This book is devoted to the applicable law to contractual and non-contractual obligations in the European Union. The Rome I and II Regulations provide uniform conflict of laws rule in order to avoid undue forum-shopping. In theory all national courts of EU Member States (excluding Denmark) apply the same rules determining the applicable law. Rome I and II in Practice examines whether the theory has been put into practice and assesses difficulties that may have arisen in the interpretation and application of these Regulations. Such study appears invaluable as the Rome I and II Regulations may be seen as a critical stepping stone towards the construction of a true and far-reaching European Private International Law.

Providing clear and detailed insights into the national case law of most EU Member States, as well as the case-law of the Court of Justice, and followed by a comparative analysis, this book is a valuable resource for practitioners, the judiciary, and academics who are interested in understanding how EU law is applied on national level.

Emmanuel Guinchard is a Senior Lecturer in Law at Northumbria Law School, United Kingdom. His teaching and research focuses on Private International Law, European Union Law, World Trade Organization Law, and Competition Law. He has published widely in the field of European Civil Justice and blogs at https://europeanciviljustice.wordpress.com/



Table of Contents and Preliminary Pages 0

Introduction 1



Questionnaire for the National Reports 5

The Application of the Rome I and Rome II Regulations Before the Court of Justice of the European Union 11

The Application of the Rome I and Rome II Regulations in Austria and Germany 41

The Application of the Rome I and Rome II Regulations in Belgium 89

The Application of the Rome I and Rome II Regulations in Bulgaria 103

The Application of the Rome I and Rome II Regulations in Croatia 131

The Application of the Rome I and Rome II Regulations in Cyprus 153

The Application of the Rome I and Rome II Regulations in the Czech Republic 171

The Application of the Rome I and Rome II Regulations in France 191

The Application of the Rome I and Rome II Regulations in Greece 223

The Application of the Rome I and Rome II Regulations in Hungary 249

The Application of the Rome I and Rome II Regulations in Ireland 267

The Application of the Rome I and Rome II Regulations in Italy 293

The Application of the Rome I and Rome II Regulations in Latvia 349

The Application of the Rome I and Rome II Regulations in Lithuania 387

The Application of the Rome I and Rome II Regulations in Luxembourg 399

The Application of the Rome I and Rome II Regulations in the Netherlands 417

The Application of the Rome I and Rome II Regulations in Poland 445

The Application of the Rome I and Rome II Regulations in Portugal 465

The Application of the Rome I and Rome II Regulations in Slovakia 485

The Application of the Rome I and Rome II Regulations in Slovenia 527

The Application of the Rome I and Rome II Regulations in Spain 551

The Application of the Rome I and Rome II Regulations in the United Kingdom 579



Conclusion 625