EU

As the world's largest and most representative business organization that speaks on behalf of enterprises from all sectors in every part of the world, ICC takes the opportunity to provide comments on the European Commission's work and occasionally asks governments to urge the European Commission to consult its expertise. Recently, ICC has been working with the European Commission in the following three areas:

• The European Commission's initiative to harmonize European Contract Law
• The European Commission's revision of the Rome I Convention
• The European Commission's draft proposal for a Rome II Convention

European Contract Law
The European Commission is currently looking at contract law as an area for potential harmonization and/or development of a new legislative instrument. ICC has been following this initiative closely and provided input on several occasions. ICC expertise is present in the European Commission's “Common Frame of Reference" network of experts.

The Rome Convention (contractual obligations)
The uniform rules of the Rome Convention apply to any contractual obligations. They aim at ensuring that the courts of all EU-Member States apply the same rules in case of a conflict of laws to dispute.
In 2003, The European Commission provided a “Green Paper on the conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community instrument and its modernization". The latter was put forward in order to meet today's needs for the application of the Rome Convention. The former was considered, because the Rome Convention is the only private international law instrument still in the form of an international treaty, but at a community level. A conversion into a Community Instrument shall achieve the advantage of greater consistency in community legislation on private international law and facilitate the application of standardized conflict rules in the new member states.
Referring to these developments, ICC has highlighted major sensible issues such as the proposed link between a future Rome II Regulation and the initiative to harmonize European Contract Law.

ICC Policy Statements concerning the Rome Convention

• ICC Comments on the European Commission's Green Paper on the conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community instrument and its modernization, (.pdf), Task Force on Jurisdiction and Applicable Law, 3 October 2003.

The future Rome II Convention (non-contractual obligations)
In 2003, the European Commission put forward a “proposal for a regulation on the law applicable to non-contractual obligations". The initiative focuses on the question of civil liability for damage caused to a third party (e.g. traffic accidents, accidents caused by a defective product, invasion of privacy) and to harmonize conflict rules on both, contractual and non-contractual obligations.
Referring to these developments, ICC has highlighted major sensible issues such as the conflict with the E-Commerce Directive.

ICC Policy Statements concerning the Rome II Convention

• ICC comments on the European Commission's preliminary draft proposal for a Council Regulation on the law applicable to non-contractual obligations, (.html), Task Force on Jurisdiction and Applicable Law, 13 September 2003.
• ICC request for re-evaluation of the European Commission's draft proposal for a Council Regulation on the law applicable to non-contractual obligations ('Rome II') (.html), Task Force on Jurisdiction and Applicable Law, 28 February 2003.