The Draft Common Frame of Reference in the Courts

Abstract This chapter illustrates the impact of the Draft Common Frame of Reference (DCFR) before European courts, by presenting cases of the European Court of Justice (ECJ) as well as Supreme Court decisions of various European countries. Although the DCFR is not a legally binding document, it is still applied by courts throughout Europe when in need of support for their legal arguments, and it is often used in parallel or analogically to the national legislation, when it happens to coincide with DCFR provisions. The chapter begins with an overview of the DCFR followed by discussions of nearly 30 illustrative cases.