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9. 10. 80 Official Journal of the European Communities No L 266/1 ~~, ~'~------~~---~----"' "------~-~ (Acts whose publication is not obligatory) COUNCIL CONVENTION ON THE LAW APPLICABLE TO CONTRACTIJAL OBLIGA nONS opened for signature in Rome on 19 June 1980 (80/934/EEC) PREAMBLE THE HIGH CONTRACTING PARTIES to the Treaty dtablishing the European Economic Community, ANXIOUS to continue in the field of private international law the work of unification of law which has already been done within the Community, in particular in the field of jurisdiction and enforcement of judgments, WISHING to establish uniform rules concerning the law applicable to contractual obligations HAVE AGREED AS FOLLOWS: TITLE I SCOPE OF THE CONVENTION Article rights in property arising out of a matrimonial relationship, rights and duties arIsIng out of family relationship, parentage, marriage or affinity, including maintena1).ce obligations in respect of children who are not legitimate; (c) obligations arising under bills of exchange , cheques and promissory notes and other negotiable instruments to the extent that the obligations under such other negotiable instruments arise out of their negotiable character; Scope of the Convention 1. The rules of this Convention shall apply to contractual obligations in any situation involving a choice between the laws of different countries. 2. They shall not apply to: (a) questions involving the status or legal capacity of natural persons, without prejudice to Article 11; (d) arbitration agreements and agreements on the choice of court; (b) contractual obligations relating to: wills and succession (e) questions governed by the law of companies and other bodies corporate or unincorporate such as the

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Page 1: COUNCIL - Archive of European Integrationaei.pitt.edu/1893/1/obligations_convention_1980.pdf3. Notwithstanding the provisions of paragraph 2 of this Article, to the extent that the

9. 10. 80 Official Journal of the European Communities No L 266/1

~~, ~'~------~~---~----"' "------~-~

(Acts whose publication is not obligatory)

COUNCIL

CONVENTION

ON THE LAW APPLICABLE TO CONTRACTIJAL OBLIGA nONS

opened for signature in Rome on 19 June 1980

(80/934/EEC)

PREAMBLE

THE HIGH CONTRACTING PARTIES to the Treaty dtablishing the European EconomicCommunity,

ANXIOUS to continue in the field of private international law the work of unification of law which hasalready been done within the Community, in particular in the field of jurisdiction and enforcement ofjudgments,

WISHING to establish uniform rules concerning the law applicable to contractual obligations

HAVE AGREED AS FOLLOWS:

TITLE I

SCOPE OF THE CONVENTION

Article rights in property arising out of a matrimonialrelationship,

rights and duties arIsIng out of familyrelationship, parentage, marriage or affinity,including maintena1).ce obligations in respect of

children who are not legitimate;

(c) obligations arising under bills of exchange, chequesand promissory notes and other negotiableinstruments to the extent that the obligations undersuch other negotiable instruments arise out of theirnegotiable character;

Scope of the Convention

1. The rules of this Convention shall apply tocontractual obligations in any situation involving achoice between the laws of different countries.

2. They shall not apply to:

(a) questions involving the status or legal capacity of

natural persons, without prejudice to Article 11;(d) arbitration agreements and agreements on the choice

of court;(b) contractual obligations relating to:

wills and succession(e) questions governed by the law of companies and

other bodies corporate or unincorporate such as the

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No L 266/2 Official Journal of the European Communities 9. 10. 80

creation, by registration or otherwise, legal capacity,internal organization or winding up of companiesand other bodies corporate or unincorporate and thepersonal liability of officers and members as such forthe obligations of the company or body;

(f) the question whether an agent is able to bind aprincipal , or an organ to bind a company or bodycorporate or unincorporate, to a third party;

(g) the constitution of trusts and the relationshipbetween settlors, trustees and beneficiaries;

(h) evidence and procedure, without prejudice toArticle 14.

3. The rules of this Convention do not apply tocontracts of insurance which cover risks situated in the

territories of - the Member States of the EuropeanEconomic Community. In order to determine whether arisk is situated in these territories the court shall applyits internal law.

4. The preceding paragraph does not apply tocontracts of re-insurance.

Article

Application of law of non-contracting States

Any law specified by this Convention shall be appliedwhether or not it is the law of a Contracting State.

UNIFORM RULES

TITLE II

Article

Freedom of choice

1. A contract shall be governed by the law chosen bythe parties. The choice must be expressed ordemonstrated with reasonable certainty by the terms ofthe contract or the circumstances of the case. By theirchoice the parties can select the law applicable to thewhole or a part only of the contract.

' The parties may at any time agree to subject thecontract to a law other than that which previouslygoverned it, whether as a result of an earlier choiceunder - this Article or of other provisions of thisConvention. Any variation by the parties of the law tobe applied made after the conclusion of the contractshall not prejudice its formal validity under Article 9 oradversely affect the rights of third parties.

3. The fact that the parties have chosen a foreign lawwhether or not accompanied by" the choiceoLa" foreigntribunal , shall not, where all the other elements relevantto the situation at the time of the choice are connectedwith one country only, prejudice the application of rulesof the law of that country 'which cannot be derogatedfrom by contract, hereinafter called 'mandatory rules

4. The existence and validity of the consent of theparties as to the choice of the applicable law shallbe determined in accordance with the provisions of

Articles 8 , 9 and 11.

Article

Applicable law in the absence of choice

1. To the extent that the law applicable to the contracthas not been chosen in accordance with Article 3 , thecontract shall be governed by the law of the countrywith which it is most closely connected. Nevertheless , aseverable part of the contract which has a closerconnection with another country may by way ofexception be governed by the law of that other country.

2. Subject to -the provisions of paragraph 5 of thisArticle, it shall be presumed that the contract is mostclosely connected with the country where the party whois to effect the performance which is characteristic ofthe contract has, at the time of conclusion of the

contract, his habitual residence, or, in the case of a bodycorporate or unincorporate, its central administration.However, if the contract is entered into in the course ofthat party s trade or profession, that country shall bethe country in which the principal place of business issituated or, where under the terms of the contract theperformance is to be,. effected through place ofbusiness other than the principal place of business, thecountry in which that other place of business is situated.

3. Notwithstanding the provisions of paragraph 2 ofthis Article, to the extent that the subject matter of thecontract is a right in immovable property or" a right touse immovable property it shall be presumed that thecontract is most closely connected with the countrywhere the immovable property is situated.

4. A contract for the carriage of goods shall not besubject to the presumption in paragraph 2. In such a

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9. 10. 80 Official Journal of the European Communities" No L 266/3

contract if the country in which, at the time the contractis concluded, the carrier has his principal place ofbusiness is also the country in which the place ofloading or the place of discharge or the principal place

of business of the consignor is situated, it shall be

presumed that the contract is most closely connectedwith that country. In applying this paragraph singlevoyage charter-parties and other contracts the mainpurpose of which is the carriage of goods shall betreated as contracts for the carriage of goods.

5. Paragraph 2 shall not apply if the characteristicperformance cannot be determined and thepresumptions in paragraphs 2, 3 and 4 shall be

disregarded if it appears from the circumstances as awhole that the contract is more closely connected with.another country.

Article

Certain consumer contracts

1. This Article applies to a contract the object of whichis the supply of goods or services to a person (' theconsumer ) for a purpose which can be regarded asbeing outside his trade or profession, or a contract forthe provision of credit for that object.

2. Notwithstanding the provisions of Article 3 , achoice of law made by the parties shall not have theresult of depriving the consumer of the protectionafforded to him by the mandatory rules of the law ofthe country in which he has his habitual residence:

if in that country the conclusion of the contract waspreceded by a specific invitation addressed to him orby advertising, and he had taken in that country allthe steps necessary on his part for the conclusion ofthe contract, or

if the other party or his agent received theconsumer s order in that country, or

if the contract is for the sale of goods and theconsumer travelled from that country to anothercountry and there gave his order, provided that theconsumer s journey was arranged by the seller forthe purpose of inducing the consumer to buy.

3. Notwithstanding the provisions of Article 4, acontract to which this Article applies shall, in theabsence of choice in accordance with Article 3 , be

governed by the law of the country in which theconsumer has his habitual residence if it is entered intoin the circumstances described in paragraph 2 of thisArticle. 4. This Article shall not apply to:

(a) a contract of carriage;

(b) a contract for the supply of services where theservices are to be supplied to the consumerexclusively in a country other than that in which hehas his habitual residence.

5. Notwithstanding the provisions of paragraph 4 , thisArticle shall apply to a contract which, for an inclusiveprice, provides for a combination of travel and

acco~moda tion.

Article

Individual employment contracts

1. Notwithstanding the provisions of Article 3 , in a

contract of employment a choice of law made by theparties shall not have the result of depriving theemployee of the protection afforded to him by themandatory rules of the law which would be applicableunder paragraph 2 in the absence of choice.

2. Notwithstanding the provisions of Article 4, a

contract of employment shall, in the absence of choicein accordance with Article 3 , be governed:

(a) by the law of the country in which the employeehabitually carries out his work in performance ofthe contract, even if he is temporarily employed inanother country; or

(b) if the employee does not' habitually carry out hiswork in anyone country, by the law of the countryin which the place of business through which he wasengaged is situated;

unless it appears from the circumstances as a whole thatthe contract is more closely connected with anothercountry, in which case the contract shall be governed bythe law of that country.

Article

Mandatory rules

1. When applying under this Convention the law of acountry, effect may be given to the mandatory rules ofthe law of another country with which the situation hasa close connection , if and in so far as, under the law ofthe latter country, those rules must be applied whateverthe law applicable to the contract. In consideringwhether to give effect to these mandatory rules , regardshall be had to their nature and purpose and to theconsequences of their application or non-application.

2. Nothing in this Convention shall restrict theapplication of the rules of the law of the forum in a

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No L 266/4 Official Journal of the European Communities 9. 10. 80

situation where they are mandatory irrespective of thelaw otherwise applicable to the contract.

Article

Material validity

1. The existence and validity of a contract, or of anyterm of a contract, shall be determined by the lawwhich would govern it under this Convention if thecontract or term were valid.

2. Nevertheless a party may rely upon the law of thecountry ' in which he has his habitual residence toestablish that he did not consent if it appears from thecircumstances that it would not be reasonable todetermine the effect of his conduct in accordance withthe law speci~ied in the preceding paragraph.

Article

Formal validity

1. A contract concluded between persons who are inthe same country is formally valid if it satisfies theformal requirements of the law which governs it underthis Convention or of the law of the country where it isconcluded.

2. A contract concluded between persons who are indifferent countries is formally valid if it satisfies the

formal requirements of the law which governs it underthis Convention or of the law of one of those countries.

3. Where a contract is concluded by an agent, thecountry in which the agent acts is the relevant countryfor the purposes of paragraphs 1 and 2.

4. An act intended to have legal effect relating to anexisting or contemplated contract is formally valid if itsatisfies the formal requirements of the law which underthis Convention governs or would govern the contractor of the law of the country where the act was done.

5. The provisions of the preceding paragraphsshall not apply to a contract to which Article 5applies, concluded in the circumstances described inparagraph 2 of Article 5. The formal validity of such acontract is governed by the law of the country in whichthe consumer has his habitual residence.

6. Notwithstanding paragraphs 1 to 4 of this Article , acontract the subject matter of which is a right inimmovable property or right to use immovableproperty shall be subject to the mandatory requirementsof form of the law of the country where the property issituated if by that law those requirements are imposedirrespective of the country where the contract isconcluded and irrespective of the law governing thecontract.

Article

Scope of the applicable law

1. The law applicable to a contract by virtue ofArticles 3 to 6 and 12 of this Convention shall govern inparticular:

(a) interpretation;

(b) performance;

(c) within the limits of the powers conferred on thecourt by its procedural law, the consquences ofbreach, including the assessment of damages in sofar as it is governed by rules of law;

(d) the various ways of extinguishing obligations, andprescription and limitation of actions;

(e) the consequences of nullity of the contract.

2. In relation to the manner of performance and thesteps to be taken in the event of defective performanceregard shall be had to the law of the country in whichperformance takes place.

Article

Incapacity

In a contract concluded between persons who are in thesame country, a natural person who would havecapacity under the law of that country may invoke hisincapacity resulting from another law only if the otherparty to the contract was aware of this incapacity at thetime of the conclusion of the contract or was not awarethereof as a result of negligence.

Article

Voluntary assignment

1. The mutual obligations of assignor and assigneeunder a voluntary assignment of a right against another

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9. 10. 80

-~"~- ~~-------

Official Journal of the European Communities No L 266/5

person (' the debtor ) shall be governed by the law whichunder this Convention applies to the contract betweenthe assignor and assignee.

2. The law governing the right to which theassignment relates shall determine its assignability, therelationship betweeen the assignee and the debtor, theconditions under which the assignment can be invokedagainst the debtor and any question whether thedebtor s obligations have been discharged.

Article

Subrogation

1. Where a person (' the creditor ) has a contractual

claim upon another ('the debtor ), and a third personhas a duty to satisfy the creditor, or has in fact satisfiedthe creditor in discharge of that duty, the law whichgoverns the third person s duty to satisfy the creditorshall determine whether the third person is entitled toexercise against the debtor the rights which the creditorhad against the debtor under the law governing theirrelationship and , if so, whether he may do so in full oronly to a limited extent.

2. The same rule applies where several persons aresubject to the same contractual claim and one of themhas satisfied the creditor.

Article

Burden of proof, etc.

1. The law governing the contract under thisConvention applies to the extent that it contains, in thelaw of contract, rules which raise presumptions of lawor determine the burden of proof.

2. A contract or an act intended to have legal effectmay be proved by any mode of proof recognized by thelaw of the forum or by any of the laws referred to inArticle 9 under which that contract or act is formallyvalid, provided that such mode of proof can beadministered by the forum.

Article

Exclusion of renvoi

The application of the law of any country specified by- this Convention means the application of the rules oflaw in force in that country other than its rules ofprivate international law.

-----.-

Article

Ordre public

The application of a rule of the law of any countryspecified by this Convention may be refused only if suchapplication is manifestly incompatible with the publicpolicy ('ordre public ) of the forum.

Article

No retrospective effect

This Convention shall apply in a Contracting State tocontracts made after the date on which this Conventionhas entered into force with respect to that State.

Article

Uniform interpretation

In the interpretation and application of the precedinguniform rules, regard shall be had to their internationalcharacter and to the desirability of achieving uniformityin their interpretation and application.

Article

States with more than one legal system

1. Where a State comprises several territorial unitseach of which has its own rules of law in respect ofcontractual obligations, each territorial unit shall beconsidered as a country for the purposes of identifyingthe law applicable under this Convention.

2. A State within which different territorial units havetheir own rules of law in respect of contractualobligations shall not be bound to apply this Conventionto conflicts solely between the laws of such units.

Article

Precedence of Community law

This Convention shall not affect the application ofprovisions which, in relation to particular matters, laydown choice of law rules relating to contractualobligations and which are or will be contained in acts ofthe institutions of the European Communities or innational laws harmonized in implementation of suchacts.

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No L 266/6 Official Journal of the European Communities 9. 10.

Article (a)the provisions of Article 7 (1);

Relationship with other conventions

This Convention shall not prejudice the application ofinternational conventions to which a Contracting State

, or becomes, a party.

Article

Reservations

1. Any Contracting State may, at the time of signatureratification, acceptance or approval, reserve the rightnot to apply:

(b) the provisions of Article 10 (1) (e).

2. Any Contracting State may also when notifyingan extension of the _Convention in accordance withArticle 27(2), make one or more of these reservationswith its effect limited to all or some of the territoriesmentioned in the extension.

3. Any Contracting State may at any time withdraw areservation which it has made; the reservation shallcease to have effect on the first day of the third calendarmonth after notification of the withdrawal.

FINAL PROVISIONS

TITLE III

Article

1. If, after the date on which this Convention hasentered into force for a Contracting State, that State

wishes to adopt any new choice of law rule in regard toany particular category of contract within the scope ofthis Convention, it shall communicate its intention tothe other signatory States through the Secretary-Genealof the Council of the European Communities.

2. Any signatory State may, within six months fromthe date of the communication made to theSecretary-General , request him to arrange consultationsbetween signatory States in order to reach agreement.

3. If no signatory State has requested consultationswithin this period or if within two years following thecommunication made to the Secretary-General noagreement is reached in the course of consultations, theContracting State concerned may amend its law in themanner indicated. The measures taken by that Stateshall be brought to the knowledge of the other signatoryStates through the Secretary-General of the Council ofthe European Communities.

Article

1. If, after the date on which this Convention hasentered into force with respect to a Contracting Statethat State wishes to become a party to a multilateralconvention whose principal aim or one of whoseprincipal aims is to lay down rules of privateinternational law concerning any of the mattersgoverned by this Convention, the procedure set out inArticle 23 shall apply. However, the period of two

years, referred to in paragraph 3 of that Article , sILl!! blreduced to one year.

2. The procedure referred to in the precedingparagraph need not be followed if a Contracting Stateor one of the European Communities is already a partyto the multilateral convention, or if its object is to revisea convention to which the State concerned is already aparty, or if it is a convention concluded within theframework of the Treaties establishing the EuropeanCommunities.

Article

If a Contracting State considers that the unificationachieved by this Convention is prejudiced by theconclusion of agreements not covered by Article 24 (1),that State may request the Secretary-General of theCouncil of the European Communities to arrangeconsultations between the signatory States of thisConvention.

Article

Any Contracting State may request the revision of thisConvention. In this event a revision conference shall beconvened by the President of the Council of theEuropean Communities.

Article

1. This Convention shall apply to the European

territories of the Contracting States including

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9. 10. 80 Official Journal of the European Communities~ _u_- ,---

-----,

No L 266/7

Greenland, and to the entire territory of the FrenchRepublic.

2. Nothwithstanding paragraph

(a) this Convention shall not apply to the Faroe Islandsunless the Kingdom of Denmark makes adeclaration to the contrary;

(b) this Convention shall not apply to any European

territory situated outside the United Kingdom forthe international relations of which the UnitedKingdom is responsible, unless the United Kingdommakes a declaration to the contrary in respect of anysuch territory;

(c) this Convention shall apply to the NetherlandsAntilles , if the Kingdom of the Netherlands makes adeclaration to that effect.

3. Such declarations may be made at any time bynotifying the Secretary-General of the Council of theEuropean Communities.

4. Proceedings brought in the United Kingdom onappeal from courts in one of the territories referred to inparagraph 2 (b) shall be deemed to be proceedingstaking place in those courts.

Article

1. This Convention shall be open from 19 June 1980for signature by the States party to the Treatyestablishing the European Economic Community.

2. This Convention shall be subject to ratificationacceptance or approval by the signatory States. Theinstruments of ratification, acceptance or approval shallbe deposited with the Secretary-General of the Councilof the European Communities.

Article

1. This Convention shall enter into force on the firstday of the third month following the deposit of theseventh instrument of ratification acceptance orapproval.

2. This Convention shall enter into force for each

signatory State ratifying, accepting or approving at alater date on the first day of the third month followingthe deposit of its instrument of ratification, acceptanceor approval.

Article

1. This Convention shall remain in force for 10 yearsfrom th~ date of its entry into force in accordance with

Article 29 (1), even for States for which it enters intoforce at a later date.

2. If there has been no denunciation it shall berenewed tacitly every five years.

3. A Contracting State which wishes to denounce shallnot less than six months before the expiration of theperiod of 10 or five years, as the case may be, givenotice to the Sectretary-General of the Council of theEuropean Communities. Denunciation may be limited toany territory to which the Convention has been exten-ded by a declaration under Article 27 (2).

4. The denunciation shall have effect only in relationto the State which has notified it. The Convention willremain in force as between all other Contracting States.

Article

The Secretary-General of the Council of the EuropeanCommunities shall notify the States party to the Treatyestablishing the European Economic Community of:

(a) the signatures;

(b) the deposit of each instrument of ratificationacceptance or approval;

(c) the date of entry into force of this Convention;

(d) communications made in pursuance of Articles 23, 25 , 26 , 27 and 30;

(e) the reservations and withdrawals of reservationsreferred to in Article 22.

Article

The Protocol annexed to this Convention shall form anintegral part thereof.

Article

This Convention , drawn up in a single original in theDanish, Dutch, English, French, German, Irish andItalian languages, these texts being equally authenticshall be deposited in the archives of the Secretariat ofthe Council of the European Communities. TheSecretary-General shall transmit a certified copy thereofto the Government of each signatory State.

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No L 266/8 . Official Journal of the European Communities

~ ~- ~ ~

Til bekr~ftelse heraf har undertegnede . beh0rigt befuldm~gtigede underskrevet dennekonvention. -

Zu Urkund dessen haben die hierzu gehorig befugten Unterzeichneten ihre Unterschriftenunter dieses Obereinkommen gesetzt.

In witness whereof the undersigned, being duly authorized thereto, have signed thisConvention.

En foi de quoi, les soussignes , dument autorises a cet effet, ont signe la presente convention.

Dei fhianu sin, shinigh na daoine seo thios , arna n-udaru go cui chuige sin , an Coinbhinsiunseo.

In fede di che, i sottoscritti, debitamente autorizzati a tal fine, hanno firmato la presenteconvenZlOne.

Ten blijke waarvan, de ondergetekenden , daartoe behoorlijk gemachtigd, hun handtekeningonder dit Verdrag hebben geplaatst.

Udf~rdiget i Rom, den nittende juni nitten hundrede og firs.

Geschehen zu Rom am neunzehnten Juni neunzehnhundertachtzig.

Done at Rome on the nineteenth day of June in the year one thousand nine hundred andeighty.

Fait a Rome, Ie dix-neuf juin mil neuf cent quatre-vingt.

Arna dheanamh sa R6imh, an naou lei deag de Mheitheamh sa bhliain mile naoi gceadocht6.

Fatto aRoma , addi diciannove giugno millenovecentoottanta.

Gedaan te Rome , de negentiende juni negentienhonderd tachtig.

Pour Ie royaume de Belgique

Voor het Koninkrijk Belgie

9. 10. 80

_~-

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9. 10. 80 Official Journal of the European Communities No L 266/9

--~---- ---- , ~~-~

Pa kongeriget Danmarks vegne

Fur die Bundesrepublik Deutschland

tr-

Pour la Republique franc;:aise

Thar ceann na hf:ireann

Per la Repubblica italiana

()~

Pour Ie grand-duche de Luxembourg

~""-_.. ._._-

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No L 266/10 Official Journal of the European Communities 9. 10. 80

Voor het Koninkrijk der Nederlanden

/h'For the United Kingdom of Great Britain and Northern Ireland

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9. 10. 80 Official Journal of the European Communities

PROTOCOL

The High Contracting Parties have agreed upon the following provision which shall beannexed to the Convention:

Notwithstanding the provisions of the Convention, Denmark may retain the rulescontained in S010ven (Statute on Maritime Law) paragraph 169 concerning the applicablelaw in matters relating to carriage of goods by sea and may revise these rules withoutfollowing the procedure prescribed in Article 23 of the Convention.

Til bekrreftelse heraf har undertegnede beh0rigt befuldmregtigede underskrevet denneprotokol.

Zu Urkund dessen haben die hierzu gehorig befugten Unterzeichneten ihre Unterschriftenunter dieses Protokoll gesetzt.

In witness whereof the. undersigned, being duly authorized thereto, have signed thisProtocol.

En foi de quoi, les soussignes , dument autorises a cet effet, ont signe Ie present protocole.

Dei fhianu sin, shinigh na daoine seo thios, arna n-udaru go cui chuige sin, an Protacal seo.

In fede di che, i sottoscritti, debitamente autorizzati a tal fine, hanno firmato il presenteprotocollo.

Ten blijke waarvan, de ondergetekenden, daartoe behoorlijk gemachtigd, hlin handtekeningonder dit Protocol hebben geplaatst.

Udfrerdiget i Rom, den nittende juni nitten hundrede og firs.

Geschehen zu Rom am neunzehnten Juni neunzehnhundertachtzig.

Done at Rome on the nineteenth day of June in the year one thousand nine hundred andeighty.

Fait a Rome, Ie dix-neuf juin mil neuf cent quatre-vingt.

Arna dheanamh sa Roimh, an naou lei deag de Mheitheamh sa bhliain mile naoi gceadochto.

Fatto aRoma, addi diciannove giugno millenovecentoottanta.

Gedaan te Rome , de negentiende juni negentienhonderd tachtig.

No L 266/11

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No L 266/12 Official Journal of the European Communities

Pour Ie royaume de Belgique

Voor her Koninkrijk Belgie

tl/0

Pa kongeriget Danmarks vegne

Fur die Bundesrepublik Deutschland

w.

Pour la Republique frans;aise

Thar ceann na hEireann

k~~Per la Repubblica italiana

--.,

JM'

9. 10. 80

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9. 10. 80

Pour Ie grand-duche de Luxembourg

Official Journal of the European Communities

.---'

Voor het Koninkrijk der Nederlanden

._"U_

_.._-

- "0

-- ' -- " -=--

---,0'

For the United Kingdom of Great Britain and Northern Ireland

No L 266/13

-------'-------- ---- ,--- - -~--"

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No L 266/14 Official Journal of the European Communities 9. 10. 80

JOINT DECLARATION

At the time of the signature of the Convention on the law applicable to contractualobligations, the Governments of the Kingdom of Belgium, the Kingdom of Denmark, theFederal Republic of Germany, the French Republic, Ireland, the Italian Republic, the GrandDuchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom of GreatBritain and Northern Ireland

I. anxious to avoid, as far as possible, dispersion of choice of law rules among severalinstruments and differences between these rules,

express the wish that the institutions of the European Communities, in the exercise of

their powers under the Treaties by which they were established, will, where the needarises , endeavour to adopt choice of law rules which are as far as possible consistentwith those of this Convention;

II. declare their intention as from the date of signature of this Convention until becomingbound by Article 24, to consult with each other if anyone of the signatory States wishesto become a party to any convention to which the procedure referred to in Article 24would apply;

III. having regard to the contribution of the Convention on the law applicable to contractualobligations to the unification of choice of law rules within the European Communitiesexpress the view that any State which becomes a member of the European Communitiesshould accede to this Convention

Til bekrreftelse heraf har undertegnede beh0rigt befuldmregtigede underskrevet dennefrelleserklrering.

Zu Urkund dessen haben die hierzu gehorig befugten Unterzeichneten ihre Unterschriftenunter diese gemeinsame ErkHirung gesetzt.

In witness whereof the undersigned, being duly authorized thereto , have signed this JointDeclaration.

En foi de quoi , les soussignes , dftment autorises a cet effet, ont signe la presente declarationcommune.

Dei fhianu sin, shinigh na daoine seo thios , arna n-udaru go cui chuige sin, an DearbhuComhphairteach seo.

In fede di che, i sottoscritti , debitamente autorizzati a tal fine, hanno firmato la presentedichiarazione comune.

Ten blijke waarvan, de ondergetekenden , daartoe behoorlijk gemachtigd, hun handtekeningonder deze Verklaring hebben geplaatst.

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9. 10. 80 Official Journal of the European Communities No L 266/15

Udfrerdiget i Rom, den nittende juni nitten hundrede og firs.

Geschehen zu Rom am neunzehnten Juni neunzehnhundertachtzig.

Done at Rome on the nineteenth day of June in the year one thousand nine hundred andeighty.

Fait a Rome, Ie dix-neuf juin mil neuf cent quatre-vingt.

Arna dheanamh sa R6imh, an naou lei deag de Mheitheamh sa bhliain mile naoi gceadocht6.

Fatto aRoma, addi diciannove giugno millenovecentoottanta.

Ged~an te Rome , de negentiende juni negentienhonderd tachtig.

Pour Ie gouvernement du royaume de Belgique

Voor de Regering van het Koninkrijk Belgie

Pi kongeriget Danmarks vegne

Fur die Regierung der Bundesrepublik Deutschland

Pour Ie gouvernement de la Republique fran~aise

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No L 266/16 Official Journal of the European Communities 9. 10. 80

~~ -

Thar ceann Rialtas na hEireann

-..

Per il governo dell a Repubblica italiana

lh-P-~

Pour Ie gouvernement du grand-duche de Luxembourg

-- --.--::.--.---:...

Voor de Regering van het Koninkrijk der Nederlanden

~~-'-

For the Government of the United Kingdom of Great Britain and Northern Ireland

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9. 10. 80 Official Journal of the European Communities

,-- ---~---

JOINT DECLARATION

The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the FederalRepublic of Germany, the French Republic, Ireland, the Italian Republic, the Grand Duchyof Luxembourg, the Kingdom of the Netherlands, and the United Kingdom of Great Britainand Northern Ireland

On signing the Convention on the law applicable to contractual obligations;

Desiring to ensure that the Convention is applied as effectively as possible;

Anxious to prevent differences of interpretation of the Convention from impamng itsunifying effect;

Declare themselves ready:

1. to examine the possibility of conferring jurisdicition in certain matters on the Court ofJustice of the European Communities and , if necessary, to negotiate an agreement to thiseffect;

2. to arrange meetings at regular intervals between their representatives.

Til bekrxftelse heraf har undertegnede beh0rigt befuldmxgtigede underskrevet dennefxlleserklxring.

Zu Urkund dessen haben die hierzu gehorig befugten Unterzeichneten ihre Unterschriftenunter diese gemeinsame Erklarung gesetzt.

In witness whereof the undersigned , being duly authorized thereto , have signed this JointDeclaration.

En foi de quoi , les soussignes , dument autorises a cet effet, ont signe la presente declarationcommune.

Da fhianu sin shinigh na daoine seo thios , arna n-udaru go cui chuige sin, an DearbhuComhphairteach seo.

In fede di che, i sottoscritti, debitamente autorizzati a tal fine, hanno firmato la presentedichiarazione comune.

Ten blijke waarvan , de ondergetekenden, daartoe behoorlijk gemachtigd, hun handtekeningonder deze Verklaring hebben geplaatst.

No L 266/17

"- - - ~---~ ~ -

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No L 266/18 Official Journal of the European Communities 9. 10. 80

Udfrerdiget i Rom, den nittende juni nitten hundrede og firs.

Geschehen zu Rom am neunzehnten Juni neunzehnhundertachtzig.

Done at Rome on the nineteenth day of June in the year one thousand nine hundred andeighty.

Fait a Rome, Ie dix-neuf juin mil neuf cent quatre-vingt.

Arna dheanamh sa Roimh, an naou lei deag de Mheitheamh sa bhliain mfle naoi gceadochto. Fatto a Roma, add! diciannove giugno millenovecentoottanta.

Gedaan te Rome, de negentiende juni negentienhonderd tachtig.

Pour Ie gouvernement du royaume de Belgique

Voor de Regeringvan her Koninkrijk Belgie

V'v

Pakongeriget Danmarks vegne

Fur die Regierung der Bundesrepublik Deutschland

h. 11.

Pour Ie gouvernement de la Republique fran~aise

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9. 10. 80 Official Journal of the European CommUl

~~~~_----~' ---- -----~------'._----~ _-----_.. -,-

Thar ceann Rialtas na hEireann

Per il governo della Repubblica italiana

---. """ -

Pour Ie gouvernement du grand-duche de Luxembourg

---

Voor de Regering van het Koninkrijk der Nederlanden

For the Government of the United Kingdom of Great Britain and Northern Ireland

No L 266/19

," --- -- -~ --