Common European Sales Law: A Missed Opportunity or Better Things to Come?

Abstract

Since the withdrawal of the proposed Common European Sales Law (CESL) presented by the European Commission in late 2014, there has been much talk in commercial quarters as to whether an opportunity had been lost in providing an effective sales law applicable in the EU or whether its withdrawal paves the way for a wider and more effective regime. A regime that will enhance the European Commission’s Digital Single Market Strategy. The Commission explained that ‘In 2015, as part of the Digital Single Market Strategy, the Commission will aim to conclude ongoing inter-institutional negotiations on proposals such as the common European data protection reform and the Regulation on a Connected Continent. It will also propose new initiatives, legislative and non-legislative, to bring the Digital Single Market to the level of ambition needed to respond to the existing challenges. In this context, the Commission will notably complement the regulatory telecommunications environment, modernise EU legislation on copyright and on audiovisual media services, simplify the rules for consumers making online and digital purchases, facilitate e-commerce, enhance cyber-security and mainstream digitisation across policy areas.’ Although the exact nature of the new proposals remains to be seen, it is believed that the new rules will make online purchases by consumers easier.