(p. 835) Appendix A The Rome I Regulation
REGULATION (EC) No 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 June 2008
on the law applicable to contractual obligations (Rome I)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 61(c) and the second indent of Article 67(5) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee1 ,
Acting in accordance with the procedure laid down in Article 251 of the Treaty2 ,
HAVE ADOPTED THIS REGULATION:
Chapter I Scope
Article 2 Universal application
Any law specified by this Regulation shall be applied whether or not it is the law of a Member State.
(p. 841) Chapter II Uniform Rules
Article 3 Freedom of choice
Article 4 Applicable law in the absence of choice
Article 5 Contracts of carriage
Article 6 Consumer contracts
Article 7 Insurance contracts
Article 8 Individual employment contracts
Article 9 Overriding mandatory provisions
Article 10 Consent and material validity
(p. 845) Article 11 Formal validity
Article 12 Scope of the law applicable
Article 13 Incapacity
In a contract concluded between persons who are in the same country, a natural person who would have capacity under the law of that country may invoke his incapacity resulting from the law of another country, only if the other party to the contract was aware of that incapacity at the time of the conclusion of the contract or was not aware thereof as a result of negligence.
Article 14 Voluntary assignment and contractual subrogation
Article 15 Legal subrogation
Where a person (the creditor) has a contractual claim against another (the debtor) and a third person has a duty to satisfy the creditor, or has in fact satisfied the creditor in discharge of that duty, the law which governs the third person’s duty to satisfy the creditor shall determine whether and to what extent the third person is entitled to exercise against the debtor the rights which the creditor had against the debtor under the law governing their relationship.
Article 16 Multiple liability
If a creditor has a claim against several debtors who are liable for the same claim, and one of the debtors has already satisfied the claim in whole or in part, the law governing the debtor’s obligation towards the creditor also governs the debtor’s right to claim recourse from the other debtors. The other debtors may rely on the defences they had against the creditor to the extent allowed by the law governing their obligations towards the creditor.
Article 17 Set-off
Where the right to set-off is not agreed by the parties, set-off shall be governed by the law applicable to the claim against which the right to set-off is asserted.
Article 18 Burden of proof
Chapter III Other Provisions
Article 19 Habitual residence
(p. 847) Article 20 Exclusion of renvoi
The application of the law of any country specified by this Regulation means the application of the rules of law in force in that country other than its rules of private international law, unless provided otherwise in this Regulation.
Article 21 Public policy of the forum
The application of a provision of the law of any country specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum.
Article 22 States with more than one legal system
Article 23 Relationship with other provisions of Community law
With the exception of Article 7, this Regulation shall not prejudice the application of provisions of Community law which, in relation to particular matters, lay down conflict-of-law rules relating to contractual obligations.
Article 24 Relationship with the Rome Convention
Article 25 Relationship with existing international conventions
Article 26 List of Conventions
(p. 848) Article 27 Review clause
Article 28 Application in time
This Regulation shall apply to contracts concluded as from 17 December 2009.18
Chapter IV Final Provisions
Article 29 Entry into force and application
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 17 December 2009 except for Article 26 which shall apply from 17 June 2009.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.
Done at Strasbourg, 17 June 2008.
For the European Parliament For the Council
The President The President
H.-G. Pöttering J. Lenarčič
1  OJ C 318, 23.12.2006, p 56.
2  Opinion of the European Parliament of 29 November 2007 (not yet published in the Official Journal) and Council Decision of 5 June 2008.
3  OJ C 12, 15.1.2001, p 1.
4  OJ C 53, 3.3.2005, p 1.
5  OJ L 12, 16.1.2001, p 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p 1).
6  OJ L 199, 31.7.2007, p 40.
7  OJ C 334, 30.12.2005, p 1.
8  OJ L 145, 30.4.2004, p 1. Directive as last amended by Directive 2008/10/EC (OJ L 76, 19.3.2008, p 33).
9  OJ L 375, 31.12.1985, p 3. Directive as last amended by Directive 2008/18/EC of the European Parliament and of the Council (OJ L 76, 19.3.2008, p 42).
10  OJ L 280, 29.10.1994, p 83.
11  OJ L 166, 11.6.1998, p 45.
12  OJ L 18, 21.1.1997, p 1.
13  OJ L 178, 17.7.2000, p 1.
14  OJ L 345, 19.12.2002, p 1. Directive as last amended by Directive 2008/19/EC (OJ L 76, 19.3.2008, p 44).
15  OJ L 158, 23.6.1990, p 59.
16  OJ L 228, 16.8.1973, p 3. Directive as last amended by Directive 2005/68/EC of the European Parliament and of the Council (OJ L 323, 9.12.2005, p 1).
17  OJ L 172, 4.7.1988, p 1. Directive as last amended by Directive 2005/14/EC of the European Parliament and of the Council (OJ L 149, 11.6.2005, p 14).
18 Author’s note: This appendix reflects the text of the Regulation after the corrigendum published in the Official Journal in November 2009. The text of Article 28 ‘Application in time’ was amended to read ‘This Regulation shall apply to contracts concluded
after as from 17 December 2009’: OJ L 309/87 (24 November 2009).