Rome I Rome II and Rome III Regulations

Rome I, Rome II and Rome III Regulations Ø The Community authorities follow the attribution of jurisdiction in Article 81 of the TFEU (formerly Article 65 TA): Rome I Regulation Rome II Regulation Unification of rules of conflict Rome III Regulation The same legal system will apply regardless of the Court of the Member State before which the claim is filed = predictability 1/4

Rome I, Rome II and Rome III Regulations Rome I A) General solutions q Freedom of choice q Solutions for types of contracts q Legal system of the state where party required to effect the characteristic performance has its habitual residence q Escape clause B) Special solutions q Carriage q Consumers q Employment q Insurance 2/4

Rome I, Rome II and Rome III Regulations Rome II A) General solutions q Freedom of choice (with exceptions) q Law of common habitual residence q Closer connections q Locus danmi B) Special solutions q Product liability q Unfair competition / Acts restricting free competition q Environmental harm q Intellectual property q Collective action * Exclusion of damage to privacy, honour, etc. from the material scope of liability 3/4

Rome I, Rome II and Rome III Regulations Rome III Ø Negotiation by enhanced cooperation Ø Exclusion of annulment from the material scope A) Solutions q Freedom of choice q In the absence of a choice, the legal systems referred to in Article 8 will be applied. 4/4