This study provides an in-depth and detailed comparison between the CFR and the proposed Consumer Rights Directive. Furthermore, it identifies those provisions of the CFR which could be used when amending the Proposal for a Consumer Rights Directive in the framework of the legislative procedure....

In 2003, the European Commission published its Action Plan on European contract law. That plan formed an important step towards a European Civil Code. In its Plan the Commission tried to depoliticise the codification process by asking a group of academic experts to prepare what it called a...

This paper argues that the EU can be held morally responsible for ensuring justice in the internal market. In particular, the EU must prevent and sanction unjust market conduct by private parties through appropriate private law rules and ensure at least minimal protection of the private rights...

This paper discusses the relationship between contract law and justice. In particular, it addresses the question whether the presence or absence of an unfair price rule could make a system of contract law, and thus the society to which it belongs, become unjust. The question is not merely a...

At its plenary session of 26 February 2014 in Strasburg, the European Parliament voted in favour of the Common European Sales Law (CESL). The legislative resolution, which was adopted by a large majority, includes two amendments which significantly extend the protection of consumers against...

The European Commission’s recent proposal for a common European sales law was made in a political climate of rising nationalism. The Commission makes a solid economic and constitutional (legal basis) case for its proposal. However its argument, which focuses exclusively on the internal market,...

This is our Introduction to the forthcoming book Precontractual Liability in European Private Law. In the Introduction we explain the aim and method of our project. In particular, we defend the common core method against its critics as a legitimate method for conducting comparative legal research

It has been suggested recently by several scholars that the ideas of Friedrich von Hayek should play a prominent role in shaping the future of European private law. This paper examines what we can learn from Hayek for the further development of European contract law. Hayek rightly underlines...

It seems likely that an optional instrument on European contract law could have some positive impact on cross-border trade, although its size remains very difficult to estimate. Whether an optional instrument will increase legal certainty depends on the degree to which the European legislator...