Global Uniform Sales Law – With a European Twist? CISG Interaction with EU Law

Abstract

13 Vindobona Journal of International Commercial Law and Arbitration (2009), pp. 179-196The paper investigates the interaction between the United Nations Convention on the International Sale of Goods of 11 April 1980 (CISG) and European Community law. It outlines the historical involvement of the European Community in the efforts to create a global uniform sales law (first through the Hague Sales Laws, then through the CISG), before elaborating on the way in which the CISG has influenced various law making efforts of the EU (the EC Consumer Sales Directive, the EC Late Payments Directive, other EC Directives, the ongoing plans to create a European 'Optional Instrument', and the revised rule on the jurisdiction of the courts at the place of performance under Article 5 No. 1 of the Brussels I Regulation). The final part of the paper concentrates on the influence the CISG has and could have on the interpretation of European Community law, and makes the case against the European Court of Justice's power of interpretation over the CISG.