In this paper it is argued that in order to be effective, the Optional Instrument’s scope should be as broad as possible. This implies it should be available to both cross-border and domestic contracts, both to B2B- and B2C-contracts, and substantively it should deal with both general contract...

On 8 October 2008 the European Commission submitted the proposal for a new Consumer rights directive to the European Parliament and the Council of Ministers. This paper discusses the type of harmonisation that is foreseen in the proposed directive. It first addresses the choice between minimum...

The Unfair Contract Terms Directive offers consumers protection from pre-arranged imbalanced contract terms. While the standard terms and conditions and privacy policies used by online service providers have previously been accused of harming clients of such online services, a comprehensive...

The European Commission is preparing a fitness check of existing European legislation. The Unfair Contract Terms Directive is one of the directives that are being looked into. In this paper, which contains the introduction to a book on new international perspectives in standard terms...

On 9 December 2015, the European Commission submitted a proposal for a directive for contracts for online and other distance sales of goods, and a proposal for a directive on digital content. This paper discusses the scope of the proposals, conformity and remedies, and matters regarding the...

When the Covid-19 crisis erupted, in order to prevent instant bankruptcy, throughout the world tour organisers issued vouchers representing the value of the cancelled holiday to consumers instead of reimbursing them in cash. Tour organisers in the EU did the same. In this paper, I will address...

Since the outbreak of the Covid-19 pandemic, package travel contracts have been cancelled throughout the world, both before and after departure of individual consumers. In this paper I will discuss whether and to what extent courts and recognised ADR entities may rely on national contract law...

This paper looks into several aspects of Book IV.A of the Draft Common Frame of Reference and, in particular with regard to remedies, of Book III DCFR. Where appropriate, these provisions are compared with the corresponding provisions in the Principles of European Law on Sales (PELS) and,...

In this paper, it is argued that even though the legal basis of an Optional Instrument (OI) seems fragile as it does not lead to harmonisation but to the introduction of a new regime next to the national legal systems. This seems to imply that the legal basis should not be Art. 115 TFEU, but...

If the Common European Sales Law (CESL) is adopted, commercial parties will have the opportunity to choose between two international legal instruments for the regulation of their international commercial sales contracts. Whereas CESL is available to both consumer and commercial sales contracts,...