Contracts (Applicable Law) Act 1990

Section 2

[F1SCHEDULE 3BU.K. THE 1996 ACCESSION CONVENTION

The High Contracting Parties to the Treaty establishing the European Community.

Considering that the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, in becoming Members of the European Union, undertook to accede to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19th June 1980, and to the First and Second Protocols on its interpretation by the Court of Justice,

Have agreed as follows:

TITLE IU.K. General Provisions

ARTICLE IU.K.

The Republic of Austria, the Republic of Finland and the Kingdom of Sweden hereby accede to:

(a)the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19th June 1980, hereinafter referred to as “the Convention of 1980”, as it stands following incorporation of all the adjustments and amendments made thereto by:

• – the Convention signed in Luxembourg on 10th April 1984, hereinafter referred to as “the Convention of 1984”, on the accession of the Hellenic Republic to the Convention on the Law applicable to Contractual Obligations;

• – the Convention signed in Funchal on 18th May 1992, hereinafter referred to as “the Convention of 1992”, on the accession of the Kingdom of Spain and the Portuguese Republic to the Convention on the Law applicable to Contractual Obligations;

(b)the First Protocol, signed on 19th December 1988, hereinafter referred to as “the First Protocol of 1988”, on the interpretation by the Court of Justice of the European Communities of the Convention on the Law applicable to Contractual Obligations;

(c)the Second Protocol, signed on 19th December 1988, hereinafter referred to as “the Second Protocol of 1988”, conferring on the Court of Justice of the European Communities certain powers to interpret the Convention on the Law applicable to Contractual Obligations.

TITLE IIU.K.

Adjustments to the Protocol annexed to the Convention of 1980U.K.

ARTICLE 2U.K.

The Protocol annexed to the Convention of 1980 is hereby replaced by the following: “

Notwithstanding the provisions of the Convention, Denmark, Sweden and Finland may retain national provisions concerning the law applicable to questions relating to the carriage of goods by sea and may amend such provisions without following the procedure provided for in Article 23 of the Convention of Rome. The national provisions applicable in this respect are the following:

• – in Denmark, paragraphs 252 and 321(3) and (4) of the “Sølov” (maritime law);

• – in Sweden, Chapter 13, Article 2(1) and (2), and Chapter 14, Article 1(3), of “sjölagen” (maritime law);

• – in Finland, Chapter 13, Article 2(1) and (2), and Chapter 14, Article 1(3), of “merilaki”/ “sjölagen” (maritime law).”

TITLE IIIU.K. Adjustments to the First Protocol of 1988

ARTICLE 3U.K.

The following indents shall be inserted in Article 2(a) of the First Protocol of 1988:

(a)between the tenth and eleventh indents: “

• – in Austria:

• the Oberste Gerìchtshof, the Verwaltungsgerichtshof and the Verfassungsgerichtshof,”

(b)between the eleventh and twelfth indents: “

• – in Finland:

• Korkein oikeus/högsta domstolen, korkein hallinto-oikeus/högsta förvaltningsdomstolen, markkinatuomioistuin/marknadsdomstolen and työtuomioistuin/arbetsdomstolen,

• – in Sweden:

• Högsta domstolen, Regeringsrätten, Arbetsdomstolen and Marknadsdomstolen,”.

TITLE IVU.K. Final Provisions

ARTICLE 4U.K.

1U.K.The Secretary-General of the Council of the European Union shall transmit a certified copy of the Convention of 1980, the Convention of 1984, the First Protocol of 1988, the Second Protocol of 1988 and the Convention of 1992 in the Danish, Dutch, English, French, German, Greek, Irish, Italian, Spanish and Portuguese languages to the Governments of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden.

2U.K.The text of the Convention of 1980, the Convention of 1984, the First Protocol of 1988, the Second Protocol of 1988 and the Convention of 1992 in the Finnish and Swedish languages shall be authentic under the same conditions as the other texts of the Convention of 1980, the Convention of 1984, the First Protocol of 1988, the Second Protocol of 1988 and the Convention of 1992.

ARTICLE 5U.K.

This Convention shall be ratified by the Signatory States. The instruments of ratification shall be deposited with the Secretary-General of the Council of the European Union.

ARTICLE 6U.K.

1U.K.This Convention shall enter into force, as between the States which have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the Republic of Austria, the Republic of Finland or the Kingdom of Sweden and by one Contracting State which has ratified the Convention on the Law applicable to Contractual Obligations.

2U.K.This Convention shall enter into force for each Contracting State which subsequently ratifies it on the first day of the third month following the deposit of its instrument of ratification.

ARTICLE 7U.K.

The Secretary-General of the Council of the European Union shall notify the Signatory States of:

(a)the deposit of each instrument of ratification;

(b)the dates of entry into force of this Convention for the Contracting States.

ARTICLE 8U.K.

This Convention, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, all twelve texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Union. The Secretary-General shall transmit a certified copy to the Government of each Signatory State.]