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Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and the Council on the law applicable to non-contractual obligations (Rome II)’

(COM(2003) 427 final – 2003/0168 (COD))

(2004/C 241/01)

On 8 September 2003 the Council decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the:

Proposal for a Regulation of the European Parliament and the Council on the law applicable to non-contractual obligations (Rome II).

The Section for the Single Market, Production and Consumption, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 4 May 2004. The rapporteur was Mr Frank von Fürstenwerth.

At its 409th plenary session of 2 and 3 June 2004 (meeting of 2 June 2004) the European Economic and Social Committee adopted the following opinion with 168 votes in favour and eight abstentions.

1.   Summary of the conclusions

2.   Introduction: Explanatory Memorandum

2.2   The legislative background

3.   Legal basis

4.   Material scope, application of third-country law (Articles 1, 2)

5.   Rules applicable to non-contractual obligations arising out of a tort or delict (Articles 3 to 8)

6.   Rules applicable to non-contractual obligations arising out of an act other than a tort or delict

7.   Common rules applicable to non-contractual obligations arising out of a tort or delict and out of an act other than a tort or delict

8.   Other provisions/Final provisions

9.   Conclusion

The Committee calls on the Commission, once corrections have been made, to complete work on the regulation as rapidly as possible so that it can enter into force. The Commission should:

Brussels, 2 June 2004.

The President

of the European Economic and Social Committee

Roger BRIESCH

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(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ L 12, 16.1.2001, p. 1.

(2)  Proposal for a Council Regulation creating a European enforcement order for uncontested claims, COM(2002) 159 final of 18.4.2002.

(3)  Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, OJ L 160, 30.6.2000, p. 37.

(4)  Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters, OJ L 174, 27.6.2001, p. 1.

(5)  Commission Recommendation of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes (98/257/EC), OJ L 115, 17.4.1998, p. 31.

(6)  Council Decision of 28 May 2001 establishing a European Judicial Network in civil and commercial matters (2001/470/EC), OJ L 174, 27.6.2001, p. 25.

(7)  Communication from the Commission to the Council and the European Parliament on European contract law (2001/C 255/01), OJ C 255, 13.9.2001, p. 1.

(8)OJ C 61, 10.3.1990, p. 14.

(9)OJ L 95, 21.4.1993, p. 29.

(10)  Commission Green Paper on the conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community instrument and its modernisation (COM(2002) 654 final).

(11)  The Geneva Convention providing a uniform law for bills of exchange and promissory notes of 7 June 1930, the Geneva Convention providing a uniform law for cheques of 19 March 1931, the Paris Convention of 29 July 1960 and a number of complementary conventions.

(12)  In contrast, for example, to the law in force in Germany since 1999 (Article 40(1) of the implementing law for the Code of Civil Law - EGBGB), which takes the place where the event occurred as the decisive criterion.

(13)  Who is likely to be familiar with local law, will not need to concern himself with other systems of law and may benefit from a lower level of liability for dangerous practices.

(14)  Proposal for a Directive of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the Internal Market and amending directives 84/450/EEC, 97/7/EC and 98/27/EC, COM(2003) 356, 18.6.2003.

(15)  This is confirmed, albeit very briefly, in the explanatory memorandum (p. 22).

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