ABSTRACT

This chapter refers two specific examples rooted in the transposition of directives on unfair terms and consumer goods and associated guarantees. The transposition of directives can be limited to consumer relations. Harmonization limited to consumer contract law will attract their attention before they consider the harmonization of civil contract law. In the European Union (EU) setting, for reasons closely linked to internal market developments, harmonization of contract law was not primarily addressed from the perspective of what can be referred to as civil contract law. Interpretive harmonization is in a way encouraged by community law, which recalls in most directives that the prescribed harmonization is 'minimal'. The choice to extend harmonization to civil contract law necessarily entails an interpretive transposition because it goes beyond what is required under community law. The development by community law of a consumer-oriented legislation that differs from the German solution is probably again related to the question of the competencies of the EU.