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The Emergence of EU Contract LawExploring Europeanization$
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Lucinda Miller

Print publication date: 2011

Print ISBN-13: 9780199606627

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199606627.001.0001

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

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

Chapter:
(p.71) 3 The EU Sales Directive: Analysis of an Encounter Between EU and Domestic Law
Source:
The Emergence of EU Contract Law
Author(s):

Lucinda Miller

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199606627.003.0003

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

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