1980 Rome Convention on the law applicable to contractual obligations (consolidated version)
Date: 1998-01-26
Institutions: Council of the European Union
Subjects: Intergovernmental Convention (EU), consolidation of EU law, contract, enforcement of ruling, jurisdiction, private international law

C 27/34

EN

Official  Journal  of  the  European  Communities

26.  1.  98

Convention  on  the  law  applicable  to  contractual  obligations  (consolidated  version)

First  Protocol  on  the  interpretation  of  the  1980  Convention  by  the  Court  of  Justice
(consolidated  version)

Second  Protocol  conferring  on  the  Court  of  Justice  powers  to  interpret  the  1980  Convention
(consolidated  version)

(98/C 27/02)

PRELIMINARY  NOTE

The signing on 29 November 1996 of the Convention on
the  accession  of  the  Republic  of  Austria,  the  Republic  of
Finland  and  the  Kingdom  of  Sweden  to  the  Rome
Convention  on 
to  contractual
obligations and to the two Protocols on its interpretation
by the Court of Justice has made it desirable to produce a
consolidated  version  of  the  Rome  convention  and  of
those  two  Protocols.

law  applicable 

the 

These  texts  are  accompanied  by  three  Declarations,  one
made  in  1980  with  regard  to  the  need  for  consistency
between  measures  to  be  adopted  on  choice-of-law  rules
by  the  Community  and  those  under  the  Convention,  a

second,  also  made  in  1980,  on  the  interpretation  of  the
Convention  by  the  Court  of  Justice  and  a  third,  made
in  1996,  concerning  compliance  with  the  procedure
provided  for  in  Article  23  of  the  Rome  Convention  as
regards  carriage  of  goods  by  sea.

The  text  printed  in  this  edition  was  drawn  up  by  the
General  Secretariat  of  the  Council,  in  whose  archives  the
originals  of  the  instruments  concerned  are  deposited.  It
should  be  noted,  however,  that  this  text  has  no  binding
force.  The  official  texts  of  the  instruments  consolidated
are  to  be  found  in  the  following  Official  Journals.

Language
version  of  the
Official Journal

German

1980
Convention

1984
Accession

1988
First  Protocol

1988
Second  Protocol

1992
Accession
Convention

1996
Accession
Convention

L  266,
9.  10.  1980,
p.  1

L  146,
31.  5.  1984,
p.  1

L  48,
20.  2.  1989,
p.  1

L  48,
20.  2.  1989,
p.  17

L  333,
18.  11.  1992,
p.  1

C  15,
15.  1.  1997,
p.  10

English

Danish

French

Greek

Irish

Italian

L  266,
9.  10.  1980,
p.  1

L  146,
31.  5.  1984,
p.  1

L  48,
20.  2.  1989,
p.  1

L  48,
20.  2.  1989,
p.  17

L  333,
18.  11.  1992,
p.  1

C  15,
15.  1.  1997,
p.  10

L  266,
9.  10.  1980,
p.  1

L  146,
31.  5.  1984,
p.  1

L  48,
20.  2.  1989,
p.  1

L  48,
20.  2.  1989,
p.  17

L  333,
18.  11.  1992,
p.  1

C  15,
15.  1.  1997,
p.  10

L  266,
9.  10.  1980,
p.  1

L  146,
31.  5.  1984,
p.  1

L  48,
20.  2.  1989,
p.  1

L  48,
20.  2.  1989,
p.  17

L  333,
18.  11.  1992,
p.  1

C  15,
15.  1.  1997,
p.  10

L  146,
31.  5.  1984,
p.  7

L  146,
31.  5.  1984,
p.  1

L  48,
20.  2.  1989,
p.  1

L  48,
20.  2.  1989,
p.  17

L  333,
18.  11.  1992,
p.  1

C  15,
15.  1.  1997,
p.  10

Special Edition
(L  266)

Special Edition
(L  146)

Special Edition
(L  48)

Special Edition
(L  48)

Special Edition
(L  333)

Special Edition
(C  15)

L  266,
9.  10.  1980,
p.  1

L  146,
31.  5.  1984,
p.  1

L  48,
20.  2.  1989,
p.  1

L  48,
20.  2.  1989,
p.  17

L  333,
18.  11.  1992,
p.  1

C  15,
15.  1.  1997,
p.  10

26.  1.  98

EN

Official  Journal  of  the  European  Communities

C 27/35

Language
version  of  the
Official Journal

Dutch

Spanish

Portuguese

Finnish

Swedish

1980
Convention

1984
Accession

1988
First  Protocol

1988
Second  Protocol

1992
Accession
Convention

1996
Accession
Convention

L  266,
9.  10.  1980,
p.  1

L  146,
31.  5.  1984,
p.  1

L  48,
20.  2.  1989,
p.  1

L  48,
20.  2.  1989,
p.  17

L  333,
18.  11.  1992,
p.  1

C  15,
15.  1.  1997,
p.  10

Special Edition,
Chapter  1,
Volume  3,
p.  36  (See  also
OJ  L  333,  p.  17)

Special Edition,
Chapter  1,
Volume  4,
p.  36  (See  also
OJ  L  333,  p.  72)

Special Edition,
Chapter  1,
Volume  3,
p.  36  (See  also
OJ  L  333,  p.  7)

Special Edition,
Chapter  1,
Volume  4,
p.  72  (See  also
OJ  L  333,  p.  74)

L  48,
20.  2.  1989,
p.  1

L  48,
20.  2.  1989,
p.  17

L  333,
18.  11.  1992,
p.  1

C  15,
15.  1.  1997,
p.  10

L  48,
20.  2.  1989,
p.  1

L  48,
20.  2.  1989,
p.  17

L  333,
18.  11.  1992,
p.  1

C  15,
15.  1.  1997,
p.  10

C  15,
15.  1.  1997,
p.  70

C  15,
15.  1.  1997,
p.  66

C  15,
15.  1.  1997,
p.  60

C  15,
15.  1.  1997,
p.  64

C  15,
15.  1.  1997,
p.  68

C  15,
15.  1.  1997,
p.  53

C  15,
15.  1.  1997,
p.  70

C  15,
15.  1.  1997,
p.  66

C  15,
15.  1.  1997,
p.  60

C  15,
15.  1.  1997,
p.  64

C  15,
15.  1.  1997,
p.  68

C  15,
15.  1.  1997,
p.  53

C 27/36

EN

Official  Journal  of  the  European  Communities

26.  1.  98

ANNEX

CONVENTION

on  the  law  applicable  to  contractual  obligations (1)

opened  for  signature  in  Rome  on  19  June  1980

PREAMBLE

THE  HIGH  CONTRACTING  PARTIES  to  the  Treaty  establishing  the  European  Economic  Community,

ANXIOUS  to  continue  in  the  field  of  private  international  law  the  work  of  unification  of  law  which  has
already  been  done  within  the  Community,  in  particular  in  the  field  of  jurisdiction  and  enforcement  of
judgments,

WISHING  to  establish  uniform  rules  concerning  the  law  applicable  to  contractual  obligations,

HAVE  AGREED  AS  FOLLOWS:

TITLE  I

SCOPE  OF  THE  CONVENTION

Article  1

Scope  of  the  Convention

1.
The  rules  of  this  Convention  shall  apply  to
contractual obligations in any situation involving a choice
between  the  laws  of  different  countries.

2.

They  shall  not  apply  to:

(a) questions  involving  the  status  or  legal  capacity  of
natural  persons,  without  prejudice  to  Article  11;

(b) contractual  obligations  relating  to:

— wills  and  succession,

— rights  in  property  arising  out  of  a  matrimonial

relationship,

(1) Text as amended by the Convention of 10 April 1984 on the
accession of the Hellenic Republic — hereafter referred to as
the  ‘1984  Accession  Convention’  —,  by  the  Convention  of
18 May 1992 on the accession of the Kingdom of Spain and
the Portuguese Republic — hereafter referred to as the ‘1992
Accession  Convention’  —  and  by  the  Convention  on  the
accession of the Republic of Austria, the Republic of Finland
and  the  Kingdom  of  Sweden  —  hereafter  referred  to  as  the
‘1996  Accession  Convention’.

— rights  and  duties  arising  out  of  a 

family
relationship,  parentage,  marriage  or  affinity,
including  maintenance  obligations  in  respect  of
children  who  are  not  legitimate;

(c) obligations  arising  under  bills  of  exchange,  cheques
and  promissory  notes  and  other  negotiable
instruments  to  the  extent  that  the  obligations  under
such  other  negotiable  instruments  arise  out  of  their
negotiable character;

(d) arbitration agreements and agreements on the choice

of  court;

(c) questions  governed  by  the  law  of  companies  and
other  bodies  corporate  or  unincorporate  such  as  the
creation,  by  registration  or  otherwise,  legal  capacity,
internal  organization  or  winding  up  of  companies
and other bodies corporate or unincorporate and the
personal liability of officers and members as such for
the  obligations  of  the  company  or  body;

(f)

the  question  whether  an  agent  is  able  to  bind  a
principal,  or  an  organ  to  bind  a  company  or  body
corporate  or  unincorporate,  to  a  third  party;

(g)

the  constitution  of  trusts  and  the  relationship
between  settlors,  trustees  and  beneficiaries;

(h) evidence  and  procedure,  without  prejudice 

to

Article 14.

3.
The  rules  of  this  Convention  do  not  apply  to
contracts  of  insurance  which  cover  risks  situated  in  the
territories  of  the  Member  States  of  the  European

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Economic  Community.  In  order  to  determine  whether  a
risk is situated in those territories the court shall apply its
internal law.

The  proceeding  paragraph  does  not  apply  to

4.
contracts  of  re-insurance.

Article  2

Application  of  law  of  non-contracting  States

Any  law  specified  by  this  Convention  shall  be  applied
whether  or  not  it  is  the  law  of  a  Contracting  State.

TITLE  II

UNIFORM  RULES

Article  3

Freedom  of  choice

A  contract  shall  be  governed  by  the  law  chosen  by
1.
the  parties.  The  choice  must  be  expressed  or
demonstrated  with  reasonable  certainty  by  the  terms  of
the  contract  or  the  circumstances  of  the  case.  By  their
choice  the  parties  can  select  the  law  applicable  to  the
whole  or  a  part  only  of  the  contract.

2.
The  parties  may  at  any  time  agree  to  subject  the
contract  to  a  law  other  than  that  which  previously
governed it, whether as a result of an earlier choice under
this  Article  or  of  other  provisions  of  this  Convention.
Any  variation  by  the  parties  of  the  law  to  be  applied
made  after  the  conclusion  of  the  contract  shall  not
prejudice  its  formal  validity  under  Article  9  or  adversely
affect  the  rights  of  third  parties.

3.
The fact that the parties have chosen a foreign law,
whether  or  not  accompanied  by  the  choice  of  a  foreign
tribunal,  shall  not,  where  all  the  other  elements  relevant
to  the  situation  at  the  time  of  the  choice  are  connected
with  one  country  only,  prejudice  the  application  of  rules
of  the  law  at  the  country  which  cannot  be  derogated
from  by  contract,  hereinafter  called  ‘mandatory  rules’.

The  existence  and  validity  of  the  consent  of  the
4.
parties  as  to  the  choice  of  the  applicable  law  shall  be
determined 
the  provisions  of
Articles  8,  9  and  11.

in  accordance  with 

Article  4

Applicable  law  in  the  absence  of  choice

contract shall be governed by the law of the country with
which  it  is  most  closely  connected.  Nevertheless,  a
separable  part  of  the  contract  which  has  a  closer
connection  with  another  country  may  by  way  of
exception  be  governed  by  the  law  of  that  other  country.

2.
Subject  to  the  provisions  of  paragraph  5  of  this
Article,  it  shall  be  presumed  that  the  contract  is  most
closely  connected  with  the  country  where  the  party  who
is to effect the performance which is characteristic of the
contract  has,  at  the  time  of  conclusion  of  the  contract,
his habitual residence, or, in the case of a body corporate
or  unincorporate,  its  central  administration.  However,  if
the  contract  is  entered  into  in  the  course  of  that  party’s
trade  or  profession,  that  country  shall  be  the  country  in
which the principal place of business is situated or, where
under  the  terms  of  the  contract  the  performance  is  to  be
effected  through  a  place  of  business  other  than  the
principal  place  of  business,  the  country  in  which  that
other  place  of  business  is  situated.

3. Notwithstanding  the  provisions  of  paragraph  2  of
this  Article,  to  the  extent  that  the  subject  matter  of  the
contract  is  a  right  in  immovable  property  or  a  right  to
use  immovable  property  it  shall  be  presumed  that  the
contract  is  most  closely  connected  with  the  country
where  the  immovable  property  is  situated.

4.
A  contract  for  the  carriage  of  goods  shall  not  be
subject  to  the  presumption  in  paragraph  2.  In  such  a
contract if the country in which, at the time the contract
is  concluded,  the  carrier  has  his  principal  place  of
business is also the country in which the place of loading
or  the  place  of  discharge  or  the  principal  place  of
business of the consignor is situated, it shall be presumed
that  the  contract  is  most  closely  connected  with  that
country.  In  applying  this  paragraph  single  voyage
charter-parties  and  other  contracts  the  main  purpose  of
which  is  the  carriage  of  goods  shall  be  treated  as
contracts  for  the  carriage  of  goods.

Paragraph  2  shall  not  apply  if  the  characteristic
5.
performance cannot be determined, and the presumptions
in paragraphs 2, 3 and 4 shall be disregarded if it appears
from  the  circumstances  as  a  whole  that  the  contract  is
more  closely  connected  with  another  country.

Article  5

Certain  consumer  contracts

1.
This  Article  applies  to  a  contract  the  object  of
which is the supply of goods or services to a person (‘the
consumer’) for a purpose which can be regarded as being
outside  his  trade  or  profession,  or  a  contract  for  the
provision  of  credit  for  that  object.

1.
To the extent that the law applicable to the contract
has  not  been  chosen  in  accordance  with  Article  3,  the

2. Notwithstanding  the  provisions  of  Article  3,  a
choice  of  law  made  by  the  parties  shall  not  have  the
result  of  depriving  the  consumer  of  the  protection

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Official  Journal  of  the  European  Communities

26.  1.  98

afforded to him by the mandatory rules of the law of the
country  in  which  he  has  his  habitual  residence:

(b)

— if  in  that  country  the  conclusion  of  the  contract  was
preceded  by  a  specific  invitation  addressed  to  him  or
by  advertising,  and  he  had  taken  in  that  country  all
the  steps  necessary  on  his  part  for  the  conclusion  of
the  contract,  or

— if the other party or his agent received the consumer’s

order  in  that  country,  or

— if  the  contract  is  for  the  sale  of  goods  and  the
consumer  travelled  from  that  country  to  another
country  and  there  gave  his  order,  provided  that  the
consumer’s journey was arranged by the seller for the
purpose  of  inducing  the  consumer  to  buy.

3. Notwithstanding  the  provisions  of  Article  4,  a
contract to which this Article applies shall, in the absence
of  choice  in  accordance  with  Article  3,  be  governed  by
the  law  of  the  country  in  which  the  consumer  has  his
habitual residence if it is entered into in the circumstances
described  in  paragraph  2  of  this  Article.

4.

This  Article  shall  not  apply  to:

(a) a  contract  of  carriage;

(b) a  contract  for  the  supply  of  services  where  the
services  are 
the  consumer
to  be  supplied 
exclusively  in  a  country  other  than  that  in  which  he
has  his  habitual  residence.

to 

5. Notwithstanding the provisions of paragraph 4, this
Article  shall  apply  to  a  contract  which,  for  an  inclusive
price,  provides 
travel  and
accommodation.

for  a  combination  of 

Article  6

Individual  employment  contracts

1. Notwithstanding  the  provisions  of  Article  3,  in  a
contract  of  employment  a  choice  of  law  made  by  the
parties shall not have the result of depriving the employee
of the protection afforded to him by the mandatory rules
of the law which would be applicable under paragraph 2
in  the  absence  of  choice.

2. Notwithstanding  the  provisions  of  Article  4,  a
contract of employment shall, in the absence of choice in
accordance  with  Article  3,  be  governed:

(a) by  the  law  of  the  country  in  which  the  employee
habitually carries out his work in performance of the
contract,  even  if  he  is  temporarily  employed  in
another  country;  or

if  the  employee  does  not  habitually  carry  out  his
work  in  any  one  country,  by  the  law  of  the  country
in which the place of business through which he was
engaged  is  situated;

unless  it  appears  from  the  circumstances  as  a  whole  that
the  contract  is  more  closely  connected  with  another
country,  in  which  case  the  contract  shall  be  governed  by
the  law  of  that  country.

Article  7

Mandatory  rules

1. When  applying  under  this  Convention  the  law  of  a
country,  effect  may  be  given  to  the  mandatory  rules  of
the law of another country with which the situation has a
close connection, if and in so far as, under the law of the
latter  country,  those  rules  must  be  applied  whatever  the
law  applicable  to  the  contract.  In  considering  whether  to
give  effect  to  these  mandatory  rules,  regard  shall  be  had
to  their  nature  and  purpose  and  to  the  consequences  of
their  application  or  non-application.

in  this  Convention  shall  restrict  the
2. Nothing 
application  of  the  rules  of  the  law  of  the  forum  in  a
situation  where  they  are  mandatory  irrespective  of  the
law  otherwise  applicable  to  the  contract.

Article  8

Material validity

1.
The  existence  and  validity  of  a  contract,  or  of  any
term of a contract, shall be determined by the law which
would  govern  it  under  this  Convention  if  the  contract  or
term  were  valid.

2. Nevertheless  a  party  may  rely  upon  the  law  of  the
country  in  which  he  has  his  habitual  residence  to
establish  that  he  did  not  consent  if  it  appears  from  the
circumstances  that 
it  would  not  be  reasonable  to
determine  the  effect  of  his  conduct  in  accordance  with
the  law  specified  in  the  preceding  paragraph.

Article  9

Formal validity

1.
A  contract  concluded  between  persons  who  are  in
the same country is formally valid if it satisfies the formal
requirements  of  the  law  which  governs  it  under  this
Convention  or  of  the  law  of  the  country  where  it  is
concluded.

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A  contract  concluded  between  persons  who  are  in
2.
different  countries  is  formally  valid  if  it  satisfies  the
formal  requirements  of  the  law  which  governs  it  under
this  Convention  or  of  the  law  of  one  of  those  countries.

3. Where  a  contract  is  concluded  by  an  agent,  the
country  in  which  the  agent  acts  is  the  relevant  country
for  the  purposes  of  paragraphs  1  and  2.

An  act  intended  to  have  legal  effect  relating  to  an
4.
existing  or  contemplated  contract  is  formally  valid  if  it
satisfies  the  formal  requirements  of  the  law  which  under
this Convention governs or would govern the contract or
of  the  law  of  the  country  where  the  act  was  done.

5.
The  provisions  of  the  preceding  paragraphs  shall
not  apply  to  a  contract  to  which  Article  5  applies,
concluded  in  the  circumstances  described  in  paragraph  2
of  Article  5.  The  formal  validity  of  such  a  contract  is
governed  by  the  law  of  the  country  in  which  the
consumer  has  his  habitual  residence.

6. Notwithstanding paragraphs 1 to 4 of this Article, a
contract  the  subject  matter  of  which  is  a  right  in
immovable  property  or  a  right  to  use 
immovable
property  shall  be  subject  to  the  mandatory  requirements
of  form  of  the  law  of  the  country  where  the  property  is
situated  if  by  that  law  those  requirements  are  imposed
irrespective  of 
is
the  country  where 
concluded  and  irrespective  of  the  law  governing  the
contract.

the  contract 

Article  10

Scope  of  applicable  law

1.
The  law  applicable  to  a  contract  by  virtue  of
Articles 3 to 6 and 12 of this Convention shall govern in
particular:

(a)

interpretation;

(b) performance;

(c) within  the  limits  of  the  powers  conferred  on  the
court  by  its  procedural  law,  the  consequences  of
breach, including the assessment of damages in so far
as  it  is  governed  by  rules  of  law;

(d)

the  various  ways  of  extinguishing  obligations,  and
prescription  and  limitation  of  actions;

(e)

the  consequences  of  nullity  of  the  contract.

In  relation  to  the  manner  of  performance  and  the
2.
steps  to  be  taken  in  the  event  of  defective  performance
regard  shall  be  had  to  the  law  of  the  country  in  which
performance  takes  place.

Article  11

Incapacity

In  a  contract  concluded  between  persons  who  are  in  the
same country, a natural person who would have capacity
under  the  law  of  that  country  may  invoke  his  incapacity
resulting  from  another  law  only  if  the  other  party  to  the
contract  was  aware  of  this  incapacity  at  the  time  of  the
conclusion of the contract or was not aware thereof as a
result  of  negligence.

Article  12

Voluntary  assignment

1.
The  mutual  obligations  of  assignor  and  assignee
under  a  voluntary  assignment  of  a  right  against  another
person  (‘the  debter’)  shall  be  governed  by  the  law  which
under  this  Convention  applies  to  the  contract  between
the  assignor  and  assignee.

The 

the  right 

law  governing 

2.
the
assignment  relates  shall  determine  its  assignability,  the
relationship  between  the  assignee  and  the  debtor,  the
conditions  under  which  the  assignment  can  be  invoked
against the debtor and any question whether the debtor’s
obligations  have  been  discharged.

to  which 

Article  13

Subrogation

1. Where  a  person  (‘the  creditor’)  has  a  contractual
claim upon another (‘the debtor’), and a third person has
a  duty  to  satisfy  the  creditor,  or  has  in  fact  satisfied  the
creditor in discharge of that duty, the law which governs
the  third  person’s  duty  to  satisfy  the  creditor  shall
determine whether the third person is entitled to exercise
against  the  debtor  the  rights  which  the  creditor  had
against  the  debtor  under  the 
law  governing  their
relationship  and,  if  so,  whether  he  may  do  so  in  full  or
only  to  a  limited  extent.

2.
The  same  rule  applies  where  several  persons  are
subject  to  the  same  contractual  claim  and  one  of  them
has  satisfied  the  creditor.

Article  14

Burden  of  proof,  etc.

The 

law  governing 

1.
this
Convention  applies  to  the  extent  that  it  contains,  in  the
law of contract, rules which raise presumptions of law or
determine  the  burden  of  proof.

the  contract  under 

2.
A  contract  or  an  act  intended  to  have  legal  effect
may  be  proved  by  any  mode  of  proof  recognized  by  the
law  of  the  forum  or  by  any  of  the  laws  referred  to  in
Article  9  under  which  that  contract  or  act  is  formally
valid,  provided  that  such  mode  of  proof  can  be
administered  by  the  forum.

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Article  15

Exclusion  of  convoi

Article  21

Relationship  with  other  conventions

The  application  of  the  law  of  any  country  specified  by
this Convention means the application of the rules of law
in  force  in  that  country  other  than  its  rules  of  private
international law.

This  Convention  shall  not  prejudice  the  application  of
international conventions to which a Contracting State is,
or  becomes,  a  party.

Article  16

‘Ordre public’

Article  22

Reservations

The  application  of  a  rule  of  the  law  of  any  country
specified  by  this  Convention  may  be  refused  only  if  such
application  is  manifestly  incompatible  with  the  public
policy  (‘ordre  public’)  of  the  forum.

1.
Any Contracting State may, at the time of signature,
ratification,  acceptance  or  approval,  reserve  the  right  not
to  apply:

(a)

the  provisions  of  Article  7  (1);

Article  17

(b)

the  provisions  of  Article  10  (1)  (e).

No  retrospective  effect

2.

. . . (1)

This  Convention  shall  apply  in  a  Contracting  State  to
contracts  made  after  the  date  on  which  this  Convention
has  entered  into  force  with  respect  to  that  State.

Any Contracting State may at any time withdraw a
3.
reservation which it has made; the reservation shall cease
to have effect on the first day of the third calendar month
after  notification  of  the  withdrawal.

Article  18

Uniform  interpretation

In  the  interpretation  and  application  of  the  preceding
uniform  rules,  regard  shall  be  had  to  their  international
character  and  to  the  desirability  of  achieving  uniformity
in  their  interpretation  and  application.

Article  19

States  with  more  than  one  legal  system

1. Where  a  State  comprises  several  territorial  units
each  of  which  has  its  own  rules  of  law  in  respect  of
contractual  obligations,  each  territorial  unit  shall  be
considered  as  a  country  for  the  purposes  of  identifying
the  law  applicable  under  this  Convention.

A  State  within  which  different  territorial  units  have
2.
their  own  rules  of 
in  respect  of  contractual
obligations  shall  not  be  bound  to  apply  this  Convention
to  conflicts  solely  between  the  laws  of  such  units.

law 

Article  20

Precedence  of  Community  law

This  Convention  shall  not  affect  the  application  of
provisions  which,  in  relation  to  particular  matters,  lay
down  choice  of 
law  rules  relating  to  contractual
obligations and which are or will be contained in acts of
the  institutions  of  the  European  Communities  or  in
national  laws  harmonized  in  implementation  of  such
acts.

TITLE  III

FINAL  PROVISIONS

Article  23

1.
If,  after  the  date  on  which  this  Convention  has
entered  into  force  for  a  Contracting  State,  that  State
wishes  to  adopt  any  new  choice  of  law  rule  in  regard  to
any  particular  category  of  contract  within  the  scope  of
this Convention, it shall communicate its intention to the
other  signatory  States  through  the  Secretary-General  of
the  Council  of  the  European  Communities.

Any  signatory  State  may,  within  six  months  from
2.
the  date  of 
the
Secretary-General,  request  him  to  arrange  consultations
between  signatory  States  in  order  to  reach  agreement.

communication  made 

the 

to 

to 

3.
If  no  signatory  State  has  requested  consultations
within  this  period  or  if  within  two  years  following  the
communication  made 
the  Secretary-General  no
agreement  is  reached  in  the  course  of  consultations,  the
Contracting  State  concerned  may  amend  its  law  in  the
manner indicated. The measures taken by that State shall
be brought to the knowledge of the other signatory States
through  the  Secretary-General  of  the  Council  of  the
European  Communities.

(1) Paragraph  deleted  by  Article  2  (1)  of  the  1992  Accession

Convention.

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Article  24

be deposited with the Secretary-General of the Council of
the  European  Communities (2).

1.
If,  after  the  date  on  which  this  Convention  has
entered  into  force  with  respect  to  a  Contracting  State,
that  State  wishes  to  become  a  party  to  a  multilateral
convention  whose  principal  aim  or  one  of  whose
principal  aims 
lay  down  rules  of  private
international law concerning any of the matters governed
by  this  Convention,  the  procedure  set  out  in  Article  23
shall apply. However, the period of two years, referred to
in  paragraph  3  of  that  Article,  shall  be  reduced  to  one
year.

to 

is 

in 

to 

The  procedure  referred 

the  preceding
2.
paragraph need not be followed if a Contracting State or
one  of  the  European  Communities  is  already  a  party  to
the  multilateral  convention,  or  if  its  object  is  to  revise  a
convention  to  which  the  State  concerned  is  already  a
party,  or  if  it  is  a  convention  concluded  within  the
framework  of  the  Treaties  establishing  the  European
Communities.

Article  25

If  a  Contracting  State  considers  that  the  unification
is  prejudiced  by  the
achieved  by  this  Convention 
conclusion  of  agreements  not  covered  by  Article  24  (1),
that  State  may  request  the  Secretary-General  of  the
Council  of  the  European  Communities  to  arrange
consultations  between 
this
Convention.

the  signatory  States  of 

Article  26

Any  Contracting  State  may  request  the  revision  of  this
Convention.  In  this  event  a  revision  conference  shall  be
convened by the President of the Council of the European
Communities.

Article  27 (1)

Article  28

This  Convention  shall  be  open  from  19  June  1980
the  Treaty
the  States  party 

1.
for  signature  by 
establishing  the  European  Economic  Community.

to 

2.
This  Convention  shall  be  subject  to  ratification,
acceptance  or  approval  by  the  signatory  States.  The
instruments  of  ratification,  acceptance  or  approval  shall

(1) Article  deleted  by  Article  2  (1)  of  the  1992  Accession

Convention.

Article  29 (3)

1.
This  Convention  shall  enter  into  force  on  the  first
day  of  the  third  month  following  the  deposit  of  the
seventh 
ratification,  acceptance  or
approval.

instrument  of 

2.
This  Convention  shall  enter  into  force  for  each
signatory State ratifying, accepting or approving at a later
date  on  the  first  day  of  the  third  month  following  the
deposit  of  its  instrument  of  ratification,  acceptance  or
approval.

(2) Ratification of the Accession Conventions is governed by the

following  provisions  of  those  conventions:

— as  regards  the  1984  Accession  Convention,  by  Article  3

of  that  Convention,  which  reads  as  follows:
‘Article  3
This  Convention  shall  be  ratified  by  the  signatory  States.
The instruments of ratification shall be deposited with the
Secretary-General  of 
the  European
Communities.’,

the  Council  of 

— as  regards  the  1992  Accession  Convention,  by  Article  4

of  that  Convention,  which  reads  as  follows:
‘Article  4
This  Convention  shall  be  ratified  by  the  signatory  States.
The instruments of ratification shall be deposited with the
Secretary-General  of 
the  European
Communities.’,

the  Council  of 

— as  regards  the  1996  Accession  Convention,  by  Article  5

of  that  Convention,  which  reads  as  follows:
‘Article  5
This  Convention  shall  be  ratified  by  the  signatory  States.
The instruments of ratification shall be deposited with the
Secretary-General  of 
the  European
Union.’.

the  Council  of 

(3) The  entry  into  force  of  the  Accession  Conventions  is
governed  by  the  following  provisions  of  those  Conventions:

— as  regards  the  1984  Accession  Convention,  by  Article  4

of  that  Convention,  which  reads  as  follows:
‘Article  4
This  Convention  shall  enter  into  force,  as  between  the
States  which  have  ratified  it,  on  the  first  day  of  the  third
month  following  the  deposit  of  the  last  instrument  of
ratification  by  the  Hellenic  Republic  and  seven  States
which have ratified the Convention on the law applicable
to  contractual  obligations.
for  each
This  Convention  shall  enter 
Contracting  State  which  subsequently  ratifies  it  on  the
first  day  of  the  third  month  following  the  deposit  of  its
instrument  of  ratification.’,

force 

into 

— as  regards  the  1992  Accession  Convention,  by  Article  5

of  that  Convention  which  reads  as  follows:
‘Article  5
This  Convention  shall  enter  into  force,  as  between  the
States  which  have  ratified  it,  on  the  first  day  of  the  third
month  following  the  deposit  of  the  last  instrument  of
ratification  by  the  Kingdom  of  Spain  or  the  Portuguese
Republic  and  by  one  State  which  has  ratified  the
Convention  on 
to  contractual
obligations.

law  applicable 

the 

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Article  30

(a)

the  signatures;

1.
This  Convention  shall  remain  in  force  for  10  years
from  the  date  of  its  entry  into  force  in  accordance  with
Article  29  (1),  even  for  States  for  which  it  enters  into
force  at  a  later  date.

If  there  has  been  no  denunciation  it  shall  be

2.
renewed  tacitly  every  five  years.

A  Contracting  State  which  wishes  to  denounce
3.
shall,  not  less  than  six  months  before  the  expiration  of
the  period  of  10  or  five  years,  as  the  case  may  be,  give
notice  to  the  Secretary-General  of  the  Council  of  the
European  Communities.  Denunciation  may  be  limited  to
any territory to which the Convention has been extended
by  a  declaration  under  Article  27  (2) (1).

4.
The  denunciation  shall  have  effect  only  in  relation
to  the  State  which  has  notified  it.  The  Convention  will
remain  in  force  as  between  all  other  Contracting  States.

Article  31 (2)

The  Secretary-General  of  the  Council  of  the  European
Communities  shall  notify  the  States  party  to  the  Treaty
establishing  the  European  Economic  Community  of:

(b) deposit of each instrument of ratification, acceptance

or  approval;

(c)

the  date  of  entry  into  force  of  this  Convention;

(d) communications  made  in  pursuance  of  Articles  23,

24,  25,  26  and  30 (3);

(e)

the  reservations  and  withdrawals  of  reservations
referred  to  in  Article  22.

Article  32

The  Protocol  annexed  to  this  Convention  shall  form  an
integral  part  thereof.

Article  33 (4)

This  Convention,  drawn  up  in  a  single  original  in  the
Danish, Dutch, English, French, German, Irish and Italian
languages,  these  texts  being  equally  authentic,  shall  be
deposited in the archives of the Secretariat of the Council
of  the  European  Communities.  The  Secretary-General
shall transmit a certified copy thereof to the Government
of  each  signatory  State.

This  Convention  shall  enter 
for  each
Contracting  State  which  subsequently  ratifies  it  on  the
first  day  of  the  third  month  following  the  deposit  of  its
instrument  of  ratification.’,

force 

into 

— as  regards  the  1996  Accession  Convention,  by  Article  6

of  that  Convention,  which  reads  as  follows:
‘Article  6
1.
This  Convention  shall  enter  into  force,  as  between
the  States  which  have  ratified  it,  on  the  first  day  of  the
third  month  following  the  deposit  of  the  last  instrument
of ratification by the Republic of Austria, the Republic of
Finland  or  the  Kingdom  of  Sweden  and  by  one
Contracting  State  which  has  ratified  the  Convention  on
the  law  applicable  to  contractual  obligations.
This  Convention  shall  enter  into  force  for  each
2.
Contracting  State  which  subsequently  ratifies  it  on  the
first  day  of  the  third  month  following  the  deposit  of  its
instrument  of  ratification.’.

(1) Phrase  deleted  by  the  1992  Accession  Convention.

(2) Notification  concerning 

is
governed  by  the  following  provisions  of  those  Conventions:

the  Accession  Convention 

— as  regards  the  1984  Accession  Convention,  by  Article  5

of  that  Convention,  which  reads  as  follows:
‘Article  5
The  Secretary-General  of  the  Council  of  the  European
Communities  shall  notify  Signatory  States  of:
(a)
(b)

the  deposit  of  each  instrument  of  ratification;
the  dates  of  entry  into  force  of  this  Convention  for
the  Contracting  States.’,

— as  regards  the  1992  Accession  Convention,  by  Article  6

of  that  Convention,  which  reads  as  follows:

‘Article  6
The  Secretary-General  of  the  Council  of  the  European
Communities  shall  notify  the  signatory  States  of:
(a)
(b)

the  deposit  of  each  instrument  of  ratification;
the  dates  of  entry  into  force  of  this  Convention  for
the  Contracting  States.’,

— as  regards  the  1996  Accession  Convention,  by  Article  7

of  that  Convention,  which  reads  as  follows:
‘Article  7
The  Secretary-General  of  the  Council  of  the  European
Union  shall  notify  the  signatory  States  of:
(a)
(b)

the  deposit  of  each  instrument  of  ratification;
the  dates  of  entry  into  force  of  this  Convention  for
the  Contracting  States.’.

(3) Point  (d)  as  amended  by  the  1992  Accession  Convention.
(4) An  indication  of  the  authentic  texts  of  the  Accession
Convention  is  to  be  found  in  the  following  provisions:

— as  regards  the  1984  Accession  Convention,  in  Articles  2

the 

law  applicable 

and  6  of  that  Convention,  which  reads  as  follows:
‘Article  2
The  Secretary-General  of  the  Council  of  the  European
Communities  shall  transmit  a  certified  copy  of  the
Convention  on 
to  contractual
in  the  Danish,  Dutch,  English,  French,
obligations 
German, Irish and Italian languages to the Government of
the  Hellenic  Republic.
The  text  of  the  Convention  on  the  law  applicable  to
contractual  obligations  in  the  Greek  language  is  annexed
hereto.  The  text  in  the  Greek  language  shall  be  authentic
under  the  same  conditions  as  the  other  texts  of  the
Convention  on 
to  contractual
obligations.’

law  applicable 

the 

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In  witness  whereof  the  undersigned,  being  duly  authorized  thereto,  having  signed  this
Convention.

Done  at  Rome  on  the  nineteenth  day  of  June  in  the  year  one  thousand  nine  hundred  and
eighty.

[Signatures  of  the  plenipotentiaries]

‘Article  6
This  Convention,  drawn  up  in  a  single  original  in  the
Danish, Dutch, English, French, German, Greek, Irish and
Italian  languages,  all  eight  texts  being  equally  authentic,
shall  be  deposited 
in  the  archives  of  the  General
Secretariat  of  the  Council  of  the  European  Communities.
The  Secretary-General  shall  transmit  a  certified  copy  to
the  Government  of  each  Signatory  State.’,

— as  regards  the  1992  Accession  Convention,  in  Articles  3

and  7  of  that  Convention,  which  read  as  follows:

the 

law  applicable 

‘Article  3
The  Secretary-General  of  the  Council  of  the  European
Communities  shall  transmit  a  certified  copy  of  the
Convention  on 
to  contractual
in  the  Danish,  Dutch,  English,  French,
obligations 
languages  to  the
German,  Greek,  Irish  and  Italian 
Governments  of 
the
Portuguese  Republic.
The  text  of  the  Convention  on  the  law  applicable  to
contractual  obligations  in  the  Portuguese  and  Spanish
languages  is  set  out  in  Annexes  I  and  II  to  this
Convention.  The  texts  drawn  up  in  the  Portuguese  and
Spanish  languages  shall  be  authentic  under  the  same
conditions  as  the  other  texts  of  the  Convention  on  the
law  applicable  to  contractual  obligations.’

the  Kingdom  of  Spain  and 

‘Article  7
This  Convention,  drawn  up  in  a  single  original  in  the
Danish,  Dutch,  English,  French,  German,  Greek,  Irish,
Italian,  Portuguese  and  Spanish  languages,  all  texts  being
equally authentic, shall be deposited in the archives of the
General  Secretariat  of  the  Council  of  the  European

Communities.  The  Secretary-General  shall  transmit  a
certified  copy  to  the  Government  of  each  Signatory
State.’,

— as  regards  the  1996  Accession  Convention,  in  Articles  4

and  8  of  that  Convention,  which  read  as  follows:

the  Council  of 

The  Secretary-General  of 

‘Article  4
1.
the
European  Union  shall  transmit  a  certified  copy  of  the
Convention  of  1980,  the  Convention  of  1984,  the  First
Protocol  of  1988,  the  Second  Protocol  of  1988  and  the
Convention  of  1992  in  the  Danish,  Dutch,  English,
French,  German,  Greek,  Irish,  Italian,  Spanish  and
Portuguese languages to the Governments of the Republic
of  Austria,  the  Republic  of  Finland  and  the  Kingdom  of
Sweden.
2.
The text of the Convention of 1980, the Convention
of  1984,  the  First  Protocol  of  1988,  the  Second  Protocol
of  1988  and  the  Convention  of  1992  in  the  Finnish  and
Swedish  languages  shall  be  authentic  under  the  same
conditions  as  the  other  texts  of  the  Convention  of  1980,
the  Convention  of  1984,  the  First  Protocol  of  1988,  the
Second  Protocol  of  1988  and  the  Convention  of  1992.’

‘Article  8
This  Convention,  drawn  up  in  a  single  original  in  the
Danish,  Dutch,  English,  Finnish,  French,  German,  Greek,
Irish, Italian, Portuguese, Spanish and Swedish languages,
all  12  texts  being  equally  authentic,  shall  be  deposited  in
the  archives  of  the  General  Secretariat  of  the  Council  of
the European Union. The Secretary-General shall transmit
a  certified  copy  to  the  Government  of  each  signatory
State.’

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PROTOCOL (1)

The High Contracting Parties have agreed upon the following provision which shall be annexed
to  the  Convention:

‘Notwithstanding  the  provisions  of  the  Convention,  Denmark,  Sweden  and  Finland  may
retain national provisions concerning the law applicable to questions relating to the carriage
of  goods  by  sea  and  may  amend  such  provisions  without  following  the  procedure  provided
for  in  Article  23  of  the  Convention  of  Rome.  The  national  provisions  applicable  in  this
respect  are  the  following:

— in  Denmark,  paragraphs  252  and  321  (3)  and  (4)  of  the  “Solov”  (maritime  law),

— in Sweden, Chapter 13, Article 2 (1) and (2), and Chapter 14, Article 1 (3), of “sjölagen”

(maritime law),

— in  Finland,  Chapter  13,  Article  2  (1)  and  (2),  and  Chapter  14,  Article  1  (3),  of

“merilaki”/“sjölagen” (maritime law).’

In  witness  whereof  the  undersigned,  being  duly  authorized  thereto,  have  signed  this  Protocol.

Done  at  Rome  on  the  nineteenth  day  of  June  in  the  year  one  thousand  nine  hundred  and
eighty.

[Signatures  of  the  Plenipotentiaries]

(1) Text  as  amended  by  the  1996  Accession  Convention.

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JOINT  DECLARATION

At the time of the signature of the Convention on the law applicable to contractual obligations,
the  Governments  of  the  Kingdom  of  Belgium,  the  Kingdom  of  Denmark,  the  Federal  Republic
of  Germany,  the  French  Republic,  Ireland,  the  Italian  Republic,  the  Grand  Duchy  of
Luxembourg,  the  Kingdom  of  the  Netherlands  and  the  United  Kingdom  of  Great  Britain  and
Northern  Ireland,

I. anxious  to  avoid,  as  far  as  possible,  dispersion  of  choice  of  law  rules  among  several
instruments  and  differences  between  these  rules,  express  the  wish  that  the  institutions  of
the  European  Communities,  in  the  exercise  of  their  powers  under  the  Treaties  by  which
they  were  established,  will,  where  the  need  arises,  endeavour  to  adopt  choice  of  law  rules
which  are  as  far  as  possible  consistent  with  those  of  this  Convention;

II. declare  their  intention  as  from  the  date  of  signature  of  this  Convention  until  becoming
bound by Article 24, to consult with each other if any one of the signatory States wishes to
become  a  party  to  any  convention  to  which  the  procedure  referred  to  in  Article  24  would
apply;

III. having  regard  to  the  contribution  of  the  Convention  on  the  law  applicable  to  contractual
obligations  to  the  unification  of  choice  of  law  rules  within  the  European  Communities,
express  the  view  that  any  State  which  becomes  a  member  of  the  European  Communities
should  accede  to  this  Convention.

In  witness  whereof  the  undersigned,  being  duly  authorized  thereto,  have  signed  this  Joint
Declaration.

Done  at  Rome  on  the  nineteenth  day  of  June  in  the  year  one  thousand  nine  hundred  and
eighty.

[Signatures  of  the  Plenipotentiaries]

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JOINT  DECLARATION

The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic
of  Germany,  the  French  Republic,  Ireland,  the  Italian  Republic,  the  Grand  Duchy  of
Luxembourg,  the  Kingdom  of  the  Netherlands  and  the  United  Kingdom  of  Great  Britain  and
Northern  Ireland,

On  signing  the  Convention  on  the  law  applicable  to  contractual  obligations;

Desiring  to  ensure  that  the  Convention  is  applied  as  effectively  as  possible;

Anxious  to  prevent  differences  of  interpretation  of  the  Convention  from  impairing  its  unifying
effect;

Declare  themselves  ready:

1.

to  examine  the  possibility  of  conferring  jurisdiction  in  certain  matters  on  the  Court  of
Justice  of  the  European  Communities  and,  if  necessary,  to  negotiate  an  agreement  to  this
effect;

2.

to  arrange  meetings  at  regular  intervals  between  their  representatives.

In  witness  whereof  the  undersigned,  being  duly  authorized  thereto,  have  signed  this  Joint
Declaration.

Done  at  Rome  on  the  nineteenth  day  of  June  in  the  year  one  thousand  nine  hundred  and
eighty.

[Signatures  of  the  Plenipotentiaries]

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FIRST  PROTOCOL (1)

on  the  interpretation  by  the  Court  of  Justice  of  the  European  Communities  of  the  Convention
on  the  law  applicable  to  contractual  obligations,  opened  for  signature  in  Rome  on  19  June
1980

THE  HIGH  CONTRACTING  PARTIES  TO  THE  TREATY  ESTABLISHING  THE  EUROPEAN
ECONOMIC  COMMUNITY,

HAVING  REGARD  to  the  Joint  Declaration  annexed  to  the  Convention  on  the  law  applicable  to
contractual  obligations,  opened  for  signature  in  Rome  on  19  June  1980,

HAVE  DECIDED  to  conclude  a  Protocol  conferring  jurisdiction  on  the  Court  of  Justice  of  the  European
Communities  to  interpret  that  Convention,  and  to  this  end  have  designated  as  their  Plenipotentiaries:

[Plenipotentiaries  designated  by  the  Member  States]

WHO,  meeting  within  the  Council  of  the  European  Communities,  having  exchanged  their  full  powers,
found  in  good  and  due  form,

HAVE  AGREED  AS  FOLLOWS:

Article  1

The  Court  of  Justice  of  the  European  Communities  shall
have  jurisdiction  to  give  rulings  on  the  interpretation  of:

(a)

(b)

the  Convention  on  the  law  applicable  to  contractual
obligations,  opened  for  signature 
in  Rome  on
19  June  1980,  hereinafter  referred  to  as  ‘the  Rome
Convention’;

the  Convention  on  accession 
the  Rome
Convention  by  the  States  which  have  become
Members  of  the  European  Communities  since  the
date  on  which  it  was  opened  for  signature;

to 

(c)

this  Protocol.

Article  2

Any  of  the  courts  referred  to  below  may  request  the
Court  of  Justice  to  give  a  preliminary  ruling  on  a
question raised in a case pending before it and concerning
interpretation  of 
the
instruments referred to in Article 1 if that court considers
that a decision on the question is necessary to enable it to
give judgment:

the  provisions  contained 

in 

— in  Denmark:

‘Højesteret’,

— in  the  Federal  Republic  of  Germany:

‘die  obersten  Gerichtshöfe  des  Bundes’,

— in  Greece:

‘ΤÆ  Æνω(cid:139) (cid:244)Æ(cid:244)Æ  ∆ØκÆ(cid:243)(cid:244)η(cid:139) ρØÆ’,

— in  Spain:

‘el  Tribunal  Supremo’,

— in  France:

‘la  Cour  de  cassation’  and  ‘le  Conseil  d’État’,

— in  Ireland:

the  Supreme  Court,

— in  Italy:

‘la Corte suprema di cassazione’ and ‘il Consiglio
di  Stato’,

— in  Luxembourg:

‘la  Cour  Supérieure  de  Justice’,  when  sitting  as
‘Cour  de  cassation’,

— in  Austria:

‘Oberste  Gerichtshof’, 

the 
gerichtshof’  and  the  ‘Verfassungsgerichtshof’,

‘Verwaltungs-

the 

(a) — in  Belgium:

‘la  Cour  de  cassation’  (‘het  Hof  van  Cassatie’)
and  ‘le  Conseil  d’État’  (‘de  Raad  van  State’),

— in  the  Netherlands:

‘de  Hoge  Raad’,

— in  Portugal:

(1) Text  as  amended  by  the  1996  Accession  Convention.

‘o  Supremo  Tribunal  de  Justiça’  and  ‘o  Supremo
Tribunal Administrativo’,

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— in  Finland:

‘korkein
‘korkein  oikeus/högsta  domstolen’, 
hallinto-oikeus/högsta 
förvaltningsdomstolen’,
‘markkinatuomioistuin/marknadsdomstolen’  and
‘työtuomioistuin/arbetsdomstolen’,

— in  Sweden:

‘Högsta  domstolen’,  ‘Regeringsrätten’,  ‘Arbets-
domstolen’  and  ‘Marknadsdomstolen’,

— in  the  United  Kingdom:

the House of Lords and other courts from which
no  further  appeal  is  possible;

(b)

the  courts  of  the  Contracting  States  when  acting  as
appeal  courts.

Article  3

1.
The  competent  authority  of  a  Contracting  State
may  request  the  Court  of  Justice  to  give  a  ruling  on  a
question  of  interpretation  of  the  provisions  contained  in
the instruments referred to in Article 1 if judgments given
by  courts  of  that  State  conflict  with  the  interpretation
given  either  by  the  Court  of  Justice  or  in  a  judgment  of
one of the courts of another Contracting State referred to
in Article 2. The provisions of this paragraph shall apply
only  to  judgments  which  have  become  res  judicata.

2.
The  interpretation  given  by  the  Court  of  Justice  in
response  to  such  a  request  shall  not  affect  the  judgments
which  gave  rise  to  the  request  for  interpretation.

3.
The  Procurators-General  of  the  Supreme  Courts  of
Appeal  of  the  Contracting  States,  or  any  other  authority
designated  by  a  Contracting  State,  shall  be  entitled  to
request the Court of Justice for a ruling on interpretation
in  accordance  with  paragraph  1.

The  Registrar  of  the  Court  of  Justice  shall  give
4.
notice  of  the  request  to  the  Contracting  States,  to  the
Commission  and  to  the  Council  of  the  European
Communities;  they  shall  then  be  entitled  within  two
months  of  the  notification  to  submit  statements  of  case
or  written  observations  to  the  Court.

5. No  fees  shall  be  levied  or  any  costs  or  expenses
awarded in respect of the proceedings provided for in this
Article.

Article  4

Except  where  this  Protocol  otherwise  provides,  the
1.
provisions  of  the  Treaty  establishing  the  European
Economic  Community  and  those  of  the  Protocol  on  the
Statute of the Court of Justice annexed thereto, which are
is  requested  to  give  a
applicable  when  the  Court 
preliminary ruling, shall also apply to any proceedings for
the  interpretation  of  the  instruments  referred  to  in
Article  1.

The  Rules  of  Procedure  of  the  Court  of  Justice
2.
shall,  if  necessary,  be  adjusted  and  supplemented  in
accordance  with  Article  188  of  the  Treaty  establishing
the  European  Economic  Community.

Article  5 (1)

This  Protocol  shall  be  subject  to  ratification  by  the
Signatory  States.  The  instruments  of  ratification  shall  be
deposited  with  the  Secretary-General  of  the  Council  of
the  European  Communities.

Article  6 (2)

1.
To  enter  into  force,  this  Protocol  must  be  ratified
by seven States in respect of which the Rome Convention
is in force. This Protocol shall enter into force on the first
day  of  the  third  month  following  the  deposit  of  the
instrument  of  ratification  by  the  last  such  State  to  take
this  step.  If,  however,  the  Second  Protocol  conferring  on
the  Court  of  Justice  of  the  European  Communities
certain  powers  to  interpret  the  Convention  on  the  law
applicable 
for
signature  in  Rome  on  19  June  1980,  concluded  in
Brussels  on  19  December  1988 (3)  enters  into  force  on  a
later date, this Protocol shall enter into force on the date
of  entry  into  force  of  the  Second  Protocol.

to  contractual  obligations,  opened 

2.
Any  ratification  subsequent  to  the  entry  into  force
of  this  Protocol  shall  take  effect  on  the  first  day  of  the
third  month  following  the  deposit  of  the  instrument  of
ratification,  provided  that  the  ratification,  acceptance  or
approval  of  the  Rome  Convention  by  the  State  in
question  has  become  effective.

Article  7 (4)

The  Secretary-General  of  the  Council  of  the  European
Communities  shall  notify  the  Signatory  States  of:

(a)

the  deposit  of  each  instrument  of  ratification;

(b)

the  date  of  entry  into  force  of  this  Protocol;

(c) any 

designation 

communicated 

pursuant 

to

Article  3  (3);

(d) any  communication  made  pursuant  to  Article  8.

Article  8

The  Contracting  States  shall  communicate 
the
Secretary-General  of  the  Council  of  the  European
Communities  the  texts  of  any  provisions  of  their  laws
which  necessitate  an  amendment  to  the  list  of  courts  in
Article  2  (a).

to 

(1) See  footnote  2  on  page  41.
(2) See  footnote  3  on  page  41.
(3) See  page  44.
(4) See  footnote  2  on  page  42.

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Article  9

Article  11 (1)

This  Protocol  shall  have  effect  for  as  long  as  the  Rome
Convention  remains  in  force  under  the  conditions  laid
down  in  Article  30  of  that  Convention.

Article  10

Any  Contracting  State  may  request  the  revision  of  this
Protocol.  In  this  event,  a  revision  conference  shall  be
convened by the President of the Council of the European
Communities.

This  Protocol,  drawn  up  in  a  single  original  in  the
Danish,  Dutch,  English,  French,  German,  Greek,  Irish,
Italian,  Portuguese  and  Spanish  languages,  all  10  texts
being equally authentic, shall be deposited in the archives
of the General Secretariat of the Council of the European
Communities.  The  Secretary-General  shall  transmit  a
certified  copy  to  the  Government  of  each  Signatory
State.

In  witness  whereof,  the  undersigned  Plenipotentiaries  have  affixed  their  signatures  below  this
Protocol.

Done at Brussels on the nineteenth day of December in the year one thousand nine hundred and
eighty-eight.

[Signatures  of  the  Plenipotentiaries]

(1) See  footnote  4  on  page  42.

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JOINT  DECLARATIONS

Joint  Declaration

The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic
of  Germany,  the  Hellenic  Republic,  the  Kingdom  of  Spain,  the  French  Republic,  Ireland,  the
Italian  Republic,  the  Grand  Duchy  of  Luxembourg,  the  Kingdom  of  the  Netherlands,  the
Portuguese  Republic  and  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland,

On  signing  the  First  Protocol  on  the  interpretation  by  the  Court  of  Justice  of  the  European
Communities  of  the  Convention  on  the  law  applicable  to  contractual  obligations,  opened  for
signature  in  Rome  on  19  June  1980,

Desiring  to  ensure  that  the  Convention  is  applied  as  effectively  and  as  uniformly  as  possible,

Declare themselves ready to organize, in cooperation with the Court of Justice of the European
Communities,  an  exchange  of  information  on  judgments  which  have  become  res  judicata  and
have  been  handed  down  pursuant  to  the  Convention  on  the  law  applicable  to  contractual
obligations  by  the  courts  referred  to  in  Article  2  of  the  said  Protocol.  The  exchange  of
information  will  comprise:

— the  forwarding  to  the  Court  of  Justice  by  the  competent  national  authorities  of  judgments
handed  down  by  the  courts  referred  to  in  Article  2  (a)  and  significant  judgments  handed
down  by  the  courts  referred  to  in  Article  2  (b),

— the  classification  and  the  documentary  exploitation  of  these  judgments  by  the  Court  of
Justice  including,  as  far  as  necessary,  the  drawing  up  of  abstracts  and  translations,  and  the
publication  of  judgments  of  particular  importance,

— the  communication  by  the  Court  of  Justice  of  the  documentary  material  to  the  competent
national  authorities  of  the  States  parties  to  the  Protocol  and  to  the  Commission  and  the
Council  of  the  European  Communities.

In  witness  whereof,  the  undersigned  Plenipotentiaries  have  affixed  their  signature  below  this
Joint  Declaration.

Done at Brussels on the nineteenth day of December in the year one thousand nine hundred and
eighty-eight.

[Signatures  of  the  Plenipotentiaries]

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C 27/51

Joint  Declaration

The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic
of  Germany,  the  Hellenic  Republic,  the  Kingdom  of  Spain,  the  French  Republic,  Ireland,  the
Italian  Republic,  the  Grand  Duchy  of  Luxembourg,  the  Kingdom  of  the  Netherlands,  the
Portuguese  Republic  and  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland,

On  signing  the  First  Protocol  on  the  interpretation  by  the  Court  of  Justice  of  the  European
Communities  of  the  Convention  on  the  law  applicable  to  contractual  obligations,  opened  for
signature  in  Rome  on  19  June  1980,

Having  regard  to  the  Joint  Declaration  annexed  to  the  Convention  on  the  law  applicable  to
contractual obligations,

Desiring  to  ensure  that  the  Convention  is  applied  as  effectively  and  as  uniformly  as  possible,

Anxious  to  prevent  differences  of  interpretation  of  the  Convention  from  impairing  its  unifying
effect,

Express the view that any State which becomes a member of the European Communities should
accede  to  this  Protocol.

In  witness  whereof,  the  undersigned  Plenipotentiaries  have  affixed  their  signatures  below  this
Joint  Declaration.

Done at Brussels on the nineteenth day of December in the year one thousand nine hundred and
eighty-eight.

[Signatures  of  the  Plenipotentiaries]

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SECOND  PROTOCOL

conferring on the Court of Justice of the European Communities certain powers to interpret the
Convention  on  the  law  applicable  to  contractual  obligations;  opened  for  signature  in  Rome  on
19  June  1980

THE  HIGH  CONTRACTING  PARTIES  TO  THE  TREATY  ESTABLISHING  THE  EUROPEAN
ECONOMIC  COMMUNITY,

WHEREAS the Convention on the law applicable to contractual obligations, opened for signature in Rome
on 19 June 1980, hereinafter referred to as ‘the Rome Convention’, will enter into force after the deposit of
the  seventh  instrument  of  ratification,  acceptance  or  approval;

WHEREAS the uniform application of the rules laid down in the Rome Convention requires that machinery
to ensure uniform interpretation be set up and whereas to that end appropriate powers should be conferred
upon  the  Court  of  Justice  of  the  European  Communities,  even  before  the  Rome  Convention  enters  into
force  with  respect  to  all  the  Member  States  of  the  European  Economic  Community,

HAVE  DECIDED  to  conclude  this  Protocol  and  to  this  end  have  designated  as  their  Plenipotentiaries:

[Plenipotentiaries  designated  by  the  Member  States]

WHO,  meeting  within  the  Council  of  the  European  Communities,  having  exchanged  their  full  powers;
found  in  good  and  due  form,

HAVE  AGREED  AS  FOLLOWS:

Article  1

deposited  with  the  Secretary-General  of  the  Council  of
the  European  Communities.

1.
The  Court  of  Justice  of  the  European  Communities
shall,  with  respect  to  the  Rome  Convention,  have  the
jurisdiction conferred upon it by the First Protocol on the
interpretation  by  the  Court  of  Justice  of  the  European
Communities of the Convention on the law applicable to
contractual obligations, opened for signature in Rome on
19  June  1980,  concluded  in  Brussels  on  19  December
1988 (1).  The  Protocol  on  the  Statute  of  the  Court  of
Justice  of  the  European  Communities  and  the  Rules  of
Procedure  of  the  Court  of  Justice  shall  apply.

The Rules of Procedure of the Court of Justice shall
2.
be  adapted  and  supplemented  as  necessary  in  accordance
with  Article  188  of  the  Treaty  establishing  the  European
Economic  Community.

Article  2 (2)

This  Protocol  shall  be  subject  to  ratification  by  the
Signatory  States.  The  instruments  of  ratification  shall  be

Article  3 (3)

This Protocol shall enter into force on the first day of the
third  month  following  the  deposit  of  the  instrument  of
ratification  of  the  last  Signatory  State  to  complete  that
formality.

Article  4 (4)

This  Protocol,  drawn  up  in  a  single  original  in  the
Danish,  Dutch,  English,  French,  German,  Greek,  Irish,
Italian,  Portuguese  and  Spanish  languages,  all  10  texts
being equally authentic, shall be deposited in the archives
of the General Secretariat of the Council of the European
Communities.  The  Secretary-General  shall  transmit  a
certified  copy  to  the  Government  of  each  signatory.

(1) See  page  34.
(2) See  footnote  2  on  page  41.

(3) See  footnote  3  on  page  41.
(4) See  footnote  4  on  page  42.

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In  witness  whereof,  the  undersigned  Plenipotentiaries  have  affixed  their  signature  below  this
Protocol.

Done at Brussels on the nineteenth day of December in the year one thousand nine hundred and
eighty-eight.

[Signatures  of  the  Plenipotentiaries]