By Geraint Howells, Reiner Schulze
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Extra resources for Modernising and Harmonising Consumer Contract Law: With Reference to the Planned Horizontal Consumer Contract Directive
Things then again changed when Commissioner Kuneva came into position in January 2007. Since then, the political project of a CFR has been revitalised, but was seemingly completely disjoined from the Consumer Acquis Review. It is not yet clear what the current state and result of this new development is, but there are at least some indications. At the Presidency Conference in Paris on European Consumer Law in October 2008, which was a follow-up to earlier such conferences, for the very first time a Commission official from the Directorate General Justice, Freedom and Security (DG JLS) spoke on the CFR project.
The next step was the Action Plan 20034, which expressly brought forward the idea of a Common Frame of Reference (CFR). It is a pity that these documents did not make it very clear as to how the CFR should look. The Commission instead used the metaphor of a “toolbox” for legislation, which allowed for rather different views and caused a lot of discussions that were not especially helpful. It was discernible only for experts that the idea of a CFR was very much inspired by the model of the Principles of European Contract Law (PECL)5, an academic work, which adapted the American method of elaborating restatements, though for Europe in this case.
10 Predecessors of the DCFR are, besides the PECL, the series Principles of European Law (PEL)11 and the Acquis-Principles (ACQP)12. A full edition of the DCFR, which also includes a commentary and comprehensive comparative references, will be published in the course of 2009. This academic product, together with evaluative material produced within the network13 and the first 9 10 11 12 13 C. von Bar / E. Clive / H. Schulte-Nölke and H. , Principles, Definitions and Model Rules of European Private Law.