Rome I—consumer contracts (Art 6)
Produced in partnership with James Beeton of 12 King's Bench Walk
Rome I—consumer contracts (Art 6)

The following Dispute Resolution practice note produced in partnership with James Beeton of 12 King's Bench Walk provides comprehensive and up to date legal information covering:

  • Rome I—consumer contracts (Art 6)
  • Definitions
  • Scope
  • Purpose and Interpretation
  • Applicable law
  • Habitual residence
  • Choice of Law
  • Formal Validity
  • Contracts not falling within Article 6(1)
  • Exclusions

This Practice Note is for use when determining applicable law where the contract was entered into on or before 31 December 2020.

For guidance on the position where the contract was entered into on or after 1 January 2021, see Practice Note: Retained Rome I—consumer contracts (Art 6).

For guidance on understanding why different regimes are applicable depending on the date on which the contract was entered into, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Applicable law.

For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?.

This Practice Note considers consumer contracts in Article 6(1) of Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). The Practice Note explains the process by which the applicable law is determined for consumer contracts and the limitations that apply for where the parties wish to make their own choice of law. A consumer contract will be governed by the law of the country in which the consumer has their habitual residence. The Practice Note explains how to determine the habitual residence of the consumer and why the formal validity requirements for

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