Ministry Discusses Common Sales Law with Traders
Estonian retailers feel differences in sales law in the EU are hampering their access to many markets abroad, according to the Justice Ministry, which met with several business associations to discuss progress toward this aspect of the single market.
"For instance, a company that wants to expand operations and start selling to consumers in another member state has to immediately come to grips with the question of what consumer rights are in that country," said Minister of Justice Kristen Michal in a statement on April 2. "In essence, entrepreneurs have to draft separate contracts for consumers in each member state."
The lack of a common sales regulation in the EU has probably the hardest impact on small traders, said Michal - "for example, those who wish to offer online goods throughout the EU."
The European Commission proposed a common European sales law late last year. It is an area Estonia has lobbied for as a civil law priority for some years.
Michal added that consumers in Estonia would also benefit from harmonized laws as the current supply is lower in both quantity and quality. "A smaller supply nearly always means a higher price," he said.
Managing director of the Estonian Traders Association Marika Merilai said common sales law would do away with many of the problems of availability of goods in Estonia.
"It would be easier for business people do conduct mutual affairs if they could proceed from regulatory environment that is familiar to both sides, not have to accommodate law that one side knows well,“ she said.
Lawyer for the Chamber of Commerce and Industry Marko Udras said at the meeting that lack of a regulation in the area always crops up in talking to members. "When you ask business people whether principles of contract law should see greater harmonization in the EU, close to two-thirds say it is necessary."
Kristopher Rikken