The Rome I Regulation on the Law Applicable to Contractual Obligations

Abstract The Rome I Regulation applies to all EU Member States (except Denmark) in relation to ‘contractual obligations in civil and commercial matters’ in ‘situations involving a conflict of laws’ that arise out of contracts concluded from 17 December 2009. The Rome I Regulation has been described by the European Commission as ‘a central element of the Community acquis in the area of civil justice’. This book provides analysis on the development of the Rome I Regulation. It studies in detail the historical background, the legislative development, and the teleological purpose of the Regulation. Beginning with the work that led up to the 1972 Draft Convention and the much neglected original French rapporteur's commentary, the book traces developments in the text through the 1980 Convention, highlights the legislative developments that began with the 2003 Green Paper, the Commission's 2005 Proposal, and the subsequent negotiations that took place in the European Council and European Parliament that led to the final text of the Rome I Regulation itself. Particular emphasis is placed on highlighting the legislative intent reflected in the changes to the text of the draft Regulation that were made by the Civil Law Committee (Rome I) of the Council. The book marks out the borderline between the Rome I and Rome II Regulations, and considers in detail the application of the conflict-of-law rules in the Rome I Regulation to the specifically protected contracts such as consumer, insurance, carriage of passengers, and individual employment contracts.