Uit de laatste CC BE nieuwsbrief blijkt dat de CC BE enthousiast is over het voorstel voor een uniform Europees kooprecht:
European lawyers welcome the Common European Sales Law proposal and suggest wider scope
In its position paper adopted on 7 September 2012, the CC BE expressed its support for the proposed Regulation on a Common European Sales Law (CESL) and called on the EU institutions to adopt it, with an enlarged scope.
“The proposal reflects a number of important legal principles underlined by the CC BE and is a useful legal instrument”, said the CC BE President Marcella Prunbauer-Glaser. “We see no reason to limit the scope of the CESL Regulation to cross-border sales and to SMEs, as is the case with the proposal”, she added.
In particular, the CC BE welcomed the fact that the proposal is very much in line with its suggestions that were made in a number of its prior position papers. For instance, in respect of ensuring freedom of contract as a guiding principle underlying the CESL, providing common lists of unfair and potentially unfair contract terms (including for businessto- business transactions), and including the concept of “individually negotiated” contract terms which excludes the applicability of the unfairness test in those cases where the parties were able to influence the terms of the contract.
“With regard to the meaning of “unfair” in contracts between traders, it would be useful to also include a reference to the underlying “legal principles” from which the standard contract terms may not grossly deviate, as a further benchmark of the unfairness test”, Marcella Prunbauer-Glaser said.
Regarding the wording of the text, in order to optimise the practical interest of the CESL, the CC BE recommended clarifying some general concepts open to interpretation (e.g. ‘good faith and fair dealing’, ‘reasonableness’) and carefully verifying the consistency of the terminology used throughout the text and between the different linguistic versions.
The CC BE had issued an earlier preliminary position paper on the proposed CESL, in which it called upon the EU institutions to engage in an in-depth analysis of the appropriateness of the legal basis chosen by the Commission and the relationship of the proposal with Article 6 of the Regulation on the law applicable to contractual obligations (“Rome I”).