Civil and commercial law: alignment, contract law
2001/2187(COS)
The Commission Communication on European contract law of July 2001 launched a process of consultation and discussion about the way in which problems resulting from divergences between national contract laws in the EU should be dealt with at the European level.
The present Action Plan maintains the consultative character of this process and presents the Commission's conclusions. It confirms the outcome of that process, i.e. that there is no need to abandon the current sector-specific approach. It also summarises the problems identified during the consultation process, which concern the need for uniform application of EC contract law as well as the smooth functioning of the internal market.
This Action Plan suggests a mix of non-regulatory and regulatory measures in order to solve those problems. In addition to appropriate sector-specific interventions, this includes measures:
- to increase the coherence of the EC acquis in the area of contract law,
- to promote the elaboration of EU-wide general contract terms, and
- to examine further whether problems in the European contract law area may require non-sector-specific solutions such as an optional instrument.
In order to promote the elaboration by interested parties of EU-wide general contract terms, the Commission intends to facilitate the exchange of information on existing and planned initiatives both at a European level and within the Member States. Furthermore, the Commission intends to publish guidelines, which will clarify to interested parties the limits which apply.
All parties that wish to contribute to the debate are requested to send their contribution by 16.5.2003.�