Rome II - A First!

2.54.11pm BST (GMT +0100) Wed 16th May 2007

Speaking after last night's Conciliation meeting between the three EU institutions to hammer out the final text on the Rome II Regulation (the law applicable to non-contractual obligations), the European Parliament's Rapporteur, Diana Wallis MEP, proclaimed it 'a first' - in many senses.

Diana Wallis said, 'This is the first time that the EU has put into a Regulation an extensive area of private international law where there was previously no pre-existing international Convention. It is the first time that the European Parliament has had co-decision in this area of civil law - moreover certainly a first in terms of conciliation. Also, a new experience for all the institutions involved in the process - the European Parliament has left its clear mark on the final text agreed last night.'

Diana Wallis was particularly pleased with the result on road traffic accidents, often involving personal injury - the most common and frequent form of tort (non-contractual obligation) that touches the lives of many of as they go about their business and leisure pursuits across Europe.

She went to say, 'The European Parliament has underlined the right of citizens to be fully reimbursed for their loss in such cases despite the national differences in compensation levels, whatever country they come from, whilst also extracting from the Commission a full study in the area by 2008 that 'would pave the way for a Green paper'.'

'The European Parliament has also sought to introduce some further clarity into the fuzzy thinking as to the relationship between this Regulation relating to choice of law rules and other Internal Market instruments such as the e-commerce Directive. We have certainly ended in a better position than where we started from.'

Diana Wallis welcomed the fact that the Conciliation was also instructive in bringing together three different Commission departments around the table to support the same text in relation to a number of issues. 'This coherent joint working across the area of civil and commercial law is to be much welcomed and better late than never.'

Finally Diana Wallis concluded that:

'the European Parliament has left its imprint on several other issues, including party autonomy and flexibility to the general rule. It also insisted on several studies being undertaken by the Commission, notably on defamation and the treatment of foreign law, which may leave the way open for future legislation.'

notes:

Following six trialogues, the Parliament and Council have come to an agreement on the Rome II Regulation. The Regulation is set to be published in the Official Journal in July 2007, date at which it will also enter into force.

http://www.dianawallis.org.uk/pages/rome2.html