On 19 July 2011 the Council of the ELI identified the European Commission’s work on a proposed European contract law optional instrument as an important development on which it should issue a Statement, which if implemented would increase the Proposal’s utility.

The Working Party critically examined the CESL, making a number of practical recommendations designed to facilitate the achievement of its underlying policy objectives, which include enhancing the viability of the EU’s internal market through facilitating cross-border trade, both in respect of business to consumer transactions and business to business transactions; securing a high and uniform level of consumer protection across the European Union; maximising the opportunities which can accrue to small and medium enterprises (SMEs) from an effective internal market; maintaining the EU’s policy of non-discrimination against consumers and businesses from third countries; and maintaining, except in defined circumstances, freedom of contract.

The full text of the Statement will be available soon on the ELI website.