ABSTRACT

The previous chapter focused on the extent of the EU’s legislative activity in the field of contract law. From this, it can be seen that it has done little more than to create ‘islands’ of Europeanisation in the domestic contract law field, but – perhaps with the exception of consumer contracts – there has been little interference with the fundamental aspects of the contract law system in the European jurisdictions so far. However, in 2001, the European Commission kick-started a process which could eventually lead to much greater Europeanisation of domestic contract laws. Work is now underway on preparing the groundwork for future action in the field of contract law. Two major initiatives merit closer examination: the creation of a ‘Common Frame of Reference’ (CFR) on European contract law, and a major review of the acquis communautaire in the consumer law field. Although these were initially launched as independent projects, both are now interlinked. The purpose of this chapter is to examine the background to the current process, starting with the Commission’s 2001 Communication and subsequent documents. The work that is now ongoing will then be discussed, followed by a consideration of what may happen in the immediate future.1