At the beginning of 2008, the draft common Frame of Reference (cFR) will be presented to the European commission by the Joint Network on European Private law. the author gives an overview of the manifold discussions that have been held as to the purpose, content and scope of the cFR. the main part of the article then explains in depth the recently published Principles of European law on commercial Agency, Franchise and Distribution contracts (PEl cAFDc). Both texts are very similar, as the Draft cFR is directly inspired by the Principles. the article focusses on the Principles and shows how the PEl cAFDc go much further than formulating a simple common terminology. it presents the general structure and content of the PEl cAFDc, then shows its relationship to other soft and hard law instruments and finally discusses some of the duties and obligations found in the PEL cAFDc /DcFR.

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In 218 BC, the Carthaginian general Hannibal (247-182) achieved a most extraordinary feat: he crossed both the Pyrenees Mountains and the Alps with an army of about 38.000 soldiers, 8.000 Cavalry and 37 elephants, aiming to win the Second Punic War by a bold invasion of Italy before the Romans were prepared. Even if his attempts to defeat the Roman legions failed in the end, common lore stills tells the story of the elephants crossing the Col du Mont Genevre in deep snow, setting thus an example of a near impossible achievement for generations to come.

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