Opting for the common European Sales Law

Abstract

In October 2011, The European Commission published a Proposal for a Regulation on a Common European Sales Law –CESL-. The most important character of this text is its optional nature. Also, from a choice of law perspective, the European Commission has characterised the optional instrument as a “second national regime” rather than as a “28th regime”. As a consequence, the CESL would only applies if the parties agree its application (“opting in”), and if the law of a Member State is otherwise applicable.