Opinion of the Max Planck Institute on the Proposal for a Regulation of the European Parliament and Council on the Law Applicable to Contractual Obligations (Rome I)
In December 2005 the European Commission published a proposal for a regulation of the European Parliament and Council on the law applicable to contractual obligations (Rome I). This proposal is an important further step towards a homogenous codification of the private international law of obligations in the Community.
The proposal was preceded in January 2003 by the "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", a document which generated a great number of comments, among others those of the Max Planck Institute for Comparative and International Private Law.
The Rome I proposal was transmitted to the European Parliament and the Council in December 2005. From January through May 2006, Prof. Jürgen Basedow and Dr. Wolfgang Wurmnest led an Institute work group comprising current and former Institute fellows which undertook a comprehensive and intensive examination of the Commission's proposal. The comments and analysis of this specially formed work group along with the proposal of the Commission are available below as a PDF download (in English).
Synopsis of the Commission Proposal and the Comments of the MPI (184.0 KB)