On 28 February the government released its
call for evidence on the proposal for an optional Common European Sales Law (PDF). The scope
includes business-to-consumer and business-to-business contracts
for the sale of goods and digital content with related services.
There are certain exclusions, for example, for financial and
insurance services.
The Law Society supports the aim to improve the functioning of
the single market but is not convinced that national contract laws
pose a material barrier to trade or that the proposal will provide
the foreseen benefits. The key barriers include differences in
language, VAT rates and the ability to obtain access to practical
redress if something goes wrong.
We consider that the initiative may result in greater complexity
and confusion for businesses and consumers. It is, however, very
important that the Law Society should engage in the detailed debate
surrounding the proposal and we seek practitioners' views on all
aspects of the proposal to inform our response.
We welcome the opportunity to provide comments and continue to
consult with our members. If you would like to provide input or
attend a forum discussion on this issue, please contact us at brussels@lawsociety.org.uk.
Read
more about the proposals