26 June 2007

Workshop on European Contract Law

Prof. SCHULTE-NÖLKE, University of Bielefeld, Germany, pointed out an important difference in the purpose of the CFR project and of the review of the consumer acquis: while the CFR project, aiming at the drawing up of a set of definitions and model rules, is primarily an academic exercise and, until present, has lacked a clear political objective, the review of the consumer acquis will lead to a legally binding horizontal consumer directive.

Prof. HESSELINK, University of Amsterdam, the Netherlands, argued in favour of defining special rules for SMEs in the CFR on EU contract law and in the review of the EU consumer acquis. He pointed out that in contrast to what had been announced in the Action Plan on European contract law in 2001, the Commission later drew a clear distinction between business-to-business and business-to consumer contracts and gave priority to the revision of consumer contract acquis, thus distancing itself from the idea of achieving normative coherence in European contract law.

Prof. VENEZIANO, University of Teramo, Italy, expressed a word of caution as regard to the integrated 'horizontal approach' which had been put forward by the Commission as a possible option for the review of the consumer acquis. She argued that the list of issues which are common to all existing consumer directives and which would provide the basis of a horizontal instrument is far from being exhaustive, and there might be a case for including in the instrument further issues, which are currently not the subject of Community harmonisation.

The COMMISSION representatives gave an overview of the recent workshops organised by the Commission in the context of the work on the CFR on contract law, on issues relevant for the review of the consumer acquis; they also pointed to the impossibility of obtaining funding for similar workshops under the 2007-2013 'Civil Justice' programme, since the adoption of the relevant Decision was blocked because of divergences between the institutions on comitology. The Commission representatives also informed members that the draft CFR would be finalised by the end of 2007.

On behalf of the German Presidency, Dr Wolfgang RÜHL, Head of Unit, Law of Obligations and Consumer Protection, Federal Ministry of Justice, welcomed the work undertaken in the areas of the CFR and consumer law, aiming at improving consumer confidence throughout Europe. Mr RÜHL informed members that the Council would take a position on the fundamental aspects of a possible future CFR for European contract law, adding that preparatory work, on the basis of a Presidency paper, would start in the Committee on Civil Law Matters on 21 July 2007.

Council Minutes of the meeting

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