Chapter

The EU Sales Directive: Analysis of an Encounter Between EU and Domestic Law

Lucinda Miller

in The Emergence of EU Contract Law

Published in print September 2011 | ISBN: 9780199606627
Published online January 2012 | e-ISBN: 9780191731716 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199606627.003.0003

Series: Oxford Studies in European Law

The EU Sales Directive: Analysis of an Encounter Between EU and Domestic Law

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By way of examination of the implementation of the Sales Directive into French and English law, this chapter illustrates how EU Directives may trigger unexpected responses within Member States’ legal systems. With particular emphasis on the Directive’s approach to consumer remedies and the concept of conformity the chapter reveals how the encounter between European and domestic law may have ‘disintegrative’ effects at the national level. This does not bode well for harmonisation. The chapter suggests, however, that ‘disintegration’ and fragmentation need not be evaluated in negative terms since they provide opportunities for mutual transformation and learning. The chapter also assesses the proposal for a Consumer Rights Directive and the associated maximum harmonisation strategy which has come to the forefront of EU consumer policy in recent years. It concludes that the technique is fraught with difficulty in multi-level Europe.

Keywords: Sales Directive; Consumer Rights Directive; maximum harmonisation; consumer remedies; conformity; fragmentation; multi-level; French sales law; English sales law

Chapter.  16046 words. 

Subjects: EU Law

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