The Ministry of Justice has published a Call for Evidence in relation to the European Commission's proposals for a Common European Sales Law (see post). The consultation is open until 21 May, and responses to it will help the UK government develop its position on the Commission's proposals.
The government has always robustly challenged the need for an instrument such as the Common European Sales Law and has raised serious doubts about the legal basis on which the EU is pursuing it. The foreword to the Call for Evidence indicates that the government is still not convinced that the benefits of the proposals will be as significant as the Commission claims and is concerned that there may be costs which should also be taken into account. The MoJ is therefore seeking views on whether the Commission's proposals would actually deliver the suggested gains and what the costs would be and would particularly welcome responses with supporting evidence and numerical data.
The Call for Evidence is split into two parts; the first part asks for views on the principle of a Common European Sales Law, its scope, its content and the impact that it will have. The second part poses questions in relation to the actual drafting of the Common European Sales Law, such as whether the provisions provide sufficient clarity and certainty. The MoJ has also published a checklist document which sets out a more detailed consideration of the potential impact of the proposed Common European Sales Law.
If you would like more information on the proposals, or to discuss the issues, please contact Maura McIntosh or Julie Farley.
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