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29 Apr 2001, USA

Dear Dr. Ecommerce,

In your answer to Silke, topic Brussels II, you say that the document for Rome II will be published in the future. I would like to know if it has yet.

Also, what is the current applicable law on jurisdiction in the EU? Is the decision of Brussels II is the current enforceable law? What about the e-commerce directive? Is it true that at the moment the laws on the matter are conflicting? (According to The New York Times, Europe is trying to fast-track proposed e-commerce rules, April 27,2001)

Thank you so much for your help

Dear MV:

I put your question to E-policy News Editor, and policy wonk, Elina Kaartinen, who answers in detail:

"1. DG Justice and Home Affairs has been preparing a Green Paper on the law applicable in non-contractual obligations (Rome II). The publication of this paper has been postponed until the autumn 2001. However, by autumn they will have most likely also changed the status of the paper and it will be directly a legislative document instead of green paper (in other words, it will become a regulation/directive).

2.The present EU level legislation in force concerning the
jurisdiction and applicable law can be found from
http://europa.eu.int/ISPO/ecommerce/legal/favorite.html (Brussels
Convention/Rome Convention).

The Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters will enter into force 1.3.2002.
Rome II has to go through the normal institutional decision procedure before it enter into force, meaning it is sent to the Council and the European Parliament for decision after it has come out from the Commission. Please note that the Rome II cover only the non contractual situations and thus for the contractual situations the Rome Convention remains valid legislation.

3. The e-commerce directive entered into force June 5, 2000 after being published in the Official Journal. Member States have to implement the directive into their national laws by January 17, 2002. While it is true that some conflicting situations might arise due to the transition period - one has to remember that hierarchy between the different legislative instruments exists and it is the task of the national judges to ensure coherent application of existing laws. However, once the above mentioned instruments are on place there should be no conflict between any of these legislative acts."

Good luck,

Dr. Ecommerce