Rome I & Rome II -Law applicable to contractual and non-contractual obligations-Analysis and experiences EU

Start Date: Thursday, May 31, 2012
End Date: Friday, June 01, 2012
Category: EU Civil Law, Civil Law Civil Judicial Cooperation
Venue: Trier, Germany
Country: Academy of European Law (ERA)
Leading organisation: ERA-Academy of European Law
Cooperative Partner:
Language(s): English, French, German
Training level:
Target audience:
Participants(EJTN): 50
Contact: Christiane Schmitz
Contact e-mail:
Contact phone: +49 651 9 37 37 122

Course Description

ERA will organise a conference on international commercial law with a focus on the law applicable to contractual and non-contractual obligations.

The role of legal practitioners in identifying the applicable law in cross-border disputes is crucial and makes mastering the relevant EU legislative instruments of utmost importance for daily practice. The Rome I and Rome II Regulations are the two main instruments adopted in this sector that have resulted to a certain level of 'communitarisation' of Private International Law and have to a great extent reformed this field of law. The conference will provide a forum for debate between legal practitioners, namely judges, lawyers and notaries on the practical implementation of these two instruments of European private international law.

Rome I:

The choice of law for contracts is an issue affecting all businesses that enter into cross-border transactions and lawyers who advise on it. Regulation 593/2008 dealing with the law applicable to contractual obligations provides for general rules as well as special ones for specific types of contracts, such as consumer contracts, contracts of carriage of goods and insurance contracts. It serves a number of goals by providing party autonomy, legal certainty, flexibility and protection of weaker parties. The conference will analyse the content of this substantial and complex instrument, its scope, conditions for choice of law and the applicable law in the absence of choice. Provisions for the different types of contracts likely to lead to a dispute will be discussed in the context of present experiences of its application in the member states.

Rome II:

Regulation 864/2007 dealing with the question of the applicable law in cross-border disputes arising from non-contractual obligations is highly important in the context of constantly increasing mobility within the EU, likely at some points to result in torts. In order to increase legal certainty, the Rome II Regulation defines the applicable law by providing a limited freedom of choice to the parties and indicating general, as well as specific rules for certain types of torts or delicts. Its scope of application, the concrete provisions it includes and the specialised regimes it creates in cases of product liability, unfair competition, environmental damage, infringement of intellectual property rights and others will be discussed in detail. Emerging jurisprudence (e.g. Case C-412/10) will be analysed and participating legal practitioners will be invited to share and evaluate their own experience in their member states.

Accommodation:

2 nights hotel accommodation and 300 euros costs covered.