The Weber/Putz ‘Proportionality Principle’: Determining Subsequent Performance Anew?

• Main Author: Thomas Hoffmann
• Format: Article
• Language: English
• Published: University of Zagreb, Faculty of Law 2014-12-01
• Series: Croatian Yearbook of European Law and Policy
• Subjects: european court of justice; weber/putz judgment; proportionality; european contract law; general strict liability; common law; germany; estonia
• Online Access: https://www.cyelp.com/index.php/cyelp/article/view/175

Although the European Court of Justice rendered its Weber/Putz judgment as long ago as three years, the turmoil since then in both academia and practice has not abated. Indeed, the significance of the ‘proportionality principle’ for European contract law can hardly be overestimated, as the ECJ basically established by this judgment, with or without intent, a doctrine of general strict liability in contract law, which so far has only existed in but a few European legal systems beyond common law. This paper compares the reception of the Weber/Putz decision in a major Western European legal system (Germany) with the approach of a minor Central European legal system (Estonia), also taking into account the judgment’s impact on the future development of European contract law.