Following its endorsement on Friday by the European Council, and by the European
Parliament in November, a regulation harmonising the rules concerning the law
applicable to contractual obligations (to be known as Rome I) has been approved.
The regulation, building on the fundamental principle that the governing law
of a contract is that agreed by the contracting parties, provides citizens and
companies of the European Union the security to enter into a contract in the
knowledge that courts in all the Member States will apply the same principles
on those cross-border elements of contractual disputes. In turn, this will facilitate
the mutual recognition of court decisions in the European Union.
The Rome I Regulation aims to ensure that a proper balance is struck between
the interests of the various parties involved in a cross-border dispute and
identifying the law which is most appropriate.
Consumers, in particular, will benefit from better protection under the new
rules, which are fully consistent with the common rules of jurisdiction laid
down by the 'Brussels I' Regulation of 22 December, 2000. As an example, the
Regulation seeks to clarify the applicable law when a consumer buys a product
on the internet from a company located in another Member State.
Vice-President of the Commission, and Commissioner responsible for Justice
Freedom and Security, Franco Frattini, congratulated the Portuguese Presidency
of the European Union on an ambitious legislative programme on civil justice
matters, announcing that:
"This is an important piece of legislation both for the completion of
the European Area of Justice and for the proper functioning of the internal
market. With the adoption of this Regulation, harmonising the rules concerning
the law applicable to contractual obligations, the European Union is providing
citizens and companies operating in its territory with an ambitious legislative
tool box on civil justice matters."
"This proposal will provide much needed legal certainty, benefiting the
increasing cross border nature of trade and commercial transactions."