Examples of Rome I Regulation in a sentence
The Commission proposal, COM(2012)131 final, specifies in recital 6 that the PWD ‘should not prejudice the application of the law which, under Article 8 of the Rome I Regulation, applies to individual employment contracts’.
In Dutch legal writing, the reference to the locus laboris in Article 8(2) Rome I Regulation is seen as the embodiment of the protective character of the choice-of-law rule.
However, up until recently the CJ had no competence to interpret the existing choice of law instruments.22 This enabled Member States to develop and/or maintain different interpretations of both the interaction between Article 8 and Article 9 of the Rome I Regulation and the interaction between the Rome I Regulation and the PWD.
In the absence of case-law on the interpretation of the Rome I Regulation, similar concepts and criteria in the Brussels I Regulation on jurisdiction24 and the Rome Convention, the treaty which preceded the Rome I Regulation, may be of relevance.
The law applicable to the employment contract would be determined by the Rome I Regulation.
The competence to interpret the predecessor of the Rome I Regulation, the Rome Convention,was established in a separate protocol which entered into force on 1 August 2004 (see Case C-29/10, Koelzsch, EU:C:2011:151, para.
The choice of law rules of the Savignian system on which the Rome I Regulation is based aim to ‘bring home’ the international contract to the legal system in which it belongs.6 But the special rules for contracts of employment contained in Article 8 thereof also aim to offer adequate protection to the individual worker.
This phrasing closely resembles Article 8(2) of the Rome I Regulation, although the PWD uses the word ‘normally’, whereas the Rome I Regulation refers to a ‘habitual’ country of work.
Among Member States which answered to this question in the context of the public consultation, a number of them explicitly oppose any form of the application of the home option and a re-opening of the Rome I Regulation while a couple showed some openness.
As this option would leave the Rome I Regulation untouched, there would be no effects on the international private law rules in force.oA Regulation would be directly applicable in all Member States, and could thus incur minimal implementation costs.