ARXO-2026-0450 · Reported
Rome I: which Member State prevails when two Member States impose conflicting compulsory insurance on the same risk?
Point (a) of Article 7(4) gives priority to the law of the Member State imposing the obligation to take out insurance, and point (b) lets each such State require the contract to be governed by its law. The two points do not say which of two such States prevails when their rules conflict.
Consequence
Two courts can each apply their own State's compulsory insurance law to the same policy.
Proposed correction
The Commission's work on the application of the Regulation could say which State prevails.
- Jurisdiction
- European Union — European Union
- Act
- Regulation (EC) No 593/2008 (Rome I)
- Place
- Article 7(4)
- Record
- Question of reading or data
- Class
- Question of reading or data
- Where it arose
- The text of the act
- Arxo's conclusion
- Confirmed
- Official text
- Unchanged at last check
- Last checked
- 2026-10-31
Evidence
Documented search. Quotations are verbatim from the official material; translations are ours and marked.
the law of the Member State imposing the obligation to take out insurance
How to check it without Arxo's tools
- Open Regulation (EC) No 593/2008 (Rome I), Official Journal, English version and find Article 7(4)(a) (English). Compare the text with the quotation above. A copy is kept in this register: 2f33c017cfb9fac3-eng.xhtml (SHA-256
2f33c017cfb9fac3ae950388e1dd1210ea23474c70f7c6a3e653226af586b941, copy of the official file). - The finding holds if the quoted passages read as shown and the comparison gives the result stated at the top of this page. If it does not, write to us with the record ID.
How this finding was made
AI models helped read and compare the texts and review the draft letters.
Responsible institutions
- European Commission, Directorate-General for Justice and Consumers — responsible for the application and review of the two Regulations
Reported to
| Date | Institution | Channel | Reference |
|---|---|---|---|
| 2026-10-31 | European Commission, Directorate-General for Justice and Consumers | Message-ID: <CAH-SH73FPWyY77P16Om9s08YQiSriGYUrqqu8ceX8LXKh_Q5CA@mail.gmail.com> |
Responses
No response recorded.
History
- 2026-10-31Confirmed by Arxo
- 2026-10-31Entered in the register
- 2026-10-31Reported to European Commission, Directorate-General for Justice and Consumers (e-mail)
Cite this record
Arxo Law, Arxo Findings Register, ARXO-2026-0450, https://arxo.io/findings/ARXO-2026-0450/ (status as of 2026-10-31). Data: ARXO-2026-0450.json.