Rome Regulations: Commentary, 3rd Edition

About this book:

Rome Regulations is an article-by-article ‘German-style’ commentary on the Rome I, II and III Regulations on European Union (EU) conflict of laws. It describes and explains black letter law as represented by the jurisprudence of the Court of Justice of the EU (CJEU) and the Member State courts. The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the EU is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. The occasion for publishing the third edition is that several landmark judgments on the conflict of laws have been recently rendered by both the CJEU and domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the European system of conflict of laws. The extensively revised third edition reflects the effects of these major developments.

What’s in this book:

The commentary, authored by leading scholars of conflict of laws for an international readership and drawing on a wide spectrum of case law and scholarship, highlights long-term implications of the Rome Regulations such as the following:

• principles of interpretation;
• limiting the effects of forum shopping;
• limiting the trade-restricting effects of the fragmentation of national private laws;
• ensuring the free movement of persons;
• enhancing legal certainty and predictability; and
• potential solutions for an agreement-based Brexit.

This edition is a cornerstone resource in handling European cases involving questions of conflict of laws.

How this will help you:

In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, this edition provides a uniquely comprehensive coverage on the European rules of the conflict of laws, covering all three Rome regulations. To this end, renowned conflict of laws scholars analyse every provision of the regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers and legal practitioners in their day-to-day work.