Commission Opinion on the request from the United Kingdom to accept Regulation (EC) no 593/2008 of the European Parliament and the Council of 17 june 2008 on the law applicable to contractual obligations (ROME I)
Date: 2008-11-07
Institutions: European Commission
Subjects: European judicial area, civil law, commercial law, judicial cooperation in criminal matters in the EU, jurisdiction, law of obligations, mutual recognition principle

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.11.2008 
COM(2008) 730 final 

COMMISSION OPINION 

on the request from the United Kingdom to accept Regulation (EC) No 593/2008 of the 
European Parliament and the Council of 17 June 2008 on the law applicable to 
contractual obligations (Rome I) 

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COMMISSION OPINION 

on the request from the United Kingdom to accept Regulation (EC) No 593/2008 of the 
European Parliament and the Council of 17 June 2008 on the law applicable to 
contractual obligations (Rome I) 

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4. 

INTRODUCTION 

On 17 June 2008, the European Parliament and the Council adopted Regulation (EC) 
No  593/2008  on  the  law  applicable  to  contractual  obligations  (Rome  I)  (hereafter 
referred  to  as  Regulation  593/2008)1.  Pursuant  to  Article  1  of  the  Protocol  on  the 
position of the United Kingdom and Ireland, the United Kingdom did not participate 
in the adoption of the said Regulation. 

However,  by  virtue  of  Article  4  of  the  said  Protocol,  the  United  Kingdom  "may  at 
any time after the adoption of a measure by the Council pursuant to Title IV of the 
Treaty establishing the European Community notify its intention to the Council and 
to the Commission that it wishes to accept that measure. In that case, the procedure 
provided  for  in  Article  11(3)  of  the  Treaty  establishing  the  European  Community 
shall apply mutatis mutandis." 

By letter of 24 July 2008, received by the Commission on 30 July 2008, the United 
Kingdom notified the Commission that it wishes to accept Regulation 593/2008. 

In accordance with Article 11A of the Treaty establishing the European Community 
regarding  enhanced  cooperation,  which  also  applies  mutatis  mutandi,  the  following 
procedure  applies:  "Any  Member  State  that  wishes  to  participate  in  enhanced 
cooperation established in accordance with Article 11 shall notify its intention to the 
Council and the Commission, which shall give an opinion to the Council within three 
months of the date of receipt of that notification. Within four months of the date of 
receipt of that notification, the Commission shall take a decision on it, and on such 
specific arrangements as it may deem necessary." 

5. 

In accordance with the terms of the said Article, the Commission gives the following 
opinion to the Council. 

2. 

OPINION 

The  Commission  welcomes  the  request  from  the  United  Kingdom  to  accept 
Regulation 593/2008 which is a central element of the Community acquis in the area 
of civil justice. It therefore gives a positive opinion on the said participation. 

The  Regulation  should  enter  into  force  for  the  United  Kingdom  on  the  day  of  the 
notification to the United Kingdom of the Commission's decision on its request. As 
in  the  case  of  the  other  Member  States,  it  should  apply  from  17  December  2009, 
except for Article 26 which should apply from 17 June 2009. 

1 

OJ L 177 of 4 July 2008, p. 6. 

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