Civil Law

Civil law is the basis for contracts on business transactions. The freedom to conclude contracts must not be curtailed. Flexible reaction on changing markets is essential for companies doing business in Germany and abroad. Envisaged new European rules on contract law have to take this into consideration.

 

European Contract Law (Common Frame of Reference – CFR)

With the Draft Common Frame of Reference (DCFR), which is acquired by the science, the Commission should have indications for the preparation of proposals. Especially general principles and definitions are compared. It is important that this DCFR retains the character of a voluntary tool, that will not become mandatory and leads into a detailed common civil law.

Discrimination

Discrimination must not be tolerated. However, business does not need new rules burdening particularly small and medium-sized companies with more duties preventing any type of possible discrimination in their environment. Not even the new EC proposal for an EU Directive against Discrimination asks for new procedures, authorities and damages claims. The German Law against Discrimination currently exceeds the requirements of the European rules. The BDI pleads for reservation with new rules.

Service Directive

The German Government works currently on the adequate implementation of the Service Directive. Goals of the Directive are the reduction of bureaucracy, a control through the Commission, the unproblematic permission and acceptation of service providers in another Member State and the implementation of the “Einheitlicher Ansprechpartner”. Every Member State has to allow the free exercise of cross boarder services. The industry expects that through the proper implementation in German law the rules will back up the freedom of services in the European Union, create new jobs and will reduce bureaucracy in the country of origin.