2007/856/EC: Council Decision of 8 November 2007 concerning the accession of the Republic of Bulgaria and of Romania to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980
Date: 2007-11-08
Institutions: Council of the European Union
Subjects: Bulgaria, Court of Justice of the European Union, Intergovernmental Convention (EU), Romania, consolidation of EU law, contract, interpretation of the law

29.12.2007

EN

Official Journal of the European Union

L 347/1

II

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

DECISIONS

COUNCIL DECISION

of 8 November 2007

concerning the accession of the Republic of Bulgaria and of Romania to the Convention on the Law
applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980

(2007/856/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Act of Accession of 2005, and in particular
Article 3(4) thereof,

Having regard to the Recommendation from the Commission,

Having regard to the Opinion of the European Parliament (1),

(5)

(6)

Whereas:

(1)

(2)

(3)

(4)

The Convention on the Law applicable to Contractual
Obligations (hereinafter referred to as the Convention of
1980) was opened for signature in Rome on 19 June 1980
and entered into force on 1 April 1991.

The Convention of 1980 was supplemented by the First
and Second Protocols of 19 December 1988 on its
interpretation by the Court of Justice of the European
Communities (2) (hereinafter referred to as First and Second
Protocols of 1988).

The Hellenic Republic acceded to the Convention of 1980
by the Convention of 10 April 1984 (3)
(hereinafter
referred to as the Convention of 1984), which entered
into force on 1 April 1991.

The Kingdom of Spain and the Portuguese Republic
acceded to the Convention of 1980 by the Convention of
18 May 1992 (4) (hereinafter referred to as the Convention
of 1992), which entered into force on 1 September 1993.

(1) Opinion delivered on 11 October 2007 (not yet published in the

Official Journal).

(2) OJ L 48, 20.2.1989, p. 1 and OJ L 48, 20.12.1989, p. 17.
(3) OJ L 146, 31.5.1984, p. 1.
(4) OJ L 333, 18.11.1992, p. 1.

The Republic of Austria, the Republic of Finland and the
Kingdom of Sweden acceded to the Convention of 1980 by
the Convention of 29 November 1996 (5)
(hereinafter
referred to as the Convention of 1996), which entered into
force on 1 October 1998.

the Republic of Malta,

Following the accession to the European Union of the
Czech Republic, the Republic of Estonia, the Republic of
Cyprus, the Republic of Latvia, the Republic of Lithuania,
the Republic of Hungary,
the
Republic of Poland, the Republic of Slovenia and the Slovak
Republic, a Convention was signed on 14 April 2005 on
the accession of
to the
Convention of 1988 and to the First and Second Protocols
of 1988 (6) (hereinafter referred to as the Convention of
2005), which has not yet entered into force among all the
Member States.

these new Member States

(7) Article 3(3) of the Act of Accession of 2005 provides that
the Republic of Bulgaria and of Romania accede to the
conventions and protocols listed in Annex I, as amended by
Council Decision 2007/857/EC (7), which comprises, inter
alia, the Convention of 1980 and the First and Second
Protocols of 1988 together with the Conventions on
accession of 1984, 1992, 1996 and 2005. They are to
enter into force in relation to the Republic of Bulgaria and
of Romania on the date determined by the Council.

(8)

In accordance with Article 3(4) of the Act of Accession of
2005 the Council is to make all adjustments required by
reason of the accession of the Republic of Bulgaria and of
Romania to those conventions and protocols,

(5) OJ C 15, 15.1.1997, p. 10.
(6) OJ C 169, 8.7.2005, p. 1.
(7) See page 3 of this Official Journal.

L 347/2

EN

Official Journal of the European Union

29.12.2007

HAS DECIDED AS FOLLOWS:

Article 1

Article 2(a) of the First Protocol of 1988 on the interpretation by
the
the Court of
Convention of 1980 is hereby amended as follows:

the European Communities of

Justice of

(a)

between the second and third indents, the following indent
shall be inserted:

‘— in Bulgaria:

Върховен касационен съд et Върховен администрати-
вен съд,’;

(b)

between the 20th and 21st indents, the following indent
shall be inserted:

‘— in Romania:

Înalta Curte de Casație și Justiție,’.

Article 2

1. The Convention of 1980 and the First and Second Protocols
of 1988, together with the Conventions of 1984, 1992 and
1996, as amended by this Decision, shall enter into force
between the Republic of Bulgaria, Romania and the other
Member States on the 15 January 2008.

2. The Convention of 2005 shall enter into force between the
Republic of Bulgaria, Romania and the Member States for which
it entered into force before the 15 January 2008 on that date.

3. The Convention of 2005 shall enter into force between the
Republic of Bulgaria, Romania and the Member States for which

it has not yet entered into force on the date laid down in
Article 5(2) of that Convention.

Article 3

The texts of the Convention of 1980 and the First and Second
Protocols of 1988, together with the Conventions of 1984,
1992, 1996 and 2005, drawn up in the Bulgarian and Romanian
languages and annexed to this Decision, shall be authentic under
the same conditions as the other language versions of these
Conventions and Protocols.

A single original of these texts in the Bulgarian and Romanian
languages shall be deposited in the archives of the General
Secretariat of the Council of the European Union with the other
authentic language versions.

The Secretary-General shall transmit to the Governments of the
the
Republic of Bulgaria and Romania a certified copy of
Conventions and Protocols referred to in the first subparagraph
in the Czech, Danish, Dutch, English, Estonian, Finnish, French,
German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian,
Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and
Swedish languages.

Article 4

This Decision shall take effect on the day following that of its
publication in the Official Journal of the European Union.

Done at Brussels, 8 November 2007.

For the Council

The President

R. PEREIRA