Table of legislation
EUROPEAN DIRECTIVES
Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises (1985)
OJ L 372/85 ........ 31, 45, 55, 64, 69, 71, 73, 76, 77, 107, 113, 116, 147
Directive 86/653/EEC on the co-ordination of the laws of the Member States relating to selfemployed commercial agents (1986) OJ L 382/86....... 61, 92, 124,
130, 132
Directive 87/102/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (1987) OJ L 42/48.................................. 60
Directive 90/314/EEC on package travel, package holidays and package tours (1990)
OJ L 158/90 ........ 31, 39, 45, 46, 47, 58, 65, 69, 78, 90, 95, 110
Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1993) OJ L 95/29. ..... 31, 37, 47, 48, 58, 79, 80, 81, 82, 83, 84,
85, 86, 99, 100, 108, 113, 120, 121 Directive 94/47/EC of the European
Parliament and Council on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the
right to use immovable properties on a timeshare basis (1994)
OJ L 280/94 ........ 31, 59, 65, 70, 75, 78, 173
Directive 97/5/EC of the European Parliament and Council on crossborder credit transfers (1997)
OJ L 43/25.................................. 57 Directive 97/7/EC of the European
Parliament and of the Council on the protection of consumers in respect of distance contracts (1997) OJ L 144/19 ........ 57, 64, 69, 73, 75,
77, 78, 89, 120, 173 Directive 99/44/EC on certain aspects
of the sale of consumer goods and associated guarantees (1999)
OJ L 171/12 ........ 59, 60, 86, 91, 95, 105, 106, 115, 136, 146, 173
Directive 99/93 of the European Parliament and Council on a Community framework for electronic signatures (1999)
OJ L 13/12.................................. 78 Directive 2000/31/EC of the
European Parliament and Council on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (2000) OJ L 178/1........................ 61, 66, 78, 107
Directive 2000/43/EC on equal treatment between persons irrespective of racial or ethnic origin (2000) OJ L 180/22........... 53
xiv Table of legislation
Directive 2000/78/EC on a general framework for equal treatment in employment and occupation (2000) OJ L 303/16................................ 53
Directive 2002/65 of the European Parliament and Council concerning the distance marketing of consumer financial services
(2002) OJ L 271/16......... 57, 64, 65, 74, 89
Directive 2002/83/EC concerning life assurance (2002)
OJ L 345/27............... 62, 67, 70, 77 Directive 2002/92/EC on insurance
mediation (2002)
OJ L 9/3. ................... 62, 67, 69, 70 Directive 2004/113/EC on equal
treatment between men and women in the access to and supply of goods and services (2004)
OJ L 373/37................................ 53 Directive 2005/29/EC on Unfair
Commercial Practices (2005)
OJ L 149/22............... 32, 53, 54, 57 Directive 2006/54/EC on equal
treatment of men and women in matters of employment and occupation (2006)
OJ L 204/23................................ 53 Directive 2006/123/EC on services in
the internal market (2006)
OJ L 376/36 .................... 62, 67, 70 Directive 2007/64/EC on payment
services in the internal market (2007) OJ L 319/1 ..... 63, 65, 68, 69,
70, 78, 94
EUROPEAN REGULATIONS
Regulation 1182/71 determining the rules applicable to periods, dates and time limits (1971)
OJ L 124/1 ............................ 72, 73 Regulation 2790/1999 on vertical
restraints (1999) OJ L 326/21 ..... 52 Regulation 44/2001/EU on
jurisdiction and the recognition and enforcement of judgments in
civil and commercial matters (2001) OJ L 12/1.............................. 5, 168
Regulation 261/2004 on denied boarding and overbooking (2004) OJ L 46/1 ................................... 52
Regulation 864/2007 on the law applicable to non-contractual obligations (2007) OJ L 199/40..... 5
Regulation 1371/2007 on rail passengers’ rights and obligations (2007) OJ L 315/14 ..................... 53
Regulation XX/2008 on the law applicable to contractual obligations (2008)
OJ L XX/XX .................... 5, 6, 7, 8
EUROPEAN CONVENTIONS
Convention on jurisdiction and the enforcement of judgments in civil and commercial matters 1968 (1998) OJ C 27/1 ...................... 4, 5
(Rome) Convention on the law applicable to contractual obligations 1980 (1998)
OJ C 27/34 .................. 4, 5, 6, 7, 13
UK LEGISLATION
Commercial Agents (Council Directive) Regulations 1993..... 124,
125, 126, 127, 128, 129, 130 Consumer Protection
(Cancellation of Contracts Concluded away from Business Premises) Regulations
1987 .................................. 117, 118 European Communities Act
1972........................... 113, 114, 115 Legislative and Regulatory Reform
Act 2006 ........................... 114, 115 Sale of Goods Act
1979........................... 115, 116, 136 Unfair Contract Terms Act
1977 .................................. 114, 123 Unfair Terms in Consumer Contracts Regulations 1999 ...... 114, 121, 122, 123, 124, 132
Preface
This book deals with the Europeanisation of contract law, that is, the impact of European Union legislation on domestic contract law. It is a fascinating area of study because of the interaction between EU law, contract law and comparative law, but it can also be a frustrating endeavour to attempt to get a firm grip on the subject. The absence of an introductory book, particularly from the perspective of a common lawyer, struck me as a gap in the literature, and I hope that this book manages to fill that gap. My intention has been to provide a way into this subject – accessible, but not simplistic, to enable a reader who is new to the material to gain solid foundations from which to launch into further research and study, although I hope that seasoned scholars may also find a return to basics helpful. I recall Hans Micklitz’s observation at a conference a few years ago that it was about time for legal scholars to take a step back and ask ‘what exactly are we doing here?’ (‘Was machen wir hier eigentlich?’). This is my attempt to ponder that question.
My approach in this book is to examine the contribution of EU law from the perspective of English law – it is, essentially, an ‘English European law’ book. Inevitably, my particular domestic law perspective will have coloured the analysis of both existing law and looming developments, although I have also borrowed from my continental colleagues, particularly with regard to the structure adopted for Chapter 3 (although I am sure my German colleagues will frown at my attempt to utilise a ‘systematised’ approach to setting out the acquis communautaire on contract law).
In preparing this book, I have benefited from discussions with friends and colleagues from around Europe, notably within the Acquis Group. Particular mention should go to Hugh Beale, Geraint Howells, Hans Micklitz, Hans Schulte-Nölke, Reiner Schulze and Thomas Wilhelmsson (not all members of the group, of course).
xvi Preface
I am grateful for the support and guidance from friends and colleagues in the Law School at Hull, the Acquis Group and elsewhere. A special thank you goes to Catherine Mitchell (Hull) and Lorna Woods (Essex) for reading and commenting on various draft chapters. Any mistakes are, of course, my own. My thanks are also due to Routledge-Cavendish, particularly Fiona Kinnear, for their interest in this project and their patience in awaiting its completion.
Thanks are also due to Jan and Len Clucas for providing a quiet working environment away from busy university life during the early stages of writing this book. Above all, I would not have managed to complete the book without the support of Bev and Sophie – thank you both for being wonderful.
The law as stated in this book reflects the law in force in December 2007. Minor updates were possible during the production process. The changes which the Treaty of Lisbon will make – assuming that it is ratified – have, where appropriate, been indicated in the footnotes, but the main text is written on the basis of the Treaties as they were in 2007.