ACT No. III of 2006 AN ACT to provide for the Ratification of the Accession Convention of the 14 April 2005 to the 1980 Rome Convention on the law applicable to contractual obligations and to the First and Second Protocols thereof.

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

4th April, 2006

ACT No. III of 2006

AN ACT to provide for the Ratification of the Accession Convention of

the 14 April 2005 to the 1980 Rome Convention on the law

applicable to contractual obligations and to the First and Second

Protocols thereof.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled and by the authority of the same, as follows>–

PART I

The short title of this Act is the Rome Convention on Short title.

Contractual Obligations (Ratification) Act, 2006.

CONVENTION

ON THE ACCESSION OF THE CZECH REPUBLIC, THE REPUBLIC OF

ESTONIA, THE REPUBLIC OF CYPRUS,THE REPUBLIC OF LATVIA, THE

REPUBLIC OF LITHUANIA, THE REPUBLIC OF HUNGARY, THE REPUBLIC

OF MALTA, THE REPUBLIC OF POLAND, THE REPUBLIC OF SLOVENIA

AND THE SLOVAK REPUBLIC TO THE CONVENTION ON THE LAW

APPLICABLE TO CONTRACTUAL OBLIGATIONS OPENED FOR

SIGNATURE IN ROME ON 19 JUNE 1980, AND TO THE FIRST AND SECOND

PROTOCOLS ON ITS INTERPRETATION BY THE COURT OF JUSTICE OF

THE EUROPEAN COMMUNITIES

THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE

EUROPEAN COMMUNITY,

BEARING IN MIND the Act concerning the conditions of accession of the Czech

Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the

Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of

Poland, the Republic of Slovenia and the Slovak Republic, and the adjustments to the

Treaties on which the European Union is founded, and in particular Article 5(2) thereof,

RECALLING that by becoming Members of the European Union, the new Member

States undertook to accede to the Convention on the Law applicable to Contractual

Obligations, opened for signature in Rome on 19 June 1980, and to the First and Second

Protocols on its interpretation by the Court of Justice as modified by the Convention

signed in Luxembourg on 10 April 1984, on the accession of the Hellenic Republic, the

Convention signed in Funchal on 18 May 1992 on the accession of the Kingdom of Spain

and the Portuguese Republic, and the Convention signed in Brussels on 29 November

1996 on the accession of the Republic of Austria, the Republic of Finland and the

Kingdom of Sweden,

HAVE AGREED AS FOLLOWS

TITLE I

GENERAL PROVISIONS

Article 1

The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of

Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the

Republic of Poland, the Republic of Slovenia and the Slovak Republic hereby accede to

(a)

the Convention on the Law applicable to Contractual Obligations, opened for

signature in Rome on 19 June 1980, hereinafter referred to as ‘the Convention of

of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the

Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of

Slovenia and the Slovak Republic.

2. The texts of the Convention of 1980, the Convention of 1984, the First Protocol of

1988, the Second Protocol of 1988, the Convention of 1992 and the Convention of 1996

in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovakian and

Slovenian languages shall be authentic under the same conditions as the other texts of the

Convention of 1980, the Convention of 1984, the First Protocol of 1988, the Second

Protocol of 1988, the Convention of 1992 and the Convention of 1996.

Article 4

This Convention shall be ratified by the signatory States. The instruments of ratification

shall be deposited with the Secretary- General of the Council of the European Union.

Article 5

1. This Convention shall enter into force between the States which have ratified it,

on the first day of the third month following the deposit of the second instrument of

ratification.

2. Thereafter, this Convention shall enter into force, for each signatory State which

subsequently ratifies it, on the first day of the third month following the deposit of its

instrument of ratification.

Article 6

The Secretary-General of the Council of the European Union shall notify the signatory

States of

(a)

the deposit of each instrument of ratification;

(b)

the dates of entry into force of this Convention for the Contracting States.

Article 7

This Convention, drawn up in a single original in the Czech, Danish, Dutch, English,

Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian,

Maltese, Polish, Portuguese, Slovakian, Slovene, Spanish and Swedish languages, all 21

texts being equally authentic, shall be deposited in the archives of the General Secretariat

of the Council of the European Union. The Secretary-General shall transmit a certified

copy to the Government of each signatory state.

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Done at Luxembourg on the fourteenth day of April in the year two thousand and five.

(Signatories)

Joint declaration by the High Contracting Parties concerning the deadlines set for

ratification of the Accession Convention

“The High Contracting Parties, meeting in the Council at the time of the signature of the

Convention on the accession of the Czech Republic, the Republic of Estonia, the

Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of

Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and

the Slovak Republic to the 1980 Rome Convention on the law applicable to contractual

obligations, declare that they will take the necessary steps to ratify this Convention within

a reasonable time and, if possible, before December 2005.”

Declaration by the Member States concerning the timing of the submission of a

proposal for a Regulation on the law applicable to contractual obligations

“The Member States request that the Commission submit, as soon as possible and at the

latest by the end of 2005, a proposal for a Regulation on the law applicable to contractual

obligations.”

Joint Declaration by the Member States on the exchange of information

The Governments of the Kingdom of Belgium, the Czech Republic, the Kingdom of

Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic

Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the

Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy

of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the

Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic,

the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of

Sweden and the United Kingdom of Great Britain and Northern Ireland,

on signing the 2005 Convention on accession to the Convention on the law applicable to

contractual obligations, opened for signature in Rome on 19 June 1980, and to the First

and Second Protocols on interpretation by the Court of Justice of the European

Communities, as amended,

desiring to ensure that the provisions of the First Protocol are applied as effectively and

as uniformly as possible,

declare themselves ready to organise, in cooperation with the Court of Justice of the

European Communities, an exchange of information on judgments which have become

res judicata and have been handed down pursuant to the Convention on the law

applicable to contractual obligations by the courts referred to in Article 2 of the said

Protocol. The exchange of information will comprise

the forwarding to the Court of Justice by the competent national authorities of

judgments handed down by the courts referred to in Article 2(a) of the First

Protocol and significant judgments handed down by the courts referred to in

Article 2(b) of that Protocol,

the classification and the documentary exploitation of these judgments by the

Court of Justice including, as far as necessary, the drawing up of abstracts and

translations, and the publication of judgments of particular importance,

the communication by the Court of Justice of the documentary material to the

competent national authorities of the States parties to the Protocol and to the

Commission and the Council of the European Communities.

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In this Act, unless the context otherwise requires>

Interpretation.

“2005 Accession Convention” means the Convention of the

14 April 2005 on the Accession of the Czech Republic, the Republic

of Estonia, the Republic of Cyprus, the Republic of Latvia, the

Republic of Lithuania, the Republic of Hungary, the Republic of

Malta, the Republic of Poland, the Republic of Slovenia and the

Slovak Republic to the Convention on the law applicable to

contractual obligations opened for signature in Rome on the 19

June 1980 and to the First and Second Protocols thereto on

interpretation by the Court of Justice of the European Communities<

“Contracting State”, in relation to and for the purposes of the

Rome Convention, as having the force of law in Malta, means

those Member States of the European Union that are from time to

time parties to the Rome Convention and which are from time to

time specified by the Minister by an order made under article 4<

“the Minister” means the Minister responsible for justice<

“prescribe” means prescribe by regulations made under this

Act<

“Rome Convention” means the Convention on the law

applicable to contractual obligations opened for signature in Rome

on the 19 June 1980 and the First and Second Protocols thereto on

interpretation by the Court of Justice of the European Communities.

Convention on the law applicable to contractual obligations

(consolidated version)

First Protocol on the interpretation of the 1980 Convention by the Court of Justice

(consolidated version)

Second Protocol conferring on the Court of Justice powers to interpret the 1980

Convention (consolidated version)

CONVENTION

on the law applicable to contractual obligations

opened for signature in Rome on 19 June 1980

PREAMBLE

THE HIGH CONTRACTING PARTIES to the Treaty establishing the European

Economic Community,

ANXIOUS to continue in the field of private international law the work of unification of

law which has already been done within the Community, in particular in the field of

jurisdiction and enforcement of judgments,

WISHING to establish uniform rules concerning the law applicable to contractual

obligations,

HAVE AGREED AS FOLLOWS

TITLE I

SCOPE OF THE CONVENTION

Article 1

Scope of the Convention

1. The rules of this Convention shall apply to contractual obligations in any situation

involving a choice between the laws of different countries.

2. They shall not apply to

(a)

questions involving the status or legal capacity of natural persons, without

prejudice to Article 11;

(b)

contractual obligations relating to

-

wills and succession,

-

rights in property arising out of a matrimonial relationship,

-

rights and duties arising out of a family relationship, parentage, marriage or

affinity, including maintenance obligations in respect of children who are

not legitimate;

(c)

obligations arising under bills of exchange, cheques and promissory notes and

other negotiable instruments to the extent that the obligations under such other

negotiable instruments arise out of their negotiable character;

(d)

arbitration agreements and agreements on the choice of court;

(e)

questions governed by the law of companies and other bodies corporate or

unincorporate such as the creation, by registration or otherwise, legal capacity,

internal organization or winding up of companies and other bodies corporate or

unincorporate and the personal liability of officers and members as such for the

obligations of the company or body;

(f)

the question whether an agent is able to bind a principal, or an organ to bind a

company or body corporate or unincorporate, to a third party;

(g)

the constitution of trusts and the relationship between settlors, trustees and

beneficiaries;

(h)

evidence and procedure, without prejudice to Article 14.

3. The rules of this Convention do not apply to contracts of insurance which cover

risks situated in the territories of the Member States of the European Economic

Community. In order to determine whether a risk is situated in those territories the court

shall apply its internal law.

4. The preceding paragraph does not apply to contracts of re-insurance.

Article 2

Application of law of non-contracting States

Any law specified by this Convention shall be applied whether or not it is the law of a

Contracting State.

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TITLE II

UNIFORM RULES

Article 3

Freedom of choice

1. A contract shall be governed by the law chosen by the parties. The choice must be

expressed or demonstrated with reasonable certainty by the terms of the contract or the

circumstances of the case. By their choice the parties can select the law applicable to the

whole or a part only of the contract.

2. The parties may at any time agree to subject the contract to a law other than that

which previously governed it, whether as a result of an earlier choice under this Article or

of other provisions of this Convention. Any variation by the parties of the law to be

applied made after the conclusion of the contract shall not prejudice its formal validity

under Article 9 or adversely affect the rights of third parties.

3. The fact that the parties have chosen a foreign law, whether or not accompanied

by the choice of a foreign tribunal, shall not, where all the other elements relevant to the

situation at the time of the choice are connected with one country only, prejudice the

application of rules of the law at the country which cannot be derogated from by contract,

hereinafter called ‘mandatory rules’.

4. The existence and validity of the consent of the parties as to the choice of the

applicable law shall be determined in accordance with the provisions of

Articles 8, 9 and 11.

Article 4

Applicable law in the absence of choice

1. To the extent that the law applicable to the contract has not been chosen in

accordance with Article 3, the contract shall be governed by the law of the country with

which it is most closely connected. Nevertheless, a separable part of the contract which

has a closer connection with another country may by way of exception be governed by

the law of that other country.

2. Subject to the provisions of paragraph 5 of this Article, it shall be presumed that

the contract is most closely connected with the country where the party who is to effect

the performance which is characteristic of the contract has, at the time of conclusion of

the contract, his habitual residence, or, in the case of a body corporate or unincorporate,

its central administration. However, if the contract is entered into in the course of that

party’s trade or profession, that country shall be the country in which the principal place

of business is situated or, where under the terms of the contract the performance is to be

effected through a place of business other than the principal place of business, the

country in which that other place of business is situated.

3. Notwithstanding the provisions of paragraph 2 of this Article, to the extent that

the subject matter of the contract is a right in immovable property or a right to use

immovable property it shall be presumed that the contract is most closely connected with

the country where the immovable property is situated.

4. A contract for the carriage of goods shall not be subject to the presumption in

paragraph 2. In such a contract if the country in which, at the time the contract is

concluded, the carrier has his principal place of business is also the country in which the

place of loading or the place of discharge or the principal place of business of the

consignor is situated, it shall be presumed that the contract is most closely connected with

that country. In applying this paragraph single voyage charter-parties and other contracts

the main purpose of which is the carriage of goods shall be treated as contracts for the

carriage of goods.

5. Paragraph 2 shall not apply if the characteristic performance cannot be

determined, and the presumptions in paragraphs 2, 3 and 4 shall be disregarded if it

appears from the circumstances as a whole that the contract is more closely connected

with another country.

Article 5

Certain consumer contracts

1. This Article applies to a contract the object of which is the supply of goods or

services to a person (‘the consumer’) for a purpose which can be regarded as being

outside his trade or profession, or a contract for the provision of credit for that object.

2. Notwithstanding the provisions of Article 3, a choice of law made by the parties

shall not have the result of depriving the consumer of the protection afforded to him by

the mandatory rules of the law of the country in which he has his habitual residence

-

if in that country the conclusion of the contract was preceded by a specific

invitation addressed to him or by advertising, and he had taken in that country all

the steps necessary on his part for the conclusion of the contract, or

-

if the other party or his agent received the consumer’s order in that country, or

-

if the contract is for the sale of goods and the consumer travelled from that

country to another country and there gave his order, provided that the consumer’s

journey was arranged by the seller for the purpose of inducing the consumer to

buy.

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3. Notwithstanding the provisions of Article 4, a contract to which this Article

applies shall, in the absence of choice in accordance with Article 3, be governed by the

law of the country in which the consumer has his habitual residence if it is entered into in

the circumstances described in paragraph 2 of this Article.

4. This Article shall not apply to

(a)

a contract of carriage;

(b)

a contract for the supply of services where the services are to be supplied to the

consumer exclusively in a country other than that in which he has his habitual

residence.

5. Notwithstanding the provisions of paragraph 4, this Article shall apply to a

contract which, for an inclusive price, provides for a combination of travel and

accommodation.

Article 6

Individual employment contracts

1. Notwithstanding the provisions of Article 3, in a contract of employment a choice

of law made by the parties shall not have the result of depriving the employee of the

protection afforded to him by the mandatory rules of the law which would be applicable

under paragraph 2 in the absence of choice.

2. Notwithstanding the provisions of Article 4, a contract of employment shall, in

the absence of choice in accordance with Article 3, be governed

(a)

by the law of the country in which the employee habitually carries out his work in

performance of the contract, even if he is temporarily employed in another

country; or

(b)

if the employee does not habitually carry out his work in any one country, by the

law of the country in which the place of business through which he was engaged

is situated;

unless it appears from the circumstances as a whole that the contract is more closely

connected with another country, in which case the contract shall be governed by the law

of that country.

Article 7

Mandatory rules

1. When applying under this Convention the law of a country, effect may be given to

the mandatory rules of the law of another country with which the situation has a close

connection, if and in so far as, under the law of the latter country, those rules must be

applied whatever the law applicable to the contract. In considering whether to give effect

to these mandatory rules, regard shall be had to their nature and purpose and to the

consequences of their application or non-application.

2. Nothing in this Convention shall restrict the application of the rules of the law of

the forum in a situation where they are mandatory irrespective of the law otherwise

applicable to the contract.

Article 8

Material validity

1. The existence and validity of a contract, or of any term of a contract, shall be

determined by the law which would govern it under this Convention if the contract or

term were valid.

2. Nevertheless a party may rely upon the law of the country in which he has his

habitual residence to establish that he did not consent if it appears from the circumstances

that it would not be reasonable to determine the effect of his conduct in accordance with

the law specified in the preceding paragraph.

Article 9

Formal validity

1. A contract concluded between persons who are in the same country is formally

valid if it satisfies the formal requirements of the law which governs it under this

Convention or of the law of the country where it is

concluded.

2. A contract concluded between persons who are in different countries is formally

valid if it satisfies the formal requirements of the law which governs it under this

Convention or of the law of one of those countries.

3. Where a contract is concluded by an agent, the country in which the agent acts is

the relevant country for the purposes of paragraphs 1 and 2.

4. An act intended to have legal effect relating to an existing or contemplated

contract is formally valid if it satisfies the formal requirements of the law which under

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this Convention governs or would govern the contract or of the law of the country where

the act was done.

5. The provisions of the preceding paragraphs shall not apply to a contract to which

Article 5 applies, concluded in the circumstances described in paragraph 2 of Article 5.

The formal validity of such a contract is governed by the law of the country in which the

consumer has his habitual residence.

6. Notwithstanding paragraphs 1 to 4 of this Article, a contract the subject matter of

which is a right in immovable property or a right to use immovable property shall be

subject to the mandatory requirements of form of the law of the country where the

property is situated if by that law those requirements are imposed irrespective of the

country where the contract is concluded and irrespective of the law governing the

contract.

Article 10

Scope of applicable law

1. The law applicable to a contract by virtue of Articles 3 to 6 and 12 of this

Convention shall govern in particular

(a)

interpretation;

(b)

performance;

(c)

within the limits of the powers conferred on the court by its procedural law, the

consequences of breach, including the assessment of damages in so far as it is

governed by rules of law;

(d)

the various ways of extinguishing obligations, and prescription and limitation of

actions;

(e)

the consequences of nullity of the contract.

2. In relation to the manner of performance and the steps to be taken in the event of

defective performance regard shall be had to the law of the country in which performance

takes place.

Article 11

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 another law only if the other party to the contract was aware of this

incapacity at the time of the conclusion of the contract or was not aware thereof as a

result of negligence.

Article 12

Voluntary assignment

1. The mutual obligations of assignor and assignee under a voluntary assignment of

a right against another person (‘the debtor’) shall be governed by the law which under

this Convention applies to the contract between the assignor and assignee.

2. The law governing the right to which the assignment relates shall determine its

assignability, the relationship between the assignee and the debtor, the conditions under

which the assignment can be invoked against the debtor and any question whether the

debtor’s obligations have been discharged.

Article 13

Subrogation

1. Where a person (‘the creditor’) has a contractual claim upon 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 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 and, if so, whether he may do so in full or only to a limited extent.

2. The same rule applies where several persons are subject to the same contractual

claim and one of them has satisfied the creditor.

Article 14

Burden of proof, etc.

1. The law governing the contract under this Convention applies to the extent that it

contains, in the law of contract, rules which raise presumptions of law or determine the

burden of proof.

2. A contract or an act intended to have legal effect may be proved by any mode of

proof recognized by the law of the forum or by any of the laws referred to in Article 9

under which that contract or act is formally valid, provided that such mode of proof can

be administered by the forum.

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Article 15

Exclusion of renvoi

The application of the law of any country specified by this Convention means the

application of the rules of law in force in that country other than its rules of private

international law.

Article 16

‘Ordre public’

The application of a rule of the law of any country specified by this Convention may be

refused only if such application is manifestly incompatible with the public policy (‘ordre

public’) of the forum.

Article 17

No retrospective effect

This Convention shall apply in a Contracting State to contracts made after the date on

which this Convention has entered into force with respect to that State.

Article 18

Uniform interpretation

In the interpretation and application of the preceding uniform rules, regard shall be had to

their international character and to the desirability of achieving uniformity in their

interpretation and application.

Article 19

States with more than one legal system

1. Where a State comprises several territorial units each of which has its own rules

of law in respect of contractual obligations, each territorial unit shall be considered as a

country for the purposes of identifying the law applicable under this Convention.

2. A State within which different territorial units have their own rules of law in

respect of contractual obligations shall not be bound to apply this Convention to conflicts

solely between the laws of such units.

Article 20

Precedence of Community law

This Convention shall not affect the application of provisions which, in relation to

particular matters, lay down choice of law rules relating to contractual obligations and

which are or will be contained in acts of the institutions of the European Communities or

in national laws harmonized in implementation of such acts.

Article 21

Relationship with other conventions

This Convention shall not prejudice the application of international conventions to which

a Contracting State is, or becomes, a party.

Article 22

Reservations

1. Any Contracting State may, at the time of signature, ratification, acceptance or

approval, reserve the right not to apply

(a)

the provisions of Article 7 (1);

(b)

the provisions of Article 10 (1) (e).

2. (Paragraph deleted by Article 2 (1) of the 1992 Accession Convention)

3. Any Contracting State may at any time withdraw a reservation which it has made;

the reservation shall cease to have effect on the first day of the third calendar month after

notification of the withdrawal.

TITLE III

FINAL PROVISIONS

Article 23

1. If, after the date on which this Convention has entered into force for a Contracting

State, that State wishes to adopt any new choice of law rule in regard to any particular

category of contract within the scope of this Convention, it shall communicate its

intention to the other signatory States through the Secretary-General of the Council of the

European Communities.

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2. Any signatory State may, within six months from the date of the communication

made to the Secretary-General, request him to arrange consultations between signatory

States in order to reach agreement.

3. If no signatory State has requested consultations within this period or if within

two years following the communication made to the Secretary-General no agreement is

reached in the course of consultations, the Contracting State concerned may amend its

law in the manner indicated. The measures taken by that State shall be brought to the

knowledge of the other signatory States through the Secretary-General of the Council of

the European Communities.

Article 24

1. If, after the date on which this Convention has entered into force with respect to a

Contracting State, that State wishes to become a party to a multilateral convention whose

principal aim or one of whose principal aims is to lay down rules of private international

law concerning any of the matters governed by this Convention, the procedure set out in

Article 23 shall apply. However, the period of two years, referred to in paragraph 3 of

that Article, shall be reduced to one year.

2. The procedure referred to in the preceding paragraph need not be followed if a

Contracting State or one of the European Communities is already a party to the

multilateral convention, or if its object is to revise a convention to which the State

concerned is already a party, or if it is a convention concluded within the framework of

the Treaties establishing the European Communities.

Article 25

If a Contracting State considers that the unification achieved by this Convention is

prejudiced by the conclusion of agreements not covered by Article 24 (1), that State may

request the Secretary-General of the Council of the European Communities to arrange

consultations between the signatory States of this Convention.

Article 26

Any Contracting State may request the revision of this Convention. In this event a

revision conference shall be convened by the President of the Council of the European

Communities.

Article 27

(Paragraph deleted by Article 2 (1) of the 1992 Accession Convention)

Article 28

1. This Convention shall be open from 19 June 1980 for signature by the States party

to the Treaty establishing the European Economic Community.

2. This Convention shall be subject to ratification, acceptance or approval by the

signatory States. The instruments of ratification, acceptance or approval shall be

deposited with the Secretary-General of the Council of the European Communities.

Article 29

1. This Convention shall enter into force on the first day of the third month

following the deposit of the seventh instrument of ratification, acceptance or

approval.

2. This Convention shall enter into force for each signatory State ratifying, accepting

or approving at a later date on the first day of the third month following the deposit of its

instrument of ratification, acceptance or approval.

Article 30

1. This Convention shall remain in force for 10 years from the date of its entry into

force in accordance with Article 29 (1), even for States for which it enters into force at a

later date.

2. If there has been no denunciation it shall be renewed tacitly every five years.

3. A Contracting State which wishes to denounce shall, not less than six months

before the expiration of the period of 10 or five years, as the case may be, give notice to

the Secretary-General of the Council of the European Communities. Denunciation may

be limited to any territory to which the Convention has been extended by a declaration

under Article 27 (2).

4. The denunciation shall have effect only in relation to the State which has notified

it. The Convention will remain in force as between all other Contracting States.

Article 31

The Secretary-General of the Council of the European Communities shall notify the

States party to the Treaty establishing the European Economic Community of

(a)

the signatures;

(b)

deposit of each instrument of ratification, acceptance or approval;

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(c)

the date of entry into force of this Convention;

(d)

communications made in pursuance of Articles 23, 24, 25, 26 and 30;

(e)

the reservations and withdrawals of reservations referred to in Article 22.

Article 32

The Protocol annexed to this Convention shall form an integral part thereof.

Article 33

This Convention, drawn up in a single original in the Danish, Dutch, English, French,

German, Irish and Italian languages, these texts being equally authentic, shall be

deposited in the archives of the Secretariat of the Council of the European Communities.

The Secretary-General shall transmit a certified copy thereof to the Government of each

signatory State.

In witness whereof the undersigned, being duly authorized thereto, having signed this

Convention.

Done at Rome on the nineteenth day of June in the year one thousand nine hundred and

eighty.

(Signatures of the plenipotentiaries)

PROTOCOL

The High Contracting Parties have agreed upon the following provision which shall be

annexed to the Convention

‘Notwithstanding the provisions of the Convention, Denmark, Sweden and Finland may

retain national provisions concerning the law applicable to questions relating to the

carriage of goods by sea and may amend such provisions without following the procedure

provided for in Article 23 of the Convention of Rome. The national provisions applicable

in this respect are the following

-

in Denmark, paragraphs 252 and 321 (3) and (4) of the “Solov” (maritime law),

-

in Sweden, Chapter 13, Article 2 (1) and (2), and Chapter 14, Article 1 (3), of

“sjölagen” (maritime law),

-

in Finland, Chapter 13, Article 2 (1) and (2), and Chapter 14, Article 1 (3), of

“merilaki”/“sjölagen” (maritime law).’

In witness whereof the undersigned, being duly authorized thereto, have signed this

Protocol.

Done at Rome on the nineteenth day of June in the year one thousand nine hundred and

eighty.

(Signatures of the Plenipotentiaries)

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JOINT DECLARATION

At the time of the signature of the Convention on the law applicable to contractual

obligations, the Governments of the Kingdom of Belgium, the Kingdom of Denmark, the

Federal Republic of Germany, the French Republic, Ireland, the Italian Republic, the

Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom

of Great Britain and Northern Ireland,

anxious to avoid, as far as possible, dispersion of choice of law rules among

several instruments and differences between these rules, express the wish that the

institutions of the European Communities, in the exercise of their powers under

the Treaties by which they were established, will, where the need arises,

endeavour to adopt choice of law rules which are as far as possible consistent with

those of this Convention;

declare their intention as from the date of signature of this Convention until

becoming bound by Article 24, to consult with each other if any one of the

signatory States wishes to become a party to any convention to which the

procedure referred to in Article 24 would apply;

having regard to the contribution of the Convention on the law applicable to

contractual obligations to the unification of choice of law rules within the

European Communities, express the view that any State which becomes a member

of the European Communities should accede to this Convention.

In witness whereof the undersigned, being duly authorized thereto, have signed this Joint

Declaration.

Done at Rome on the nineteenth day of June in the year one thousand nine hundred and

eighty.

(Signatures of the Plenipotentiaries)

JOINT DECLARATION

The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal

Republic of Germany, the French Republic, Ireland, the Italian Republic, the Grand

Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom of

Great Britain and Northern Ireland,

On signing the Convention on the law applicable to contractual obligations;

Desiring to ensure that the Convention is applied as effectively as possible;

Anxious to prevent differences of interpretation of the Convention from impairing its

unifying effect;

Declare themselves ready

1. to examine the possibility of conferring jurisdiction in certain matters on the

Court of Justice of the European Communities and, if necessary, to negotiate an

agreement to this effect;

2. to arrange meetings at regular intervals between their representatives.

In witness whereof the undersigned, being duly authorized thereto, have signed this Joint

Declaration.

Done at Rome on the nineteenth day of June in the year one thousand nine hundred and

eighty.

(Signatures of the Plenipotentiaries)

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FIRST PROTOCOL

on the interpretation by the Court of Justice of the European Communities of the

Convention on the law applicable to contractual obligations, opened for signature in

Rome on 19 June 1980

THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE

EUROPEAN ECONOMIC COMMUNITY,

HAVING REGARD to the Joint Declaration annexed to the Convention on the law

applicable to contractual obligations, opened for signature in Rome on 19 June 1980,

HAVE DECIDED to conclude a Protocol conferring jurisdiction on the Court of Justice

of the European Communities to interpret that Convention, and to this end have

designated as their Plenipotentiaries

(Plenipotentiaries designated by the Member States)

WHO, meeting within the Council of the European Communities, having exchanged their

full powers, found in good and due form,

HAVE AGREED AS FOLLOWS

Article 1

The Court of Justice of the European Communities shall have jurisdiction to give rulings

on the interpretation of

(a)

the Convention on the law applicable to contractual obligations, opened for

signature in Rome on 19 June 1980, hereinafter referred to as ‘the Rome

Convention’;

(b)

the Convention on accession to the Rome Convention by the States which have

become Members of the European Communities since the date on which it was

opened for signature;

(c)

this Protocol.

Article 2

Any of the courts referred to below may request the Court of Justice to give a preliminary

ruling on a question raised in a case pending before it and concerning interpretation of the

provisions contained in the instruments referred to in Article 1 if that court considers that

a decision on the question is necessary to enable it to give judgment

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- in the United Kingdom

the House of Lords and other courts from which no further appeal is possible;

(b)

the courts of the Contracting States when acting as appeal courts.

Article 3

1. The competent authority of a Contracting State may request the Court of Justice

to give a ruling on a question of interpretation of the provisions contained in the

instruments referred to in Article 1 if judgments given by courts of that State conflict

with the interpretation given either by the Court of Justice or in a judgment of one of the

courts of another Contracting State referred to in Article 2. The provisions of this

paragraph shall apply only to judgments which have become res judicata.

2. The interpretation given by the Court of Justice in response to such a request shall

not affect the judgments which gave rise to the request for interpretation.

3. The Procurators-General of the Supreme Courts of Appeal of the Contracting

States, or any other authority designated by a Contracting State, shall be entitled to

request the Court of Justice for a ruling on interpretation in accordance with paragraph 1.

4. The Registrar of the Court of Justice shall give notice of the request to the

Contracting States, to the Commission and to the Council of the European Communities;

they shall then be entitled within two months of the notification to submit statements of

case or written observations to the Court.

5. No fees shall be levied or any costs or expenses awarded in respect of the

proceedings provided for in this Article.

Article 4

1. Except where this Protocol otherwise provides, the provisions of the Treaty

establishing the European Economic Community and those of the Protocol on the Statute

of the Court of Justice annexed thereto, which are applicable when the Court is requested

to give a preliminary ruling, shall also apply to any proceedings for the interpretation of

the instruments referred to in Article 1.

2. The Rules of Procedure of the Court of Justice shall, if necessary, be adjusted and

supplemented in accordance with Article 188 of the Treaty establishing the European

Economic Community.

Article 5

This Protocol shall be subject to ratification by the Signatory States. The instruments of

ratification shall be deposited with the Secretary-General of the Council of the European

Communities.

Article 6

1. To enter into force, this Protocol must be ratified by seven States in respect of

which the Rome Convention is in force. This Protocol shall enter into force on the first

day of the third month following the deposit of the instrument of ratification by the last

such State to take this step. If, however, the Second Protocol conferring on the Court of

Justice of the European Communities certain powers to interpret the Convention on the

law applicable to contractual obligations, opened for signature in Rome on 19 June 1980,

concluded in Brussels on 19 December 1988 enters into force on a later date, this

Protocol shall enter into force on the date of entry into force of the Second Protocol.

2. Any ratification subsequent to the entry into force of this Protocol shall take effect

on the first day of the third month following the deposit of the instrument of ratification,

provided that the ratification, acceptance or approval of the Rome Convention by the

State in question has become effective.

Article 7

The Secretary-General of the Council of the European Communities shall notify the

Signatory States of

(a)

the deposit of each instrument of ratification;

(b)

the date of entry into force of this Protocol;

(c)

any designation communicated pursuant to Article 3 (3);

(d)

any communication made pursuant to Article 8.

Article 8

The Contracting States shall communicate to the Secretary-General of the Council of the

European Communities the texts of any provisions of their laws which necessitate an

amendment to the list of courts in Article 2 (a).

Article 9

This Protocol shall have effect for as long as the Rome Convention remains in force

under the conditions laid down in Article 30 of that Convention.

Article 10

Any Contracting State may request the revision of this Protocol. In this event, a revision

conference shall be convened by the President of the Council of the European

Communities.

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Article 11

This Protocol, drawn up in a single original in the Danish, Dutch, English, French,

German, Greek, Irish, Italian, Portuguese and Spanish languages, all 10 texts being

equally authentic, shall be deposited in the archives of the General Secretariat of the

Council of the European Communities. The Secretary-General shall transmit a certified

copy to the Government of each Signatory State.

In witness whereof, the undersigned Plenipotentiaries have affixed their signatures below

this Protocol.

Done at Brussels on the nineteenth day of December in the year one thousand nine

hundred and eighty-eight.

(Signatures of the Plenipotentiaries)

JOINT DECLARATIONS

Joint Declaration

The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal

Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French

Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom

of the Netherlands, the Portuguese Republic and the United Kingdom of Great Britain

and Northern Ireland,

On signing the First Protocol on the interpretation by the Court of Justice of the European

Communities of the Convention on the law applicable to contractual obligations, opened

for signature in Rome on 19 June 1980,

Desiring to ensure that the Convention is applied as effectively and as uniformly as

possible,

Declare themselves ready to organize, in cooperation with the Court of Justice of the

European Communities, an exchange of information on judgments which have become

res judicata and have been handed down pursuant to the Convention on the law

applicable to contractual obligations by the courts referred to in Article 2 of the said

Protocol. The exchange of information will comprise

-

the forwarding to the Court of Justice by the competent national authorities of

judgments handed down by the courts referred to in Article 2 (a) and significant

judgments handed down by the courts referred to in Article 2 (b),

-

the classification and the documentary exploitation of these judgments by the Court

of Justice including, as far as necessary, the drawing up of abstracts and

translations, and the publication of judgments of particular importance,

-

the communication by the Court of Justice of the documentary material to the

competent national authorities of the States parties to the Protocol and to the

Commission and the Council of the European Communities.

In witness whereof, the undersigned Plenipotentiaries have affixed their signature below

this Joint Declaration.

Done at Brussels on the nineteenth day of December in the year one thousand nine

hundred and eighty-eight.

(Signatures of the Plenipotentiaries)

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Joint Declaration

The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal

Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French

Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom

of the Netherlands, the Portuguese Republic and the United Kingdom of Great Britain

and Northern Ireland,

On signing the First Protocol on the interpretation by the Court of Justice of the European

Communities of the Convention on the law applicable to contractual obligations, opened

for signature in Rome on 19 June 1980,

Having regard to the Joint Declaration annexed to the Convention on the law applicable

to contractual obligations,

Desiring to ensure that the Convention is applied as effectively and as uniformly as

possible,

Anxious to prevent differences of interpretation of the Convention from impairing its

unifying effect,

Express the view that any State which becomes a member of the European Communities

should accede to this Protocol.

In witness whereof, the undersigned Plenipotentiaries have affixed their signatures below

this Joint Declaration.

Done at Brussels on the nineteenth day of December in the year one thousand nine

hundred and eighty-eight.

(Signatures of the Plenipotentiaries)

SECOND PROTOCOL

conferring on the Court of Justice of the European Communities certain powers to

interpret the Convention on the law applicable to contractual obligations; opened

for signature in Rome on 19 June 1980

THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE

EUROPEAN ECONOMIC COMMUNITY,

WHEREAS the Convention on the law applicable to contractual obligations, opened for

signature in Rome on 19 June 1980, hereinafter referred to as ‘the Rome Convention’,

will enter into force after the deposit of the seventh instrument of ratification, acceptance

or approval;

WHEREAS the uniform application of the rules laid down in the Rome Convention

requires that machinery to ensure uniform interpretation be set up and whereas to that end

appropriate powers should be conferred upon the Court of Justice of the European

Communities, even before the Rome Convention enters into force with respect to all the

Member States of the European Economic Community,

HAVE DECIDED to conclude this Protocol and to this end have designated as their

Plenipotentiaries

(Plenipotentiaries designated by the Member States)

WHO, meeting within the Council of the European Communities, having exchanged their

full powers; found in good and due form,

HAVE AGREED AS FOLLOWS

Article 1

1. The Court of Justice of the European Communities shall, with respect to the

Rome Convention, have the jurisdiction conferred upon it by the First Protocol on the

interpretation by the Court of Justice of the European Communities of the Convention on

the law applicable to contractual obligations, opened for signature in Rome on 19 June

1980, concluded in Brussels on 19 December 1988. The Protocol on the Statute of the

Court of Justice of the European Communities and the Rules of Procedure of the Court of

Justice shall apply.

2. The Rules of Procedure of the Court of Justice shall be adapted and supplemented

as necessary in accordance with Article 188 of the Treaty establishing the European

Economic Community.

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Article 2

This Protocol shall be subject to ratification by the Signatory States. The instruments of

ratification shall be deposited with the Secretary-General of the Council of the European

Communities.

Article 3

This Protocol shall enter into force on the first day of the third month following the

deposit of the instrument of ratification of the last Signatory State to complete that

formality.

Article 4

This Protocol, drawn up in a single original in the Danish, Dutch, English, French,

German, Greek, Irish, Italian, Portuguese and Spanish languages, all 10 texts being

equally authentic, shall be deposited in the archives of the General Secretariat of the

Council of the European Communities. The Secretary-General shall transmit a certified

copy to the Government of each signatory.

In witness whereof, the undersigned Plenipotentiaries have affixed their signature below

this Protocol.

Done at Brussels on the nineteenth day of December in the year one thousand nine

hundred and eighty-eight.

(Signatures of the Plenipotentiaries)

Passed by the House of Representatives at Sitting No. 371 of the 28th March,

2006. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

The Government of Malta is hereby authorised to ratify the

2005 Accession Convention.

(1) The Minister may, by order in the Gazette, from time to

time specify the Contracting States, other than Malta, for the purposes

of the Rome Convention.

(2) Such order shall specify the date of coming into force

of the Rome Convention, as between Malta and any State specified in

the order.

(1) The Rome Convention shall, subject to the provisions of

this Act, have force of law in Malta as from such date as the Minister

may prescribe.

(2) The 2005 Accession Convention and the Rome

Convention shall be included in the First and Second Schedules

respectively of this Act and the said schedules may from time to time

be amended as may be prescribed by the Minister for the purpose of

being kept updated with the official text of the said Conventions as

appearing in the Official Journal of the European Union.

The Minister may make regulations prescribing anything that

in virtue of this Act is required to be or may be prescribed and generally

for carrying out the provisions of this Act and for doing anything that

may be required for the purpose of satisfying the obligations of Malta

under the Rome Convention.

The European Union Act shall be amended as follows>–

(a) in article 2 thereof, immediately before the definition

“the Communities”, there shall be added the following definition>

“acts adopted by the European Union” include

regulations, directives, and other acts which Malta is bound

to accede to as a Member State of the European Union, treaties

and international conventions which Malta may accede to by

virtue of its membership within the European Union, and

treaties and international conventions which Malta is bound

to ratify in its own name or on behalf of the European

Community by virtue of its membership within the European

Union<”< and

(b) in sub-article (2) of article 4 thereof, for the words “or

rights as aforesaid.” there shall be substituted the words “or rights

as aforesaid>

Provided that with regard to treaties and international

conventions which Malta may accede to as Member State of the

European Union, and treaties and international conventions which

Malta is bound to ratify in its own name or on behalf of the

European Community by virtue of its membership within the

European Union, these shall come into force one month following

their being submitted in order to be discussed by the Standing

Committee on Foreign and European Affairs.”.

PART II

This Part amends and shall be read and construed as one with Amendment to the

Land Acquisition

the Land Acquisition (Public Purposes) Ordinance, hereinafter in this (Public Purposes)

Part referred to as “the principal Ordinance”.

Ordinance, Cap. 88.

Immediately following the proviso to sub-article (3) of article Amendment of

article 12 of the

12 of the principal Ordinance, there shall be added the following new principal Ordinance.

proviso>

“Provided also that when a Notice to Treat has been issued

and the person entitled to compensation elected not to accept the

per annum shall accrue on the value of the land in accordance

with Schedule 3, and for the period indicated in that Schedule, in

favour of any person having a right of compensation in respect of

any land acquired by absolute purchase thereof under this

Ordinance.”.

In the Maltese text, in the second proviso of sub-article (3)

of article 22 of the principal Ordinance, the word “qlieg[” wherever it

appears in this proviso shall be deleted and substituted by the word

“d[ul”.

In Schedule 2 of the principal Ordinance, for the formula

A-B

C

x

x

there shall be substituted the formula

A+B

C

x

x

Immediately after Schedule 2 to the principal Ordinance, there

shall be added the following new Schedule>

“SCHEDULE 3

Article 12 (3)

second proviso

P+Q

R

x

x

where “P” is the value of land determined in the Notice to

Treat<

“Q” is the value of the land determined by the Land Arbitration

Board<

“R” is the number of days between the date of taking of

possession of the land by the competent authority, and the date of

transfer by title of absolute purchase in favour of the Government

of Malta.”.

PART III

This Part amends and shall be read and construed as one Amendment to the

Judicial Actions

with the Judicial Actions (Various Measures) Act, 2005, hereinafter in (Various Measures)

this Part referred to as “the principal Act”, and it shall be considered to Act, 2006.

have come into force on the 16th January, 2006.

Immediately after article 76 of the principal Act, there shall Addition of new

article to the

be added the following new article>

principal Act.

“Interpretation

76A. (1) Where, according to the provision of any

of Laws, etc.

law, any judicial proceeding is to be commenced by writ of

summons it shall, notwithstanding the provisions of the said

law or of any other law, be permissible to commence the said

judicial proceeding by means of a sworn application and the

said sworn application shall, as from the 16th January, 2006,

be deemed to fully satisfy the requirements of any law

whereby a procedure by writ of summons is stipulated.

(2) The Minister responsible for justice may, by

regulations, amend the provisions of any law for the purpose

of providing that any judicial procedure to be commenced by

writ of summons shall be commenced by sworn application.”.

PART IV

This Part amends and shall be read and construed as one Amendment to the

Commissioners for

with the Commissioners for Oaths Ordinance, hereinafter in this Part Oaths Ordinance,

referred to as “the principal Ordinance”.

In the proviso to article 4 of the principal Ordinance, the Amendment of

article 4 of the

words “or legal procurators” shall be deleted.”.

principal Ordinance.

PART V

This Part amends and shall be read and construed as one Amendment to the

Legal Procedures

with the Legal Procedures (Ratification of Conventions) Act, hereinafter (Ratification of

Conventions) Act,

in this Part referred to as “the principal Act”.

Article 2 of the principal Act shall be amended as follows>

Amendment of

article 2 of the

principal Act.

(a) the definition of “the Lugano Convention of 1988” shall

be deleted< and

(b) in the definition of “Conventions”, the words “and the

Lugano Convention of 1988,” shall be deleted.

In subarticle (1) of article 4 of the principal Act, the words

“other than the Lugano Convention of 1988,” shall be deleted.

Part V, together with articles 29 to 40 (both inclusive) which

occur immediately after article 28 of the principal Act, shall be deleted.

Part D of the First Schedule to the principal Act shall be

21. deleted.

It-Taqsima D ta’ l-Ewwel Skeda ta’ l-Att prinçipali g[andha

tit[assar.

Paragraphs 3 and 4 of the Fifth Schedule to the principal Act

shall be deleted.

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