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L.oot-04-11-20011
Applicable
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lhe 1980 Rome Convention on the law applicable to contractual obligations harmonises the rules of conflict of laws applicable to contracts.
Reaulation !ECl 86412007 (so called Rome II) sets the conflict of law rules for obligations. lhe Community also plans to
harmonise the conflict of law rules for divorce, matrimonial property regimes and successions and wills. lhe main objective of these measurus is
to ensure that a given legal situation is adjudicated under the substantive law of the same country, irrespective of the fact W1ich court and in
W11ch EU Member State decides the matter, and thus contribute to establishing a genuine European area of justice.
Contractual Obligations
lhe 1980 Rome Convention entered into force on 1 April1991 and complements the 1968 Brussels Convention (International law under
Jurisdiction of the Courts>. lhls Convention, like the Brussels I Regulation, which has replaced It since 1 March 2002, provides that In
certain circumstances the courts of several Member States may have jurisdiction over a claim. lhis entails the risk that a party might
seizB the court of a particular country not because that court is best placed to sallie the dispute (e.g. because evidence needed to
adjudicate the dispute is concentrated there), but because this court will apply the substantive law most favourable to his claim -the
phenomenon of forum shopping. By ensuring that the courts in all the European Union countries apply the same law to the same
International contract, unlf !cation of the conflict of law rules reduces the risk of forum shopping within the Community.
lha rules of the Rome Convention are in force in all Member States, including Denmark.
lha central feature of the system establishad by the Convention is tha principle of freedom of choice, whereby the parties are free to
choose the law applicable to their contract. lha freedom available to the parties is considerable: they may choose any law, evan if it is
unrelated to the subject of the contract, and they may also any time change their original choice.
Where the parties have not determined Yoofllch law shall be applicable to their contract, the contract will be governed by the law of the
country with Yooflich it has the closest connection. lhe contract is presumed to be connected with the country W1ara the party W1o is to
provide the characteristic performance is habitually residant, which in general in practice means that a sales contract is governed by the
law of the country the sellar is established and a contract for services is governed by the law of the country place Yooflere the
service provider Is established. But these are only presumptions and the court can choose to apply a different law If It finds that such
law Is mora closely connectad with the contract In question.
lika the Brussels I Regulation, the Rome Convention contains spacial rules to protect the _.kar parties, such as consumers and
employaaa. lha mare fact that a contract epecifiaa that a particular law ie to be applicable shall not deprive a consumer or an employee
of the protection of mandatory rules of the law normally applicable to them. Where the parties have made not provided otherwise in
their contract, a consumer contract Is governed by the law of the country where the consumer Is habitually resident, and an
employment contract is governed by the law of the country where the employee normally or, if there is no such place, the
country where is the establishment that employed him.
At. the and of 2002 the Europaan Commission presented a Green Paper on the question whether the Rome Convention 1980 ehould be
converted into a Community instrument proper (regulation or directive) and modernised in the substance. In this context lllmiiiSI..2
contributions have been received by the Commission.
As a result of the consultation process the European Commission adopted on 15 December 2005 a prooosal for a Reaulation of the
Parliament and Council on the Law Applicable to Contractual Obligations CRome l"l intention is to modernise the rules of the
Rome Convention and altha same time transform it into a Community legal inetrument. On 17 June 2008, Regulation !ECl No
59312006 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I) was adopted and will
be applicable to contracts concluded after 17 Decem bar 2009.

Regulation !ECl 864/2007 ("Rome II") harmonises the conflict of law rules for norl-contractual obligations. It regulates the issues of
determining the law applicable In International situations to questions related to norl-contractual obligations, such as personal InJury,
product liability and env ironmantal damage.
lha adoption of this regulation was preceded by a wide public debate on the matter W1ich included a public hearing held in Brussels on 7
January 2003 and a written consultation of interested circles on the basis of a p!Jiiminarv draft proposal for a Council regulation on the
law applicable to non-contractual obligations on 3 May 2002. About 80 contributions were received by the Commission which have been
summariZIBd In a synthesis document.
Maintenance
lhe Commission has introduced, as part of its prooosal of 15 December 2005 for a Council Regulation on jurisdiction, applicable law,
recognition and enforcement of decisions and cooperation In matters relating to maintenance obligations provisions on applicable law In
relation maintenance obligations.
On 18 December 2006 the Council adopted Regulation !ECl No 412009 on jurisdiction, applicable law, recognition and enforcement of
decisions and cooperation in matters relating to maintenance obligations. Under Article 15 of the Regulation the law applicable to
maintenance obligations shall be determined in accordance v.ith the Hague Protocol of 23 November 2007 on the Law Applicable to
Maintenance Obligations In the Member States bound by that Instrument. lhus, tha rules of the Hague Protocol will also apply In the
Community lhe Commission has proposed on 23 February 2009 the conclusion by the Community of the Hague Protocol lhe
09/11/11 European Commission - European Judicial Network - Applicable law- Com ...
on applicable law and jurisdiction in divorce matters. It received approximately 65 replies. A public hearing WBS held on 6 December
2005.
As a result of the consultation process, the Commission presented on 17 July 2006 a proposal for a Council Regulation amending
Regulation (EC) No 2201/2003 as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters. The overall
objective of this proposal is to provide a clear and comprehensive legal f r e m ~ r k in matrimonial matters in the European Union and
ensure adequate solutions to citizens in terms of legal certainty, predictability, flexibility and access to court.
The proposal Introduces harmonlsad conflict-of-law rules In matters of divorce and legal separation to enable spouses to easily predict
which law will apply to their matrimonial proceedings. The proposed rules ara basad in the first place on the choice of the spouses. The
choice is confined to laws with which the marriage has a close connection. In the absence of choice, the applicable law is determined on
the basis of a scala of connecting factors which will ensure that the matrimonial proceedings are governed by a legal order with which
the marriage has a close connection.
The proposal seeks also to lmprov e acctiSs to court In matrimonial proceedings. The possibility to choose the competent court In
proceedings relating to divorce and legal separation ("prorogation") will enhance access to court for spouses who ara of different
nationalities. iha rule on prorogation applies regardless of whether the couple lives in a Member State or in a third State. In addition, the
proposal specifically addres88s the need to ensure access to court for spouses of different nationalities who live in a third State.
Matrimonial Property
On 17 July 2006 the Commission adopted a Green Paoar on conflict of IBW8 in mattars concerning matrimonial properly regimes,
including the question of jurisdiction and mutual recognition. This document launches a ide-ranojpg consyltaljop exercjse on the legal
questions which arise In an International context as regards matrimonial property regimes and the property consequences of other forms
of union. II presents the various aspects of the matter on which there is apparent need for the adoption of Community legislative rules
RIINrwlm dacum.,ts::
Council Recutation <ECl No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters
relating to maintenance obligations
Regulation !ECl No 86412007 of the European Par1iament and of the Council of 11 July 2007 on the law applicable to non-contractual
obligations (Rome II)
Green PaD9r on conflict of IBM in matters concerning matrimonial property regimas, including the question of jurisdiction and mutual
recognition (COM/2006/0400 final)
Annex to the Green Paper. SEC/200610952 final
Prooosal for a Council Reaulation amending Regulation (EC) No 2201/2003 as regards jurisdiction and introducing rules concaming
applicable law in matrimonial matters (COM/2006/0399 final)
Annexes to the proposal: SEC/200610949 - SEC/200610950 Qmpact assessment)
Proposal for a Regulation of the European Parliament and the Council on the law applicable to contractual obligations {Rome I)
(COM/2005/0650 final)
Proposal for a Council Reculation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters
relating to maintenance obligations {COM/200510649 final)
Annex to the proposal: SEC/200511629
Commynjcatiop frpm !he Commj8Bjon to the Council and the European Parliament- Commentary on the articles of the proposal for a
Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation In matters relating to
maintenance obligations (COM/20061206)
Green PaD9r on applicable law and jurisdiction in divorce matters {COM/200510082 final)
Annex to the Green Paper. SEC/200510331 final
Green Paoer on Succession and wills (COM/200510065 final)
Graan !!!!D9r - Maintenance obligations (COM/2004/0254 final)
Council Reaulation <ECl No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments
in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000
Proposal for a modification COMC2006l 399 final
Corrected by Council RaoulationCECl 2201/2003 R!01 l
Corrected by Council Regu!ation<EC! 2201/2003 R(Q2l
Corrected by Council Reculation(ECl 2201/2003 R!03l
Amended by Council ReaulatlonCECl 2116/2004
Repeals Council Regulation !ECl 1347/2000
Green PaD9r on the conversion of the Rome Convention 1980 on the law applicable to contractual obligations into a Community
instrument and its modernisation (COM/2002/0654 final)
Comcarallve law study on rules of conflicts of jurisdiction and conflicts of law concerning wills and successions In the Member States
of the European Union, November 2002
09/11/11 European Commission - European Judicial Network - Applicable law- Com ...
Amended by Commission Regulation (ECl 224512004
Amended by Agreement 2005A1116(01l
Amended by the Council Regulation (ECl 1791/2006
Consolidated form
Rome Convention 1960 on the law applicable to contractual obligations (consolidated)
Convention on the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the
Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic to the Convention on the law applicable to contractual obligations opened fer signature in Rome on 19 June 1980, and to the
First and Second Protocols on its interpretation by the Court of Justice of the European Communities - Declarations
2007/856/EC: Council Decision of 8 November 2007 concamlng the accession of the Republic of Bulgaria and of Romania to the
Convention on the Law applicable to Contractual Obligations, opened fer signature in Rome on 19 June 1980
Brussels Convemion 1968 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
(consolidated)
Preparatory documents and archives m (PDF fila 88 KB)
c Applicable law- General information I Communitv law - General inform align "
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