Rome Regulations: Commentary

Rome Regulations

Commentary

Fourth Edition

Edited by Gralf-Peter Calliess & Moritz Renner

The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (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. This article-by-article commentary – now updated to its fourth edition – has become a cornerstone resource in handling European cases involving conflict of laws and has been recognized as a leading authority by EU and national courts alike.

The fourth edition reflects major developments since 2020: the evolving post-Brexit landscape with the UK's transposition of Rome I and II into domestic law, the proliferation of economic sanctions as overriding mandatory provisions, recent landmark CJEU judgments advancing common European understanding of the Regulations, and the impact of the 2019 Hague Convention on Recognition and Enforcement of Foreign Judgments.

The commentary, authored by leading scholars of conflict of laws and drawing on extensive case law and scholarship, highlights such crucial aspects as:

• principles of interpretation and autonomous EU law concepts;

• limiting forum shopping and trade-restricting effects of legal fragmentation;

• ensuring free movement of persons and legal certainty;

• navigating the intersection of geopolitical conflicts and private law through sanctions regimes;

• managing potential divergence in EU-UK interpretation of conflict-of-laws rules; and

• the interplay between European and international conflict-of-laws frameworks.

It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic analysis.

In an era where cross-border transactions have become omnipresent, renowned conflict of laws scholars analyse every provision of the Regulations systematically and thoroughly. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.