Position Paper on the Proposal for a Directive on Consumer Rights
Danneman, Gerhard × Rochfeld, Judith Schulte-Nölke, Hans Schulze, Reiner Terryn, Evelyne Twigg-Flesner, Christian Zoll Fryderyk #
Oxford University Comparative Law Forum issue:3 pages:1-23
The Proposal of the European Commission of 8 October 2008 for a Directive on Consumer Rights ("the Proposal")2 is an important starting point for the revision of the consumer law acquis. The Acquis Group welcomes and shares the ambitions of this initiative. In particular, the Acquis Group strongly supports the main goal of the Proposal, namely to revise the acquis communautaire in order to create greater coherence of existing legislation.
However, in the view of the Acquis Group the present Proposal falls significantly short of achieving this goal. Moreover, in the view of the Acquis Group, the Proposal would affect adversely the present interplay between EC law and domestic law in this area, could obstruct rather than promote the ongoing process of Europeanization of private law, and would fail to achieve any significant advantage for the internal market.
This position paper will elaborate less on the last three points because of their political dimension, and will mainly focus on the first issue of greater coherence of EC legislation in the areas of consumer and contract law, which is at the core of the work of the Acquis Group3 and also of the Draft Common Frame of Reference (DCFR).4