Common European Sales Law Unlocking the Potential of the EU market?

Anthony Kenny, European Counsel, The Boston Consulting Group Inc

On 3rd June 2011 Viviane Reding Vice-President of the European Commission ("VP Reding) delivered a key-note speech – "The Next Steps towards a European Contract law for Businesses and Consumers" and announced the intention to introduce a Common European Sales Law Optional Instrument ("CESL"). The speech of VP Reding is a good starting point when considering CESL as it provides a short summary of what is a long history of attempts to harmonise EU Contract law. It is noteworthy that although CESL is positioned as an optional instrument and focused on sales law the speech was delivered at a conference reviewing the future of not just sales law but the much broader topic of European Contract law. VP Reding states; "In many ways, today is a "moment of truth" for European Contract Law." The rationale for CESL is to increase trade between member states and to tackle the challenge that Europe has at least 28 different legal systems and therefore 28 different sets of contract law. A series of studies (Flash Barometer surveys) commissioned by the Commission determined that creating a new contract sales law is key to addressing the lack of cross-border trade in the EU. The answers to questions raised in the survey suggest that the patchwork of laws is perceived as an obstacle and barrier to an increase in the flow of trade in the EU.

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UK Sales Law Consultant May 2012 Vol. 5, No. 19, Spring 2012

Anthony Kenny

Anthony Kenny has been European Counsel at the Boston Consulting Group since 2009. He studied Law and History at Sussex University and qualified as a solicitor. Completed his training contract and qualified at Hogan Lovells. His first role as in-house lawyer was in 1999 as a litigator at BT. Then in 2001 he became EU Counsel at Deloitte and then a risk manager.

The Boston Consulting Group Inc

The Boston Consulting Group (BCG) is a global management consulting firm and the world’s leading advisor on business strategy. We partner with clients from the private, public, and not-for-profit sectors in all regions to identify their highest-value opportunities, address their most critical challenges, and transform their enterprises. Our customised approach combines deep in¬sight into the dynamics of companies and markets with close collaboration at all levels of the client organization. This ensures that our clients achieve sustainable competitive advantage, build more capable organizations, and secure lasting results. Founded in 1963, BCG is a private company with 75 offices in 42 countries. For more information, please visit bcg.com or Bcgperspectives.com a new website that features the latest thinking from BCG experts as well as from CEOs, academics, and other leaders. It covers issues at the top of senior management’s agenda.

UK Sales Law Consultant May 2012 Vol. 5, No. 19, Spring 2012