EUROPEAN COURT OF JUSTICE TO BRING NEW CERTAINTY OVER EUROPEAN CONTRACT LAW

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Jan 19, 2005 09:59 ET

 

 

 

 

 

 

 

 

THE EUROPEAN COURT OF JUSTICE TO BRING NEW CERTAINTY OVER EUROPEAN CONTRACT LAWLondon, 19 January/GNN/ -- DEPARTMENT FOR CONSTITUTIONAL AFFAIRS News Release (No:025/05) issued by

the Government News Network on 19 January 2005

From 1 March 2005, appellate courts in the United Kingdom will be able to

refer cases, which raise issues concerning the interpretation of the 1980

Rome Convention on the Law Applicable to Contractual Obligations, to the

European Court of Justice in Luxembourg.

The Contracts (Applicable Law) Act 1990 (Commencement No. 2) Order 2004,

will come into effect on 1 March 2005 and enable courts to refer cases to

the Court of Justice under the 1980 Rome Convention. The United Kingdom and

all the other member states of the European Union (except those ten countries

which acceded last year) are parties to the 1980 Rome Convention.

This Convention, which was implemented in the United Kingdom by the Contracts

(Applicable Law) Act 1990, lays down harmonised rules to determine which

law of contract should apply in relation to international contractual

disputes. Until recently its provisions could only be interpreted by the

national courts in the member states, and not by the Court of Justice.

The 1988 Brussels Protocol, which allows for the making of references to that

Court, could not come into force earlier because it had not been ratified

by all the member states. This has now happened and opens the way to the

Protocol being brought into force in those countries.

Enabling the Court of Justice to interpret the Convention will allow that court

to build up a body of jurisprudence which will over time create uniformity

as to its meaning. This gradual increase in legal certainty (other member

states are also in the process of putting in place similar arrangements)

will further the original purpose of the Convention which was to benefit

international commerce by improving the functioning of the internal market.

T 020 7210 8512/8513 F 020 7210 8633 E press.office

www.dca.gov.uk

Source: DEPARTMENT FOR CONSTITUTIONAL AFFAIRS

 

 

 

 

 

 

 

 

 

 

 

Karl Theis JrMedical Science Reporterwww.RealityExpander.com Ch.10 TimeWarnerAustin,Texas cell 512 297-9875http://groups.msn.com/exposureofthetruth

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