![]() Proposal is quite similar with the CESLĪnd it can be read in way that trader is bound by its offer even if information duties are notįulfilled. Proposed Article 4(3) states that agreement to opt-into the CESL is not binding to consum-Įr if trader does not fulfill its information duties. Where the trader has also made reference to Notwithstanding the rule in paragraph 1, the Common European Sales Law shall govern compliance with and remedies for failure to comply with the pre-contractual information duties, and other matters that are relevant before the conclusion of aĬontract, where the parties enter into negotiations, or otherwise take preparatory steps for the conclusion of a contract, with reference to the Common European Sales Law. 132–133, Paragraph 5 of the proposed Article 4: 4. Statement of the European Law Institute (ELI) on the Proposal for a Regulation on a Common European Where the trader has failed to comply with the requirements under para- graph 3, the consumer shall not be bound by the agreement to use the Com- mon European Sales Law until the requirements have been complied with and the consumer has expressly consented subsequently to the use of the Common European Sales Law.Ģ00 Statement of the European Law Institute (ELI) on the Proposal for a Regulation on a Common European In case trader fails to provide obliged information to consumer, the ELI proposes following:Īrticle 4 Agreement on the use of the Common European Sales Law ģ. (c) and consumer agrees trader’s offer without any modifications. Following the ELI proposal it could be possi-īle to apply the CESL, when: (a) trader provides necessary information to consumer (b)Īfter consumer is informed, trader offers to agree governing the sales contract by the CESL Proposed article determines also that in B2C contractsĬonsumer shall give an express consent and trader is obliged to provide information beforeĬonsumer gives consent to use the CESL202. ![]() Posed article states, validity of choice of the CESL would be question under rules of theĬESL, and not under national law. The article.201 Therefore the ELI statement proposes to remove the opt-into mechanism andĪdopt instead of it the choice of law clause included in the sales contract. In B2C contractsĪn agreement to use the CESL becomes valid after trader fulfills information duties set in Proposal’s main idea is that applying the CESL would be possible by an agreement withīoth parties and the agreement would be given under rules of the CESL. The information hotline…, where the consumer will get, for each Member State, concise information on the consumer’s rights under the Common Eu- ropean Sales Law compared with under the national law of that Member State … or, in all other circumstances, indicate this website orġ98 Statement of the European Law Institute (ELI) on the Proposal for a Regulation on a Common European (b) provide the consumer with a hyperlink to the website (a) draw the consumer's attention to the intended application of the Common European Sales Law before the agreement In relations between a trader and a consumer the agreement on the use of the Common European Sales Law requires express consent on the part of the consumer. The existence of such an agreement and its validity shall be determined on the basis of this Article as well as the relevant provi- sions in the Common European Sales Law concerning the conclusion of a valid contract.Ģ. The use of the Common European Sales Law requires an agreement of the parties to that effect. The ELI proposes that the opt-into mechanism would be replaced with new Article 4, whichĪrticle 4 Agreement on the use of the Common European Sales Lawġ. Mechanism more complicated and it is also giving misleading information to consumer.199 Trader is obliged to provide the SIN to consumer before theĪgreement to opt-into the CESL can become valid. Trust is not likely to rise as the opt-into mechanism is structured like the CESL would beīad decision for consumer. Weakening consumer’s trust to the rules than making those more favorable. The ELI is arguing that the problem with ArticleĨ of the Proposal is adopting extremely complicated opt-into mechanism which is actually Proposed new Article 8, now as Article 4, would The ELI propose that the Article 8 of the Regulationĭetermining the opt-into mechanism would be replaced with new article stating new rulesįor applying the CESL in B2C contracts. Following I will concentrate to articlesĬoncerning opt-into mechanism. ![]() ![]() The ELI states its suggestions article by article. The European Law Institute (ELI) proposes in its statement198 how to improve the CESL.
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