Comments on the Action Plan of the Commission for a more coherent European contract law

Published: 14 July 2003

Policies & Issues: Legal

Orgalime in principle supports the Commission's action plan.  We welcome in particular the fact that the harmonisation of civil law within Europe is being approached in a considered manner.  We are of course especially pleased to see that the Commission aims to promote European wide standard contracts of which companies in our industry are already major users.

However, we believe that some elements of the action plan, in particular the creation of a uniform frame of reference, could lead to problems.  We are especially wary of the plan to extend such a frame of reference into a so-called ‘optional instrument’.  Orgalime has also reservations with respect to the approach chosen by the Commission, i.e. to rely on scientific research and comparative studies of law.  These are often too theoretical.  We rather suggest that instead of commissioning new studies, existing research should be examined in respect to their practicability. It is particularly important to us that industry should, as a major stakeholder, be involved in the work and the ongoing process.
 

References: COM (2003) 68

Related Position Papers

Legal: Orgalim calls for a swift ratification of the Unified Patent Court Agreement [15 June 2020]

Legal: Orgalim input on the GDPR review and evaluation [12 June 2020]

Legal: Orgalim comments on the draft guidance document on the Product Liability Directive [13 February 2020]

Orgalime views on the European Commission proposal on Collective Redress [23 November 2018]

Orgalime comments on the European Commission proposal for a Regulation setting out the conditions and procedure by which the Commission may request undertakings and associations of undertakings to provide information in relation to the Internal Market [29 June 2018]

Orgalime comments on the proposal for a Directive on certain aspects concerning contracts for the sales of goods [20 February 2018]

Orgalime comments on the evaluation of the Product Liability Directive [25 April 2017]

Orgalime comments on the guidance document on the Non-Financial Reporting (NFR) Directive [1 March 2017]

Orgalime comments on the European Commission initiative on “Building the EU Data Economy” [21 September 2016]