EU Private International Law

EU Private International Law

Third Edition

Elgar European Law series

Peter Stone

Thoroughly revised and updated, this third edition of EU Private International Law incorporates many developments in legislation and case-law since the publication of the second edition in 2010. Building on the book’s reputation for comprehensive coverage and attention to detail, Peter Stone provides an authoritative and accessible introduction to the subject.

Chapter 14: Protected contracts

Peter Stone

Subjects: law - academic, european law, private international law


With a view to protecting weaker parties, special choice-of-law rules are laid down for certain types of contract by Articles 5–8 of the Rome I Regulation. Article 5(2)–(3) applies to contracts for the carriage of passengers; Article 6 applies to certain consumer contracts; Article 7 deals with insurance contracts; and Article 8 applies to individual employment contracts. These provisions will be examined in this Chapter. Article 6 of the Rome I Regulation lays down special conflict rules for certain consumer contracts which satisfy an elaborate definition containing both substantive and territorial elements. The definition in many respects resembles that used in Article 17 (ex Article 15) of the Brussels I Regulation.It departs substantially from that used in Article 5 of the Rome Convention, which accorded in many respects with that used in Article 13 of the Brussels Convention. The contracts which fall within the scope of Article 6 of the Rome I Regulation may conveniently be referred to as protected consumer contracts. As regards substantive elements, the primary definition, specified by Article 6(1) of the Rome I Regulation, refers to ‘a contract concluded by a natural person for a purpose which can be regarded as being outside his trade or profession (the consumer) with another person acting in the exercise of his trade or profession (the professional)’.

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