Table of Contents

Research Handbook on EU Consumer and Contract Law

Research Handbook on EU Consumer and Contract Law

Research Handbooks in European Law series

Edited by Christian Twigg-Flesner

Research Handbook on EU Consumer and Contract Law takes stock of the evolution of this fascinating area of private law to date and identifies key themes for future development of the law and research agendas. The Handbook is divided into three parts: first, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU Consumer Law, and the final part focuses on a number of important subjects which remain current for the development of EU Contract Law.

Chapter 12: Contracts of sale

Rick Canavan

Subjects: law - academic, consumer law, european law, law of obligations


It is estimated consumer spending in Britain alone represents some 60 per cent of GDP. While this figure crudely lumps together contracts for services and utilities as well as goods, and makes no distinction between the varied forms of agreement under which those goods are supplied, it leaves little doubt that transacting in goods remains a self-evidently core part of the lives of European citizens and the economic lives of the Member States they inhabit. It is no surprise therefore that the attainment of a 'level playing' field for consumers should have been a policy objective to the European Union for many years, often being traced back to the Council Resolution of April 1975,which – while only providing a brief statement of very broad principle which does little more than to identify the need for the adoption of rules for the protection of consumers and calls for 'a coherent and effective consumer protection policy' is the foundation of the consumer law acquis, and from it spring, many years later the strands of European law which guarantee minimum protection for consumers in sale transactions. In the context of sales, this consumer protection is achieved primarily by the Consumer Sales Directive (99/44/EC; the Consumer Sales Directive or CSD) supplemented by the Consumer Rights Directive (2011/83/EU), the latter addressing the relatively narrow scope of the former, at least in some respects.

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