Rome I: Commission’s Opinion on the Opting-In by the UK


Following the formal notification of 24 July 2008 by the United Kingdom of its wish to participate in Reg. No 593/2008 (Rome I), the Commission has expressed its opinion – doc. COM 2008(730) fin. of 7 November 2008 – pursuant to the procedure set out in Art. 11a TEC (former Art. 11(3) TEC, which is made applicable to the opting-in procedure, mutatis mutandis, by Art. 4 of the Protocol on the Position of UK and Ireland). Here’s the conclusion:

The Commission welcomes the request from the United Kingdom to accept Regulation 593/2008 which is a central element of the Community acquis in the area of civil justice. It therefore gives a positive opinion on the said participation.

The Regulation should enter into force for the United Kingdom on the day of the notification to the United Kingdom of the Commission’s decision on its request. As in the case of the other Member States, it should apply from 17 December 2009, except for Article 26 which should apply from 17 June 2009.

(Many thanks to Federico Garau, Conflictus Legum blog, for the tip-off)