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Thank you, Mike.  I found the Regulation itself in the L Series of the OJ without any difficulty.  What I am looking for is the list of conventions specified in Articles 25 and 26 of the Regulation, as per the below.

As you can see from the wording of Article 26(2) the notifications (at the least of conventions referred to in paragraph 1) should have been published in the Official Journal (C Series, I believe) by no later than 17 December 2009, but I have been unable to find them in the OJ.

Article 25
Relationship with existing international conventions
1. This Regulation shall not prejudice the application of international conventions to which one or more Member States are parties at the time when this Regulation is adopted and which lay down conflict-of-law rules relating to contractual obligations.
2. However, this Regulation shall, as between Member States, take precedence over conventions concluded exclusively between two or more of them in so far as such conventions concern matters governed by this Regulation.
Article 26
List of Conventions
1. By 17 June 2009, Member States shall notify the Commission of the conventions referred to in Article 25(1). After that date, Member States shall notify the Commission of all denunciations of such conventions.
2. Within six months of receipt of the notifications referred to in paragraph 1, the Commission shall publish in the Official Journal of the European Union:
(a) a list of the conventions referred to in paragraph 1;
(b) the denunciations referred to in paragraph 1.

Tom

From: Mike Yared [mailto:[log in to unmask]]
Sent: Wednesday, January 27, 2010 8:19 PM
To: Kimbrough, Tom
Subject: Re: [Int-Law] Finding in the EU Official Journal a "Notice from a Member State" that May or May Not Exist

those?

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32008R0593:en:NOT

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:177:0006:0016:EN:PDF

Mike

________________________________
From: "Kimbrough, Tom" <[log in to unmask]>
To: [log in to unmask]
Sent: Wed, January 27, 2010 5:40:13 PM
Subject: Re: [Int-Law] Finding in the EU Official Journal a "Notice from a Member State" that May or May Not Exist
Thank you, Saskia.   I really appreciate your responding to my query.  I hope that everything’s going great for you these days down in Houston.  Also, I want to thank Monica Ortale for her assistance.

You’re right that the document, if it exists, would likely be in the (C Series section of the) EU Official Journal, probably called a “Notice from a Member State(s)”, as I mentioned in the “research done on this by me so far” portion of my earlier e-mail.

I did previously look at the OJ Index page that you linked in your e-mail, but the difficulty is that I can’t find a way to use the Index since I don’t know the citation/document number of the document (if it exists) that I am looking for.  The OJ does not seem to provide a search mechanism other than finding an OJ document by its citation/document number.  I have this information for the underlying regulation (Regulation (EC) No. 593/2008; Celex  No. 32008R0593; OJ L 177 4.7.2008, p.6-16), but that does not seem to provide any trail to the Notice(s) that I seek (such as in the “Select All Documents Mentioning this Document” link in Eur-Lex) which are described in Articles 25 and 26 of the Regulation.

Since the Notice(s) that I’m looking for (if it/they exist) does not appear to have been published in the OJ C Series, the next logical step would probably be for me to contact the European Commission for help.  Have you ever contacted an EU agency with a legal research inquiry, and, if so, can you recommend someone who might be responsive to my e-mail?  Could anyone else on INT-LAW please make a suggestion in this regard?

Thanks again!

Tom

Tom Kimbrough
Associate Director for Public Services
Underwood Law Library
Dedman School of Law
Southern Methodist University
V:214-768-3978


From: Mehlhorn, Saskia I [mailto:[log in to unmask]]
Sent: Wednesday, January 27, 2010 4:17 PM
To: Kimbrough, Tom
Subject: RE: [Int-Law] Finding in the EU Official Journal a "Notice from a Member State" that May or May Not Exist

Hi Tom,

It should be published in the “Official Journal of the European Union” http://eur-lex.europa.eu/JOIndex.do Unfortunately I couldn’t find a reference anywhere.

I’ll keep looking.

Good Luck!

Saskia


Saskia Mehlhorn
Visiting Foreign and International Law Librarian
University of Houston Law Center
O'Quinn Law Library
12 Law Library
Houston, TX 77204-6054
(713) 743-8969
[log in to unmask]


From: International Law Librarians List (Int-Law) [mailto:[log in to unmask]] On Behalf Of Kimbrough, Tom
Sent: Wednesday, January 27, 2010 10:39 AM
To: [log in to unmask]
Subject: [Int-Law] Finding in the EU Official Journal a "Notice from a Member State" that May or May Not Exist

From: Kimbrough, Tom
Sent: Friday, January 22, 2010 5:53 PM
To: [log in to unmask]
Subject: Finding in the EU Official Journal a "Notice from a Member State" that May or May Not Exist

Dear INT-LAW,

I hope that an experienced EU law researcher can assist me.

The task:  Articles 25 and 26 of the Rome I Regulation (Regulation (EC) No. 593/2008; Celex  No. 32008R0593) provide that member States must send to the European Commission a list of treaties that cover the same subject matter to which those States are party.  The list was to be submitted by June 2009 (under Art. 26 of the Regulation).  I would like to know what States have done so.

Research done on this by me so far:  I believe that the document that I am looking for, if it exists, would be a “Notice from a Member State(s)”, which is a type of document often published in the Official Journal C Series.  I have tried various searches on Eur-Lex, including in the Official Journal database.  My searches have not found any such notifications from member States, but, of course, it’s hard to prove a negative.  It may also be possible that certain EU member States may have provided the required information to the EU Commission without there being a corresponding publication in the Official Journal – if so, is there a way to find such a notification?

If it helps, here is a link to what I found in Eur-Lex:  http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32008R0593:en:NOT
and (from the link above under the heading “Relationship between Documents”, the link to “Select All Documents mentioning this Document”):
http://eur-lex.europa.eu/Result.do?direct=yes〈=en&where=GRP_CITATION:32008R0593&whereihm=Instruments<http://eur-lex.europa.eu/Result.do?direct=yes&lang=en&where=GRP_CITATION:32008R0593&whereihm=Instruments> cited:32008R0593

Any assistance would be greatly appreciated.

Thank you,

Tom Kimbrough
Associate Director for Public Services
SMU Underwood Law Library
Dallas, TX  75275-0354


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