P6_TA(2006)0352

European contract law

European Parliament resolution on European contract law

The European Parliament,

- having regard to its resolution of 23 March 2006 on European contract law and the revision of the acquis: the way forward [1],

- having regard to its resolution of 26 May 1989 on action to bring into line the private law of the Member States [2], 6 May 1994 on the harmonisation of certain sectors of the private law of the Member States [3], 15 November 2001 on the approximation of the civil and commercial law of the Member states [4] and 2 September 2003 on the Communication from the Commission to the European Parliament and the Council — A more coherent European contract law — An action plan [5],

- having regard to the Commission's First Annual Progress Report of 23 September 2005 on European contract law and the acquis review (COM(2005)0456 final), in which the Commission states that the review of the consumer acquis will in turn feed into the development of the broader Common Frame of Reference (CFR),

- having regard to the Communication of 11 October 2004 from the Commission to the European Parliament and the Council on European contract law and the revision of the acquis: the way forward (COM(2004)0651), in which the Commission states that it "will use the CFR as a toolbox, where appropriate, when presenting proposals to improve the quality and coherence of the existing acquis and future legal instruments in the area of contract law",

- having regard to Rule 108(5) of its Rules of Procedure,

A. whereas its resolution of 23 March 2006 pointed out that it is not clear what the European contract law initiative will lead to in terms of practical outcomes or on what legal basis any binding instrument will be adopted,

B. whereas its resolution of 23 March 2006 required, among other information, a statement by the Commission on the way in which it proposes to take account of the results of the CFR-net workshops and the research groups in its subsequent work,

1. Reiterates its conviction that a uniform internal market cannot be fully functional without further steps towards the harmonisation of civil law;

2. Recalls that the initiative on European contract law is the most important initiative under way in the field of civil law;

3. Strongly supports an approach for a wider CFR on general contract law issues going beyond the consumer protection field;

4. Underlines that, besides the work on revision of the consumer acquis, the work on a wider CFR should go on; calls on the Commission to proceed, in parallel with the work on revision of the consumer acquis, with the project for a wider CFR;

5. Underlines that — even though the final purpose and legal form of the CFR is not yet clear — the work on the project should be done well, taking into account the fact that the final long-term outcome could be a binding instrument; all the various possible options for the purpose and legal form of a future instrument should be kept open;

6. Calls on the Commission to take into account the long-term perspective of a CFR when presenting new legislative proposals;

7. Calls on the Commission continuously to involve Parliament in the work on the CFR;

8. Instructs its President to forward this resolution to the Council and the Commission.

[1] Texts Adopted, P6_TA(2006)0109.

[2] OJ C 158, 26.6.1989, p. 400.

[3] OJ C 205, 25.7.1994, p. 518.

[4] OJ C 140 E, 13.6.2002, p. 538.

[5] OJ C 76 E, 25.3.2004, p. 95.

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