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Europe Daily Bulletin No. 9182
Contents Publication in full By article 16 / 48
GENERAL NEWS / (eu) eu/jha council/justice/rome ii

Ministers manage to strike agreement on Rome II

Luxembourg, 28/04/2006 (Agence Europe) - After lengthy debate over technicalities, ministers at the JHA Council were finally able to approve (in qualified majority voting) the draft regulation unveiled by the European Commission in 2003 on the law applying to non-contractual obligations (the Rome II Regulation), despite reservations from different countries. Austrian justice minister Karin Gastinger said she was proud and delighted that political agreement had been reached on the text, adding that agreement had been reached after lively debate. EU Justice, Security and Freedom Commissioner Franco Frattini said that adoption of the regulation was vitally important for EU citizens and economic operators, and if agreement had been postponed, it would have meant opening up a Pandora's box. The regulation aims to ensure that courts in all EU Member States apply the same law in the event of cross-border disputes on non-contractual obligations (see EUROPE 8510). Generally, this will be the law applicable to non-criminal offences in the country where the problem occurred. Only Lithuania and Estonia voted against the final compromise detail put forward by the Austrian Presidency, but virtually all Member States had huge problems with various articles of the text, like Article 25 on international conventions on non-contractual obligations. Several countries, especially Germany, wanted to be able to continue to apply the law established by a series of international conventions. In exceptional circumstances, the Commission will allow Member States to negotiate and sign international agreements with countries outside the EU. Another problem was Article 8b on the right to strike. Sweden felt this article might have a negative impact on labour relations and Swedish courts might be forced to examine whether strikes are legal under other countries' laws. A 'recital' will be added to the text to ensure the interests of trade union representatives and national laws are not jeopardised. Ministers were able to reach agreement without any problems that four years after the regulation comes into force, the Commission will publish a report looking at whether special EU legislation is required on the law applicable to road accidents and libel.

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