higher protection standards in many national laws, particularly in the field of unfair contract terms, thereby reducing consumer confidence and undermining legal certainty. The proposed ‘optional’ EU law would also bring to a halt what has been to date a highly successful development of an EU consumer law acquis, thereby preventing European consumers benefiting from the necessary modern and solid legal framework. This report illustrates the main flaws of the proposed CESL in the specific field of unfair contract terms.

Keywords: Consumer Law, Contract Law, Common European Sales Law, Unfair Contract Terms

JEL Classification: K1, K10, K12, K3, K39

Suggested Citation

Reyna, Agustin and Pachl, Ursula, Unfair Contract Terms in Business-to-Consumer Contracts in the Proposed Common European Sales Law (May 1, 2012). European Parliament publication, May 2012, Available at SSRN: https://ssrn.com/abstract=3064692 or http://dx.doi.org/10.2139/ssrn.3064692

Agustin Reyna (Contact Author)

BEUC, The European Consumer Organisation ( email )

Ursula Pachl

BEUC, The European Consumer Organisation ( email )

80 rue d'Arlon
Brussels, Brussels 1040
Belgium

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