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

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