UK joins EC Regulation on the law applicable to contractual obligations

The Official Journal of the European Union, OJEU, has published on January 15th, the Decision adopted by the Commission on December 22nd 2008 on the request from the United Kingdom to accept Regulation (EC) Nº 593/2008 of the European Parliament and the Council on the law applicable to contractual obligations (Rome I).

On June, 17th 2008, the European Parliament and the Council adopted Regulation (EC) Nº 593/2008 on the law applicable to contractual obligations (Rome I). At that moment, in accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, the United Kingdom decided not to take part in the adoption of this Regulation and, therefore, was not bound by it or subject to its application.

Following the notification made by the United Kingdom to the Commission by letter on July, 24th 2008, the Commission gave on November, 11th 2008, its positive opinion on the request made by the United Kingdom to join the said Regulation.

Regulation on applicable law to contractual obligations

Regulation (EC) Nº 593/2008, specifically apply, in situations involving a conflict of laws, to contractual obligations in civil and commercial matters, and excludes, in particular, revenue, customs or administrative matters.

This Regulation replaced the Rome Convention in the Member States, except as regards the territories of the Member States which fall within the territorial scope of that Convention and to which this Regulation does not apply pursuant to Article 299 of the Treaty.

Regulation (EC) 593/2008 will therefore enter into force in the United Kingdom from the date of notification of the Commission's Decision, and will be applicable from December, 17th 2009, except for Article 26 which will apply from June, 17th 2009.