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CESL, cross-border transactions and domestic law : why a dual approach could work (although CESL might not)

Twigg-Flesner, Christian


Christian Twigg-Flesner


This article explores the case for legislation that focuses specifically on cross-border consumer transactions in the internal market. It argues that the existence of two parallel regimes (domestic and cross-border) is a positive step because the cross-border environment gives rise to different problems than the domestic context. It develops a notion of 'cross-border' that is different from that in Common European Sales Law (CESL), before considering the arguments for and against this approach. The positive view of a regulation focusing on cross-border transactions is combined with the argument in that the substantive provisions of CESL would need to be redrafted so as to fully address all the specific issues that arise in the cross-border context. Moreover, a cross-border CESL should be automatically applicable, i.e., not optional. It concludes that the step taken towards a cross-border regulation is a positive one, but that further work on the substance of a CESL is needed..


Twigg-Flesner, C. (2015). CESL, cross-border transactions and domestic law : why a dual approach could work (although CESL might not). European review of private law = Revue européenne de droit privé = Europäische Zeitschrift für Privatrecht, 23(2),

Journal Article Type Article
Publication Date 2015-04
Deposit Date Dec 2, 2015
Publicly Available Date Nov 23, 2017
Journal European review of private law
Print ISSN 0928-9801
Publisher Kluwer Law International
Peer Reviewed Peer Reviewed
Volume 23
Issue 2
Keywords Common European sales law, Cross-border consumer transactions, European Union law
Public URL
Publisher URL
Additional Information Copy of article first published in: European review of private law, 2015, v.23, issue 2


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Copyright Statement
© [2015] Kluwer Law International BV

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