Towards a Handbook on European Contract Law and Beyond: The Commission’s 2004 Communication “European Contract Law and the Revision of the Acquis: The Way Forward”

Abstract

The European contract law project has crossed the threshold between an intellectual exercise and concrete policy. The 2004 Communication on the way forward describes the procedure to implement the policy suggested by the 2003 Action Plan, and so it would now be timely to give some thought to the likely impact of the Common Frame of Reference (CFR) on future Community law. It is submitted that the CFR is indispensable for the planned crafting of full harmonisation consumer contract law. This article therefore focuses on the possible uses of the CFR for consumer legislation and attempts to make the case for a recasting of Community law on consumer protection as a first priority in the implementation of the project. Based on policy papers and policy considerations, this article suggests making a test case of the travel and tourism sectors. It also reflects further on the potential virtues of an optional instrument for consumer legislation.