Rome I and Rome II in Practice

This book is devoted to the applicable law to contractual and non-contractual obligations in the European Union as applied before the Courts.
Emmanuel Guinchard
book | forthcoming | 1st edition
November 2020 | liv + 670 pp.


ISBN 9781780686714

Publication date: November 2, 2020


This book is devoted to the applicable law to contractual and non-contractual obligations in the European Union. The Rome I and II Regulations provide uniform conflict of laws rule in order to avoid undue forum-shopping. In theory all national courts of EU Member States (excluding Denmark) apply the same rules determining the applicable law. Rome I and II in Practice examines whether the theory has been put into practice and assesses difficulties that may have arisen in the interpretation and application of these Regulations. Such study appears invaluable as the Rome I and II Regulations may be seen as a critical stepping stone towards the construction of a true and far-reaching European Private International Law.

Providing clear and detailed insights into the national case law of most EU Member States, as well as the case-law of the Court of Justice, and followed by a comparative analysis, this book is a valuable resource for practitioners, the judiciary, and academics who are interested in understanding how EU law is applied on national level.

Emmanuel Guinchard is a Senior Lecturer in Law at Northumbria Law School, United Kingdom. His teaching and research focuses on Private International Law, European Union Law, World Trade Organization Law, and Competition Law. He has published widely in the field of European Civil Justice and blogs at

Table of Contents

Table of Contents and Preliminary Pages (p. 0)

Emmanuel Guinchard

Introduction (p. 1)

Emmanuel Guinchard

Questionnaire for the National Reports (p. 5)

Court of Justice of the European Union (p. 11)

Austria and Germany (p. 41)

Belgium (p. 89)

Bulgaria (p. 103)

Croatia (p. 131)

Cyprus (p. 153)

Czech Republic (p. 171)

France (p. 191)

Greece (p. 223)

Hungary (p. 249)

Ireland (p. 267)

Italy (p. 293)

Latvia (p. 349)

Lithuania (p. 387)

Luxembourg (p. 399)

The Netherlands (p. 417)

Poland (p. 445)

Marcin Czepelak

Portugal (p. 465)

Slovakia (p. 485)

Slovenia (p. 527)

Spain (p. 551)

United Kingdom (p. 579)

Conclusion (p. 625)

Emmanuel Guinchard