Consumer Rights Act 2015

2015 CHAPTER 15

Commentary on Sections

Part 2: Unfair Terms

Supplementary provisions

Section 74: Contracts applying law of non-EEA State

345.The parties to a contract may agree that it is to be governed by the law of a particular country. This might be because the trader is based in a country other than the UK. This section provides that the consumer may not be deprived of the protection of this Part, where a contract has a close connection with the UK, even if the contract states that the law of a non-EEA State applies (the EEA is the EU Member States plus Iceland, Liechtenstein and Norway).

346.The Rome I Regulation (Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations)(35), governs which law applies to a consumer contract. See paragraph 27 above for more information on the Rome I Regulation.

347.Section 74 is based on regulation 9 of the UTCCRs, which implements Article 6(2) of the UTCCD; and sections 26 and 27 of the UCTA.

For contracts entered into before 17 December 2009, the Rome Convention applies (Convention 80/934/ECC on the law applicable to contractual obligations opened for signature in Rome on 19 June 1980).

Consumer Rights Act 2015 Explanatory Notes