With the Treaty of Amsterdam entering into force on 1 May 1999 the European Union has obtained legislative competence concerning judicial cooperation in civil matters. This competence includes the power to unify rules on applicable law (Art. 81(1), (2) letter c TFEU). There are already some European instruments based on this competence. All these instruments contain some identical provisions (e.g., ordre public, renvoi, escape clauses, overriding mandatory provisions). The article raises the question whether shared provisions should be taken out of these instruments and put into a new regulation (the so-called Rome ‘0’ Regulation). Such a Rome 0 Regulation could also deal with other aspects which are not yet covered by the existing instruments and which could also be placed in a general part of the rules on applicable law (e.g., qualification, preliminary questions, agency). Before he comes to the overall conclusion the author describes the advantages and disadvantages of such a Rome 0 Regulation. He takes into account not only the different legislative procedures within Article 81 TFEU for family and non-family law projects but also the special position of Denmark, the United Kingdom and Ireland within judicial cooperation in civil matters.

The Brussels I Regulation No 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (hereinafter referred to as the Brussels I Regulation) establishes a judicial area in Europe with uniform rules on jurisdiction and recognition and enforcement of judgments. The Brussels I Regulation is now in force in all EU Member States, including Denmark. On 1 July 2007 a separate Agreement between the European Union and Denmark came into force, in which the Brussels I Regulation is declared applicable in the relationship between Denmark and the other Member States. Bulgaria and Rumania joined the European Union on 1 January 2007 and became bound by the Brussels I Regulation as part of the acquis communautaire.

Since 1 March 2002 the EC Regulation No. 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (hereinafter referred to as the ‘Brussels I’ Regulation) operates in legal practice. On 1 May 2004 the new EU Member States had to accept the ‘Brussels I’ Regulation as acquis communautaire. The Regulation is now in force in all EU Member States, with the exception of Denmark. As mentioned in the previous survey, it is the intention to conclude eventually a convention with Denmark in which the solutions reached under the ‘Brussels I’ Regulation will be laid down. Then the necessary unity in the application of the rules of jurisdiction and of recognition and enforcement will be restored again. According to Article 68 EC the EC Court of Justice can give preliminary rulings on the interpretation of the ‘Brussels I’ Regulation. Although the first questions are put before the ECJ, there is no decision as yet in which the ‘Brussels I’ Regulation has been interpreted. In one decision regarding the interpretation of Article 5(3) Brussels Convention concerning the forum delicti, the ECJ referred to the solutions reached under the same provision in the ‘Brussels I’ Regulation. The Court decided that Article 5(3) Brussels Convention could also be used in case the harmful event might occur.