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Category Archives: Rome Convention

ERA Conference on Recent Developments in Private International Law and Business Law

The Academy of European Law (ERA), situated in Trier and with the financial support of the European Commission, organises conferences and summer schools on various topics of EU law. On 5-6 June a conference was held on recent developments in private international law and business law (covering civil jurisdiction, civil procedure, contract, delict, insolvency, and [...]

Rome I Regulation Published in the Official Journal

The Rome I Regulation (see the dedicated section of our site, and the programme of the forthcoming conference organized by the Journal of Private International Law) has been published in the Official Journal of the European Union n. L 177 of 4 July 2008. The official reference is the following:
Regulation (EC) No 593/2008 of the [...]

Publication: Briggs on Agreements on Jurisdiction and Choice of Law

It has been our book of the month for a few weeks now, but as yet we have not formally announced the publication of Professor Adrian Briggs‘ latest work, Agreements on Jurisdiction and Choice of Law (Oxford, OUP, 2008). So, here’s the blurb:
In this book, the author analyses the law and practice relating to [...]

Dutch Reference for a Preliminary Ruling on Art. 4 of the Rome Convention (Update)

Following our post on the first reference for a preliminary ruling on the Rome Convention on the law applicable to contractual obligations, the questions referred by the Dutch Supreme Court (Hoge Raad) have been published on the ECJ’s website.
The case, lodged on 2 April 2008, is pending under C-133/08, ICF (Intercontainer Interfrigo (ICF) SC v [...]

First Reference for a Preliminary Ruling on the Rome Convention

On 28 March 2008, in case Intercontainer Interfrigo (ICF) S.C./M.I.C. Operations B.V. and another (Nr. C06/318HR - LJN BC2726), the Dutch Supreme Court (Hoge Raad) made a preliminary reference to the ECJ, with regard to the interpretation of Art. 4 of the 1980 Rome Convention on the law applicable to contractual obligations.
The preliminary reference is [...]

Book: La Unión Europea ante el Derecho de la Globalización

An interesting volume, collecting the contributions presented at the Seminario de Otoño de Derecho Internacional Privado (Fall Seminar on Private International Law), hosted in October 2007 by the University Carlos III of Madrid, has been recently published by Editorial Colex, under the editorship of Prof. Alfonso Luis Calvo-Caravaca and Prof. Esperanza Castellanos Ruiz: La Unión [...]

Rome I: Statements by the Council and the Commission on Insurance Contracts and by the French Delegation on Consumer Contracts

Following our post on the release of the final text of the Rome I Regulation, an internal document by the General Secretariat of the Council to the Permanent Representatives Committee (COREPER) confirms that the new Regulation will be soon adopted by the Council (doc. n. 7689/08 of 7 April 2008):
5. The Permanent Representatives Committee is [...]

Rome I - Final Text Released

As we noted in a previous post, the agreement reached by the European Parliament and the Council on the Rome I Regulation was transposed by the EP in its amendments at first reading to the initial Commission’s Proposal. Once revised by the lawyer-linguists, this modified version of the Regulation would have been adopted by the [...]

New Book: Japanese and European Private International Law in Comparative Perspective

A very interesting volume, collecting the contributions presented by prominent European and Japanese scholars at a conference organised in 2007 by the Max Planck Institute for Private Law in Hamburg, has been recently published by Mohr Siebeck: Japanese and European Private International Law in Comparative Perspective. A presentation of the book, and the TOC, are [...]

Swiss Institute of Comparative Law: Conference on Rome I Regulation

On Friday, 14th March, the 20th Journée de droit international privé, organised by the Swiss Institute of Comparative Law (ISDC) and the University of Lausanne (Center of Comparative Law, European Law and Foreign Legislations), will analyse the new Rome I Regulation, whose final adoption is expected in one of the first Council’s sessions in early [...]

University of Milan: Prof. Pocar’s Lecture on the Conversion of the Rome Convention into an EC Regulation

On Tuesday 12 February 2008, at 16.30, the Faculty of Political and Social Sciences of the University of Milan will host a lecture (in Italian) by Prof. Fausto Pocar (University of Milan, President of the ICTY) on “The Conversion of the Rome Convention on the Law Applicable to Contractual Obligations into a Community Regulation” (La [...]

Rome I (Update): Council’s Comment on the EP Vote at First Reading - Live Broadcast of the Council’s Public Deliberation - The Debate in the EP - UK to Opt-In

Following our post on the forthcoming JHA Council session (6-7 December 2007), here’s a document prepared by the General Secretariat of the Council for the Permanent Representatives Committee (COREPER), providing a short presentation of the Parliament’s vote on Rome I and the text of the EP legislative resolution at first reading (see our post here):
I. [...]

JHA Council Session (6-7 December 2007): Rome I Regulation and New Hague Convention on the International Recovery of Child Support

On 6 and 7 December the Justice and Home Affairs Council will hold its 2838th session in Brussels, under the Portuguese Presidency. Among the “Justice” issues, scheduled for Friday 7th, the Presidency will inform about the agreement reached with the European Parliament on the Rome I Regulation (see our post on the EP report and [...]

Rome I: EP Adopts Legislative Resolution at First Reading

As reported in our previous post, the EP’s plenary session adopted today in Brussels, at first reading, a legislative resolution on the Rome I Proposal. While largely based, as regards the conflict rules, on the draft legislative resolution contained in the report voted by the JURI Committee on 21 November 2007, the EP’s final text [...]

Rome I - Agreement Reached by EP and Council?

The EP’s Committee on Legal Affairs (JURI) adopted in its meeting of 20 November 2007 a Draft Legislative Resolution on the Rome I Proposal on the law applicable to contractual obligations, on the basis of a new set of 62 “final” compromise amendments presented by the rapporteur, Ian Dumitrescu.
According to the Rome I page of [...]

CLIP Launched its Website

The European Max-Planck-Group for Conflict of Laws in Intellectual Property, known also as CLIP, has just recently made its website accessible to the public. Under the http://www.cl-ip.eu one may now find the references to the documents they produced and the two pdf. files previously posted here, list of the members with links to their biographical [...]

Croatian Article on Choice-of-Law and Choice-of-Court Agreements

Davor Babić has published an article on the choice-of-court and choice-of-law clauses in the cross-border contracts involving immoveables (“Izbor nadležnog suda i mjerodavnog prava u ugovorima o nekretninama s međunarodnim obilježjem”) in the July edition of the Croatian monthly journal Pravo i porezi, pp. 47-58.
The summary states that the author deals with the contents and [...]

Rome I: Council’s Compromise Package, Insurance Contracts, Financial Aspects Relating to Articles 4 and 5

Following our post on the note from the Luxembourg delegation relating to consumer contracts, a number of new interesting documents on the Rome I Proposal have been made publicly available on the Register of the Council.
Here’s a brief presentation:
- doc. n. 8022/07 ADD 1 REV 1 of 13 April 2007, containing a “compromise package” prepared [...]

French Judgements on Article 5(1)(b) of the Brussels I Regulation, Part II

In a recent post, I presented two 2006 judgements of the French supreme court for private matters (cour de cassation) on the application of Article 5 (1)(b) to distribution contracts. The Cour de cassation had held twice that the distribution contracts were Contracts for the Provision of Services in the meaning of article 5.
On [...]

Conference: «The New European Contract Law: From the Rome Convention to the “Rome I” Regulation»

An international symposium on Rome I Proposal is organised on March 23th and 24th in Bari by the Fondazione Italiana per il Notariato (Italian Notary Public Foundation) and the University of Bari (Department of International Law and EU Law):
More than fifteen years after the Rome Convention on the law applicable to contractual obligations took effect, [...]