This paper looks into several aspects of Book IV.A of the Draft Common Frame of Reference and, in particular with regard to remedies, of Book III DCFR. Where appropriate, these provisions are compared with the corresponding provisions in the Principles of European Law on Sales (PELS) and,...

In this paper, it is argued that even though the legal basis of an Optional Instrument (OI) seems fragile as it does not lead to harmonisation but to the introduction of a new regime next to the national legal systems. This seems to imply that the legal basis should not be Art. 115 TFEU, but...

If the Common European Sales Law (CESL) is adopted, commercial parties will have the opportunity to choose between two international legal instruments for the regulation of their international commercial sales contracts. Whereas CESL is available to both consumer and commercial sales contracts,...

This paper is published in the liber amicorum for Jules Stuyck (Leuven). This liber amicorum consists of case notes to landmark cases of the CJEU. The Travel Vac case, which is relatively unknown, stands at the crossroads of unfair commercial practices and consumer contract law, just as the work...

The Unfair Contract Terms Directive offers consumers protection from pre-arranged imbalanced contract terms. While the standard terms and conditions and privacy policies used by online service providers have previously been accused of harming clients of such online services, a comprehensive...

On 9 December 2015, the European Commission submitted a proposal for a directive for contracts for online and other distance sales of goods, and a proposal for a directive on digital content. This paper discusses the scope of the proposals, conformity and remedies, and matters regarding the...

In this paper I will describe the implementation of the Consumer Rights Directive, or CRD, in The Netherlands. Section 2 will deal with the provisions of the implementing act and the relation between these provisions and other provisions of consumer law. Section 3 will discuss the relationship...

When the Covid-19 crisis erupted, in order to prevent instant bankruptcy, throughout the world tour organisers issued vouchers representing the value of the cancelled holiday to consumers instead of reimbursing them in cash. Tour organisers in the EU did the same. In this paper, I will address...

Since the outbreak of the Covid-19 pandemic, package travel contracts have been cancelled throughout the world, both before and after departure of individual consumers. In this paper I will discuss whether and to what extent courts and recognised ADR entities may rely on national contract law...