ERA Conference on the Optional European Sales Law

On 9 and 10 February 2012, the European Law Academy will host a conference on the Optional European Sales Law in Trier, Germany. The objective of the conference is to discuss the Proposal for a Common European Sales Law, which was published by the EU Commission in October 2011. Registration and further information can be found on the ERA website. The programm reads as follows:

Thursday, 9 February 2012

08:30 Arrival and registration
09:00 Welcome, Angelika Fuchs
Chair: Hugh Beale

I. SETTING THE SCENE

09:05 The ongoing political debate
• European Parliament: Diana WallisPolish
• EU Presidency: Aneta Wiewiórowska
• Danish EU Presidency: Morten Fogt

09:45 Discussion

II. LEGAL CHALLENGES FOR THE CESL

10:00 Legal basis, content and scope
Christiane Wendehorst

10:20 CESL and the conflict of laws
Gilles Cuniberti

• CESL and Rome I
• How to fill the gaps? Set-off, assignment, representation and other issues

10:45 Discussion
11:00 Coffee break

Chair: Diana Wallis

III. CESL RULES FOR B2C SALES CONTRACTS

11:30 Pre-contractual information
Eric Clive
• Distance / off-premises contracts
• Contents and sanctions

11:50 Making a binding contract
Anna Veneziano
• Offer and acceptance
• Defects in consent
• Right of withdrawal

12:15 Discussion

12:30 Unfair contract terms: assessing unfairness
Friedrich Graf von Westphalen

12:50 Discussion
13:00 Lunch

Chair: Friedrich Graf von Westphalen

14:00 Obligations and remedies of the parties
Hugh Beale
• Consumer choices
• Requirements
• Prescription periods

14:25 Discussion

14:40 Goods, supply of digital content and pprovision of related services
Matthias Storme

15:00 Discussion

IV. WORKSHOP (with coffee & tea)

15:15 Life-cycle of a contract: a case study on the CESL in legal practice
Martin Schmidt-Kessel

17:00 End of the first conference day
19:00 Evening programme and dinner

Friday, 10 February 2012

Chair: Anna Veneziano

V. CONSUMER AND COMMERCIAL CONTRACTS

09:00 Comparing B2C and B2B contracts, Dora Szentpaly-Kleis
Ursula Pachl
• Which rules are different
• Why?

09:40 What is required to make the optional instrument work in practice?
Dirk Staudenmayer

10:00 Discussion
10:30 Coffee break

Chair: Morten Midtgaard Fogt

VI. PANEL DISCUSSION

11:00
B2C: Added value for consumers or cost
driver for enterprises?
Hanne Melin
Bob Schmitz

B2B: What does the CESL offer to businesses?
Tina Sommer

Andreas Dietzel

13:00 Lunch and end of the conference

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