Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-06-08-Speech-3-422-750"
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"en.20110608.20.3-422-750"2
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"I voted against Mrs Wallis’s report because the optional instrument envisaged, based on a regulation, basically marks the first step towards harmonising contract law in Member States. I think that such harmonisation, even to a minimal extent, is inconceivable at the present stage in view of the different way contractual relations are regulated in Member States. For example, there is the right
effect, which does not feature in German law. Apart from this, harmonisation of contract law would not prevent the discrepancies in other areas influencing transnational trade within the EU. There is no categorical proof indicating that it is these legal differences which are preventing transactions from being completed with foreign companies and consumers. Contracts with an international element are currently drawn up based on international private law and, at EU level, on the basis of Regulation (EC) No 593/2008. An additional instrument would introduce unnecessary confusion. With regard to contractual relations without any international element, I think that every Member State must continue to apply its own national legislation, according to its legal tradition and established practices."@en1
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