Law Applicable to Consumer Contracts: Interaction of the Rome I Regulation and EU-directive-based Rules on Conflicts of Laws

• Author: Ragne Piir, Karin Sein
• Pages: 63-70

63

JURIDICA INTERNATIONAL 24/2016

Ragne Piir Karin Sein

LLM, Doctoral student Professor of Civil Law

University of Tartu University of Tartu

Law Applicable to

Consumer Contracts

Interaction of the Rome I Regulation

and EU-directive-based Rules on Conf‌l icts of Laws*

1. Introduction

Questions related to the law applicable to cross-border consumer contracts have long been subject to ongo-

ing discussions for the European legislator and in academic circles. As is well known, Article 6 (2) of the

Rome I Regulation*1, which lays down harmonised conf‌l ict rules for the EU, provides that even if the parties

to a consumer contract have agreed that a particular system of law is to be applied, such choice may not

deprive consumers of the protection af‌f orded to them by the mandatory provisions of their state of habitual

residence. This means, for instance, that an owner of a web-shop wishing to sell its products in all member

states has to consider the mandatory consumer protection provisions of 29 individual legal orders. It was

precisely this problem that the proposal for a Common European Sales Law – now already legal history

itself – was an attempt to solve.*2

Much less attention has been given to the conf‌l ict-of-laws provisions contained in various EU consumer

directives. Article 6 (2) of the Unfair Terms Directive,*3 for example, stipulates that member states shall

take the necessary measures to ensure that the consumer does not lose the protection granted by that direc-

tive by virtue of the choice of the law of a non-EU-member country as the law applicable to the contract if the

consumer has a close connection with the territory of the relevant member state. Similar rules on conf‌l ict

of laws are set forth by Article 12 (2) of the Distance Marketing of Consumer Financial Services Directive,*4

Article 7 (2) of the Consumer Sales Directive,*5 and Article 22 (4) of the Consumer Credit Directive.*6 Those

* This article was prepared within the framework of the project EMPқҙҞ and ESF Grant No. ҢқҙҢ.

Қ Regulation (EC) No. ҞҢҜ/қҙҙҡ of the European Parliament and of the Council of ҚҠ June қҙҙҡ on the law applicable to

contractual obligations (Rome I). – OJ L ҚҠҠ, ҝ.Ҡ.қҙҙҡ, p. ҟ f‌f . For general commentary on Article ҟ of Rome I, see, for

example, F. Ragno. Article ҟ. – F. Ferrari (ed.). Rome I Regulation. Sellier European Law Publishers қҙҚҞ, p. қҙҡ f‌f . – DOI:

http://dx.doi.org/Қҙ.ҚҞҚҞ/ҢҠҡҜҡҟҟҞҜҢҠҡҞ.

қ Proposal for a Regulation on a Common European Sales Law, COM (қҙҚҚ) ҙҟҜҞ f‌i nal, preamble p. Ҝ.

Ҝ Council Directive ҢҜ/ҚҜ/EEC of Ҟ April ҚҢҢҜ on unfair terms in consumer contracts. – OJ L ҙҢҞ, қҚ.ҝ.ҚҢҢҜ, p. қҢ f‌f .

ҝ Directive қҙҙқ/ҟҞ/EC of the European Parliament and of the Council of қҜ September қҙҙқ concerning the distance mar-

keting of consumer f‌i nancial services and amending Council Directive Ңҙ/ҟҚҢ/EEC and Directives ҢҠ/Ҡ/EC and Ңҡ/қҠ/

EC. – OJ L қҠҚ, Ң.Қҙ.қҙҙҚ, p. Қҟ f‌f .

Ҟ Directive ҚҢҢҢ/ҝҝ/EC of the European Parliament and of the Council of қҞ May ҚҢҢҢ on certain aspects of the sale of

consumer goods and associated guarantees. – OJ L ҚҠҚ, Ҡ.Ҡ.ҚҢҢҢ, p. Ққ f‌f .

ҟ Directive қҙҙҡ/ҝҡ/EC of the European Parliament and of the Council of қҜ April қҙҙҡ on credit agreements for consumers

and repealing Council Directive ҡҠ/Қҙқ/EEC. – OJ L ҚҜҜ, ққ.Ҟ.қҙҙҡ, p. ҟҟ f‌f .

http://dx.doi.org/10.12697/JI.2016.24.07