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One of the core aims of the European Community is the establishment and the better functioning of the Internal Market. As the term ‘market’ is only a metaphor for the place where contracts are prepared and concluded, one would expect that the vast majority of EC law deals with the preparation and formation of contracts. Until now, this is evidently not the case. But there are already quite an impressive and increasing number of individual Directives and other EC law sources which deal directly with contract law. Establishing and improving the Internal Market must indeed also mean improving the possibilities to negotiate contracts and to perform them and, in particular, as far as possible to remove obstacles which result from the fact that there are national borders between potential contract parties situated within the EU. EC law on the preparation and formation of contracts must have the function to permit and to facilitate marketing, advertising, concluding and performing contracts, in particular also for cross boarder situations.

EC Law on the Formation of Contract – from the Common Frame of Reference to the ‘Blue Button’