(Reference for a preliminary ruling– Judicial cooperation in civil matters– Law applicable to contractual obligations– Regulation (EC) No593/2008

3Recital7 of the Rome I Regulation states:

‘The substantive scope and the provisions of this Regulation should be consistent with Council Regulation (EC) No44/2001 of 22December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [(OJ 2001 L12, p.1)] (Brussels I) and Regulation (EC) No864/2007 of the European Parliament and of the Council of 11July 2007 on the law applicable to non-contractual obligations [(Rome II) (OJ 2007 L199, p.40].’

4Under Article6 of the Rome I Regulation, entitled ‘Consumer Contracts’:

‘1.Without prejudice to Articles5 and 7, a contract concluded by a natural person for a purpose which can be regarded as being outside his trade or profession (the consumer) with another person acting in the exercise of his trade or profession (the professional) shall be governed by the law of the country where the consumer has his habitual residence, provided that the professional:

(a)pursues his commercial or professional activities in the country where the consumer has his habitual residence, or

(b)by any means, directs such activities to that country or to several countries including that country,

and the contract falls within the scope of such activities.

2.Notwithstanding paragraph1, the parties may choose the law applicable to a contract which fulfils the requirements of paragraph1, in accordance with Article3. Such a choice may not, however, have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable on the basis of paragraph1.

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4.Paragraphs1 and 2 shall not apply to:

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(c)a contract relating to a right in rem in immovable property or a tenancy of immovable property other than a contract relating to the right to use immovable properties on a timeshare basis within the meaning of Directive 94/47/EC [of the European Parliament and the Council of 26October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis (OJ 1994 L280, p.83];

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