Activites

• #2525
• 2003/09/22 Council Meeting
• 2003/09/02 Decision by Parliament, 1st reading/single reading
  • T5-0355/2003 summary

    The European Parliament adopted a resolution based on its own-initiative report drafted by Klaus- Heiner LEHNE (EPP-ED, Germany). It welcomed the fact that, in its 'common frame of reference', the Action Plan initiates a common terminology for particular fundamental concepts and typical problems. The Commission was asked to encourage the development of the 'common frame of reference' as a priority and to tighten up the provisional timetable to 2008-9. The Commission should complete the 'common frame of reference' by the end of 2006. Parliament expressed its regret that the Commission did not act on Parliament's call to set up, by 2004, a data bank of national legal provisions and case law in the field of contract law. Such a data bank is necessary in order to begin work on the 'common frame of reference.' The launching of a website is not an appropriate tool for this. An additional point made was that users of the law such as judges, lawyers, notaries, undertakings and consumers should be involved in the process of elaborating the 'common frame of reference'. The Commission's earlier efforts to consult civil society, in particular the users of law and interested sectors, had been inadequate, particularly since the contributions submitted in the context of this consultation were not representative of all Member States. Parliament also regretted the fact that the development of e-commerce had not been sufficiently reflected in the Action Plan. On the question of optional instruments, Parliament stated that there must be early action in certain sectors, such as consumer transactions and insurance. Substantial benefits could accrue to the internal market as well as increase intra-Community transactions. There should be, therefore, a body of rules based on the 'common frame of reference'. Parties would initially have the option of using it voluntarily, and it could later become binding. Finally, Parliament called for the practical application of the 'common frame of reference' in conciliation proceedings, either through the existing 'European Extra-Judicial Network' or through a new European conciliation system in which only the 'common frame of reference' would be used.�

• 2003/07/08 Vote in committee, 1st reading/single reading
  • A5-0256/2003
• #2510
• 2003/05/19 Council Meeting
  • 2510
• 2003/05/15 Committee referral announced in Parliament, 1st reading/single reading
• 2003/02/12 Non-legislative basic document published
  • COM(2003)0068 summary

    PURPOSE : to present an Action Plan for a more coherent European contract law. CONTENT : the Action Plan presents the Commission's conclusions on the consultative process launched in its Communication dated July 2001 on European contract law. The Plan confirms that there is no need to abandon the current sector-specific approach. It also summarises the problems identified during the consultation process, which concern the need for uniform application for EC contract law as well as the smooth functioning of the internal market. This Action Plan suggests a mix of non-regulatory and regulatory measures in order to solve those problems. In addition to appropriate sector-specific interventions, this includes measures: - to increase the coherence of the EC acquis in the area of contract law, - to promote the elaboration of EU-wide general contract terms, and - to examine further whether problems in the European contract law area may require non-sector-specific solutions such as an optional instrument. A common frame of reference, establishing common principles and terminology in the area of European contract law is discussed in the paper. The Commission sees this common frame of reference as an important step towards the improvement of the contract law acquis. It will be a publicly accessible document that should meet the needs and expectations of the economic operators in the internal market. If the common frame of reference is widely accepted as the model in European contract law which best corresponds to the needs of the economic operators, it may be taken as a point of reference by national legislatures inside the EU and possibly in appropriate third countries. Thus the frame of reference might diminish divergences between contract laws in the EU. The objectives of the common frame of reference are threefold: - the Commission may use it in the area of contract law when the existing acquis is reviewed and new measures proposed. It should provide for best solutions in terms of common terminology and rules. These include the definition of fundamental concepts such as "contract" or "damage" and of the rules which apply in the case of the non-performance of contracts; - it could become an instrument in achieving a higher degree of convergence between the contract laws of the EU Member States and possibly appropriate third countries; - the Commission will base its reflections on whether non-sector-specific measures such as an optional instrument may be required to solve problems in the area of European contract law on the common frame of reference. In order to promote the elaboration by interested parties of EU-wide general contract terms, the Commission intends to facilitate the exchange of information on existing and planned initiatives both at a European level and within the Member States. Furthermore, the Commission intends to publish guidelines, which will clarify to interested parties the limits that apply. Finally, the Commission expects comments as to whether some problems may require non-sector-specific solutions, such as anoptional instrument in the area of European contract law. The Commission intends to launch a reflection on the opportuneness, the possible legal form, the contents and the legal basis for possible solutions.�

  • DG [{'url': 'http://ec.europa.eu/dgs/health_consumer/index_en.htm', 'title': 'Health and Consumers'}],

Documents

• Non-legislative basic document published: COM(2003)0068
• Debate in Council: 2510
• Committee report tabled for plenary, single reading: A5-0256/2003
• Decision by Parliament, 1st reading/single reading: T5-0355/2003

History

(these mark the time of scraping, not the official date of the change)