Mme AnneLaure Constanza CEO Envie de Fraises on

Mme Anne-Laure Constanza CEO Envie de Fraises on behalf of MEDEF French Business Confederation

Common European Sales Law 1. Introduction Success of Common European Sales Law is subject to two conditions: • 1 st condition relating to the functioning of the Common European Sales Law Ø it should entail substantial simplification and reduction of costs for enterprises • 2 nd condition relating to the material rules provided by the Common European Sales Law Ø they should be easy to understand provide legal certainty Ø they should guarantee well-balanced rights between the parties and provide contracts stability June 2012 • • 2

Common European Sales Law 2. Understanding of rules and legal certainty of transactions Complexity of the material rules and lack of certainty brings about higher costs for enterprises: - legal advice, - litigation … June 2012 • • 3

Common European Sales Law 3. Balance of rights between the parties and stability of contracts ü Level of consumer’s protection Traders intend to ensure a high level of consumer protection, but the protection provided by the Common European Sales Law should not be such that it would prevent businesses from choosing it. ü Example: removing of any hierarchy between remedies It means that enterprises could be compelled to reimburse the items instead of replacing or repairing them n It would generate additional costs for enterprises n June 2012 • • 4

Common European Sales Law Stability of contracts It is essential that contracts may not be terminated too easily Example: Example termination by notice to the seller Ø The very broad admission of termination by notice in B 2 C transactions would generate uncertainty for enterprises, incompatible with business Ø The admission of termination for anticipated non –performance might well end up weakening the contractual link June 2012 • • 5

Common European Sales Law CONCLUSION : The creation of a common set of European rules to achieve the internal market is an attractive idea, but it is doubtful that the proposal is able to reach such an objective. The success of the proposal mainly relies on its economic appeal for enterprises, which implies: - Simplification - Legal certainty - Stability of contracts June 2012 • • 6