natgillin/translations-raw huggingface dataset:
Въпреки това, настоящият регламент, при отношенията между държави-членки, има предимство пред конвенции, сключени изключително между две или повече от тях, доколкото такива конвенции засягат въпроси, уредени от настоящия регламент.
However, this Regulation shall, as between Member States, take precedence over conventions concluded exclusively between two or more of them in so far as such conventions concern matters governed by this Regulation.
Настоящият регламент се прилага с предимство пред двустранни международни конвенции, сключени между държави-членки и изброени в Приложение ІІ, ако те касаят въпроси, уредени от настоящия регламент.
This Regulation shall take precedence over bilateral international conventions concluded between Member States and listed in Annex II if they concern matters governed by this Regulation.
Член 23 а (нов)
Article 23 a (new)
Списък на конвенции
List of Conventions
В срок до ... * държавите-членки уведомяват Комисията за конвенциите, посочени в член 23, параграф 1.
By ..... * , Member States shall notify the Commission of the conventions referred to in Article 23(1).
След тази дата държавите-членки уведомяват Комисията относно всички актове за денонсиране на такива конвенции.
After that date, Member States shall notify the Commission of all denunciations of such conventions.
В срок от шест месеца след получаването Комисията публикува в Официален вестник на Европейския съюз:
The Commission shall publish in the Official Journal of the European Union within six months of receipt:
(i) списък с конвенциите по параграф 1;
(i) a list of the conventions referred to in paragraph 1;
(ii) списък с актове за денонсиране по параграф 1;
(ii) a list of the denunciations referred to in paragraph 1.
* 12 месеца след датата на приемане на настоящия регламент.
* 12 months after the date of adoption of this Regulation.
Член 23 б (нов)
Article 23 b (new)
Член 23б
Article 23b
Не по-късно от ... * Комисията представя доклад на Европейския парламент, Съвета и Европейския икономически и социален комитет относно прилагането на настоящия регламент.
Not later than ... * , the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation.
Не по-късно от ...** , докладът се предхожда от:
The report shall be preceded, not later than ... ** , by:
(i) проучване на последиците от разпоредбите на член 5 от настоящия регламент, което в частност ще отчете:
(i) a study on the effects of Article 5 of this Regulation which will consider in particular:
а) влиянието върху потребителските договори, сключвани по електронен път;
(a) the effects on consumer contracts concluded by electronic means;
б) резултата от прилагането на повече от един правен режим спрямо същия договор, както и
(b) the effects of the application of more than one law to the same contract and
в) съгласуваността с член 15 от Регламент № 44/2001;
(c) consistency with Article 15 of Regulation No 44/2001;
(ii) проучване относно популяризирането на алтернативното решаване на спорове (АРС) в областта на електронната търговия и полезни начини за подкрепата и насърчаването му чрез законодателни и други мерки; в проучването ще бъде разгледана и степента, в която биха могли да се използват онлайн-схеми за АРС, в съчетание със сертификати за доверие, с цел да се увеличи потребителското доверие към електронната търговия и да се избегне необходимостта от съдебни производства;
(ii) a study on the promotion of ADR in the field of electronic commerce and how it might usefully be fostered and promoted by legislative and other means; that study will also consider to what extent on-line ADR schemes might be used in combination with trust marks in order to increase consumer confidence in electronic commerce and obviate the need for court proceedings;
(iii) предложения, които Комисията счита за целесъобразни, в рамките на проекта в областта на договорното право, с оглед въвеждане на стандартни договорни условия, които да се прилагат по-специално при трансгранични електронни сделки между предприятия и потребители;
(iii) such proposals as the Commission may consider appropriate within the framework of the contract law project in order to introduce standard contract terms and conditions for use in particular in cross-border electronic transactions between businesses and consumers;
(iv) преразглеждане на разпоредбите, отнасящи се до приложимото право, които се съдържат в законодателството на Общността в областта на застрахователното дело.
(iv) a review of the provisions on applicable law contained in Community legislation on insurance.
* Две години след датата, от която започва прилагането на настоящия регламент.
* Two years after the date of application of this Regulation.
** Една година след датата на влизане в сила на настоящия регламент.
** One year after the date of entry into force of this Regulation.
Член 23 в (нов)
Article 23 c (new)
Член 23в
Article 23c
Прилагане във времето
Application in time
Настоящият регламент се прилага за договори, сключени след датата, от която същият се прилага.
This Regulation shall apply to contracts concluded after its date of application.
Unlike in the case of torts and delicts, contracts are entered into deliberately and voluntarily.
Unlike in the case of torts and delicts, contracts are entered into deliberately and voluntarily.
It is essential for the parties to know that the provisions on applicable law contained in this Regulation will apply only to contracts concluded after its date of application.
It is essential for the parties to know that the provisions on applicable law contained in this Regulation will apply only to contracts concluded after its date of application.
Therefore proceedings brought after the date of application concerning contracts concluded before that date will apply the Rome Convention.
Therefore proceedings brought after the date of application concerning contracts concluded before that date will apply the Rome Convention.
Срокове на влизане в сила и приложение
Entry into force and application in time
Дата на влизане в сила и приложение
Date of entry into force and application
Настоящият регламент влиза в сила на двадесетия ден след датата на неговото публикуване в Официален вестник на Европейския съюз .
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union .
Настоящият регламент се прилага, считано от [ една година след влизането му в сила].
This Regulation shall apply from [ one year after entry into force].
Настоящият регламент се прилага, считано от [ осемнадесет месеца след влизането му в сила] , с изключение на член 24, който се прилага, считано от [12 месеца след датата на приемането] .
This Regulation shall apply from [ eighteen months after entry into force] except for Article 24 which shall apply from [12 months after the date of adoption] .
Регламентът се прилага към договорни задължения, породени след датата, на която е започнало прилагането му.
It shall apply to contractual obligations arising after its entry into application.
Въпреки това, за договорни задължения, породени преди датата, на която е започнало прилагането му, настоящият регламент се прилага в случаите, когато последиците от неговите разпоредби правят приложимо същото право, което би било приложимо съгласно Римската конвенция от 1980 г.
However, for contractual obligations arising before its entry into application, this Regulation shall apply where its provisions have the effect of making the same law applicable as would have been applicable under the Rome Convention of 1980.
Настоящият регламент е задължителен в своята цялост и се прилага пряко във всички държави-членки съгласно Договора за създаване на Европейската общност .
This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaty establishing the European Community .
The proposal for a regulation (Rome I) purports to convert the 1980 Rome Convention into a Community instrument and to revise it, where necessary.
The proposal for a regulation ( Rome I) purports to convert the 1980 Rome Convention into a Community instrument and to revise it, where necessary.
Although the need for the adoption of a regulation has been called in question in some quarters, your rapporteur considers that it is worthwhile on the following grounds: (a) a regulation is more readily amended than a convention and, as part of the acquis communautaire , can be more rapidly extended to new Member States; (b) the possibility of references to the Court of Justice for preliminary rulings will be secured (see Belgium’s delay in implementing the protocols to the Rome Convention on its interpretation by the Court of Justice); (c) a regulation will afford a single instrument directly binding on national courts, whereas ratification of an international convention in many countries necessitates the adoption of national legislation in order to make the convention binding in domestic law.
Although the need for the adoption of a regulation has been called in question in some quarters, your rapporteur considers that it is worthwhile on the following grounds: (a) a regulation is more readily amended than a convention and, as part of the acquis communautaire , can be more rapidly extended to new Member States; (b) the possibility of references to the Court of Justice for preliminary rulings will be secured (see Belgium’s delay in implementing the protocols to the Rome Convention on its interpretation by the Court of Justice); (c) a regulation will afford a single instrument directly binding on national courts, whereas ratification of an international convention in many countries necessitates the adoption of national legislation in order to make the convention binding in domestic law.
The only drawback is that the regulation will not apply to Denmark.
The only drawback is that the regulation will not apply to Denmark .
It is to be hoped that the United Kingdom will overcome its initial reluctance and ultimately take part in the adoption of the regulation.
It is to be hoped that the United Kingdom will overcome its initial reluctance and ultimately take part in the adoption of the regulation.
Having said this, your rapporteur notes that many of the provisions of the proposed regulation are novel as compared with the Rome Convention.
Having said this, your rapporteur notes that many of the provisions of the proposed regulation are novel as compared with the Rome Convention.
These have been discussed in depth in committee and appropriate amendments made to the Commission's text.
These have been discussed in depth in committee and appropriate amendments made to the Commission's text.
The amendments contained in this report are designed to improve the text as proposed by the Commission in the light of the various submissions that have been made to the rapporteur and also with a view to making it more consistent with the Rome II.
The amendments contained in this report are designed to improve the text as proposed by the Commission in the light of the various submissions that have been made to the rapporteur and also with a view to making it more consistent with the Rome II.
Lastly, the rapporteur observes that there are numerous discrepancies between the language versions of the Commission’s proposal.
Lastly, the rapporteur observes that there are numerous discrepancies between the language versions of the Commission’s proposal.
He trusts that these will be eliminated by the lawyer-linguists of Parliament and the Council in the course of the procedure.
He trusts that these will be eliminated by the lawyer-linguists of Parliament and the Council in the course of the procedure.
on the proposal for a regulation of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I)
on the proposal for a regulation of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I)
The aim of the Commission's proposal is not to establish a new set of legal rules, but to convert an existing convention, the Rome I Convention of 1980 (the Convention), into a Community instrument.
The aim of the Commission's proposal is not to establish a new set of legal rules, but to convert an existing convention, the Rome I Convention of 1980 (the Convention), into a Community instrument.
However, the Commission has also tried to modernise certain provisions in the Convention, in particular those relating to contract of employment.
However, the Commission has also tried to modernise certain provisions in the Convention, in particular those relating to contract of employment.
The proposal has been preceded by consultations of the Member States and the civil society, in particular through a Green paper and a public hearing.
The proposal has been preceded by consultations of the Member States and the civil society, in particular through a Green paper and a public hearing.
COM(2002)0654 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)0654 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.
The green paper received about 80 replies from governments, universities, practitioners etc.
The green paper received about 80 replies from governments, universities, practitioners etc.
All contributions are published on DG Justice and Home affairs web page;
All contributions are published on DG Justice and Home affairs web page;
http://europa.eu.int/comm/justice_home/news/consulting_public/rome_i/news_summary_rome1_en.htm The European Community has legal competence to adopt Community instruments concerning Conflict-of-laws rules (or private international law) under Article 61(c) EC Treaty.
http://europa.eu.int/comm/justice_home/news/consulting_public/rome_i/news_summary_rome1_en.htm The European Community has legal competence to adopt Community instruments concerning Conflict-of-laws rules (or private international law) under Article 61(c) EC Treaty.
The proposal was presented by the Commission, December 15th 2005.
The proposal was presented by the Commission, December 15th 2005.
The Committee on Legal Affairs has been appointed the responsible Committee in the European Parliament.
The Committee on Legal Affairs has been appointed the responsible Committee in the European Parliament.
The Committee on Employment and Social Affairs has decided to give a draft opinion on the proposal for the responsible committee due to the close connection between the Directive 96/71/EC, concerning the posting of workers in the framework of the provision of services, and the proposal.
The Committee on Employment and Social Affairs has decided to give a draft opinion on the proposal for the responsible committee due to the close connection between the Directive 96/71/EC, concerning the posting of workers in the framework of the provision of services, and the proposal.
The proposal also covers important changes in the rules of applicable law to the contract of employment.
The proposal also covers important changes in the rules of applicable law to the contract of employment.
This draft opinion addresses inconsistencies and legal technical elements that can be clarified in order to improve the Regulation.
This draft opinion addresses inconsistencies and legal technical elements that can be clarified in order to improve the Regulation.
The overall ambition is to provide greater legal certainty for the law applicable to employment contracts.
The overall ambition is to provide greater legal certainty for the law applicable to employment contracts.
The Committee on Employment and Social Affairs calls on the Committee on Legal Affairs, as the committee responsible, to incorporate the following amendments in its report:
The Committee on Employment and Social Affairs calls on the Committee on Legal Affairs, as the committee responsible, to incorporate the following amendments in its report:
(11) Regarding individual employment contracts, the conflict rule should make it possible to identify the centre of gravity of the employment relationship, looking beyond appearances.
(11) Regarding individual employment contracts, the conflict rule should make it possible to identify the centre of gravity of the employment relationship, looking beyond appearances.
This rule does not prejudge the application of the mandatory rules of the country to which a worker is posted in accordance with Directive 96/71/EC of 16 December 1996 concerning the posting of workers in the framework of the provision of services.
This rule does not prejudge the application of the mandatory rules of the country to which a worker is posted in accordance with Directive 96/71/EC of 16 December 1996 concerning the posting of workers in the framework of the provision of services.
This Regulation is without prejudice to the application of the mandatory rules of the country to which a worker is posted in accordance with Directive 96/71/EC of 16 December 1996 concerning the posting of workers in the framework of the provision of services.
This Regulation is without prejudice to the application of the mandatory rules of the country to which a worker is posted in accordance with Directive 96/71/EC of 16 December 1996 concerning the posting of workers in the framework of the provision of services.
The relationship and reference to Directive 96/71/EC in the Regulation must be clear.
The relationship and reference to Directive 96/71/EC in the Regulation must be clear.
The rule laid down in the first sentence is not the only element for which the regulation should be without prejudice to the Posting Directive.
The rule laid down in the first sentence is not the only element for which the regulation should be without prejudice to the Posting Directive.
The wording "prejudge" also seem ambiguous and is changed to "without prejudice".
The wording "prejudge" also seem ambiguous and is changed to "without prejudice".
The amendment gives clarification and consistency in relation to Directive 96/71/EC.
The amendment gives clarification and consistency in relation to Directive 96/71/EC.
Recital 11 a (new)
Recital 11 a (new)
(11a) Directive 96/71/EC lays down minimum rules for the protection of workers applicable to posted workers on the territory of a Member State other than the State in which they normally work and does not prevent Member States from imposing other terms and conditions of employment laid down in collective agreements, nor from imposing other employment conditions where these are public policy provisions.
(11a) Directive 96/71/EC lays down minimum rules for the protection of workers applicable to posted workers on the territory of a Member State other than the State in which they normally work and does not prevent Member States from imposing other terms and conditions of employment laid down in collective agreements, nor from imposing other employment conditions where these are public policy provisions.
OJ L 18, 21.1.97, p.
OJ L 18, 21.1.97, p.
This new recital clarifies the specific nature of the rules set out in Directive 96/71/EC which does not prevent Member States from adopting more protective measures at national level for instance by imposing other employment conditions in case of public policy provisions.
This new recital clarifies the specific nature of the rules set out in Directive 96/71/EC which does not prevent Member States from adopting more protective measures at national level for instance by imposing other employment conditions in case of public policy provisions.
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 him by the mandatory rules of the law which would be applicable under this Article in the absence of choice.
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 him by the mandatory rules of the law which would be applicable under this Article in the absence of choice.
Notwithstanding the provisions of Article 3, in an individual contract of employment a choice of law made by the parties shall not have the result of depriving the employee of the protection afforded him by the mandatory rules of the law which would be applicable under this Article in the absence of choice.
Notwithstanding the provisions of Article 3, in an individual contract of employment a choice of law made by the parties shall not have the result of depriving the employee of the protection afforded him by the mandatory rules of the law which would be applicable under this Article in the absence of choice.
The heading to Article 6 refers to “Individual Employment Contracts”, while the text in Article 6 speaks about “a contract of employment”.
The heading to Article 6 refers to “Individual Employment Contracts”, while the text in Article 6 speaks about “a contract of employment”.
This discrepancy was also present in the Convention.
This discrepancy was also present in the Convention.
This discrepancy is somewhat ambiguous.
This discrepancy is somewhat ambiguous.
"Contract of employment" seems to be a wider notion, potentially including collective agreements in some Member States, while the wording “individual employment contract” would rule out the application of article 6 on collective agreements.
"Contract of employment" seems to be a wider notion, potentially including collective agreements in some Member States, while the wording “individual employment contract” would rule out the application of article 6 on collective agreements.
The wording “individual contract of employment” is added for reason of consistency.
The wording “individual contract of employment” is added for reason of consistency.
A contract of employment shall, in the absence of choice in accordance with Article 3, be governed:
A contract of employment shall, in the absence of choice in accordance with Article 3, be governed:
Notwithstanding the provisions of Article 4, an individual contract of employment shall, in the absence of choice in accordance with Article 3, be governed:
Notwithstanding the provisions of Article 4, an individual contract of employment shall, in the absence of choice in accordance with Article 3, be governed:
The wording “notwithstanding the provisions of Article 4” appearing in the Convention has been deleted by the Commission.
The wording “notwithstanding the provisions of Article 4” appearing in the Convention has been deleted by the Commission.
This text is reintroduced due to clarity and consistency.
This text is reintroduced due to clarity and consistency.
Article 6, paragraph 2, point (a)
Article 6, paragraph 2, point (a)
(a) by the law of the country in or from which the employee habitually carries out his work in performance of the contract.
(a) by the law of the country in or from which the employee habitually carries out his work in performance of the contract.
The place of performance shall not be deemed to have changed if he is temporarily employed in another country.
The place of performance shall not be deemed to have changed if he is temporarily employed in another country.
Work carried out in another country shall be regarded as temporary if the employee is expected to resume working in the country of origin after carrying out his tasks abroad.
Work carried out in another country shall be regarded as temporary if the employee is expected to resume working in the country of origin after carrying out his tasks abroad.
The conclusion of a new contract of employment with the original employer or an employer belonging to the same group of companies as the original employer does not preclude the employee from being regarded as carrying out his work in another country temporarily;
The conclusion of a new contract of employment with the original employer or an employer belonging to the same group of companies as the original employer does not preclude the employee from being regarded as carrying out his work in another country temporarily;