Contracts: contractual references to directly applicable EU legislation and retained direct EU legislation post-transition | Practical Law
This practice note suggests how to define and refer to retained directly applicable EU legislation in contracts entered into post-transition. It also suggests drafting to define and refer to the EU version of directly applicable EU legislation. It sets out some considerations for deciding which version is the appropriate one and also explains how a contractual reference to directly applicable EU legislation may be interpreted if the contract is silent on which version the parties wish to refer to. This note does not discuss the changes proposed by the Retained EU Law (Revocation and Reform) Act 2023, which in any case would not affect the drafting options offered in this note.