EU Private International Law

EU Private International Law

Second Edition

Elgar European Law series

Peter Stone

This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.

Chapter 12: Contracts

Peter Stone

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


INTRODUCTION The Rome I Regulation In litigation relating to contracts, choice of the applicable substantive law is now regulated by EC Regulation 593/2008 on the Law Applicable to Contractual Obligations, which is usually referred to as the Rome I Regulation.1 The Regulation was adopted by the Parliament and Council on 17th June 2008. By Articles 28 and 29, the Regulation entered into application on 17th December 2009 and applies to contracts concluded after that date.2 In view of the decision of the United Kingdom to opt in to the application of the Regulation after its adoption, the Regulation applies to all the EU Member States except Denmark.3 By Article 24(1), the Regulation replaces the EC Convention, opened for signature at Rome on 19th June 1980, on the Law Applicable to Contractual Obligations, which may conveniently be referred to as the Rome Convention 1980.4 The Convention had entered into force in all twenty-seven Member States.5 By Article 17, the Convention does not apply to contracts concluded before its commencement date for the forum State.6 The Convention 1 2 For its text, see [2008] OJ L177/6. Article 27(1) requires the Commission, by 17th June 2013, to submit a report on the application of the Regulation, accompanied (if appropriate) by proposals for its amendment. 3 See Recitals 45 and 46, and Article 1(4); and EC Commission Decision 2009/26, [2009] OJ L10/22, giving effect to the request from the United Kingdom to accept the Rome I Regulation, and specifying that the...

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