Introduction
COUNCIL REGULATION (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (Rome III) sets out conflict of law rules as regards divorce and legal separation.
Regulation Rome III is the result of an enhanced cooperation under the rules the TEU and the TFEU. Since during the course of the negotiations of the Proposal presented by the Commission, it became clear that there were insurmountable difficulties that made unanimity impossible both then and in the near future, a group of member states was authorised to adopt the Regulation with effects only between themselves. Regulation Rome III is therefore only binding in the member states participating in the enhanced cooperation namely in Belgium, Bulgaria, Germany, Spain, France, Italy, Latvia, Lithuania, Luxembourg, Hungary, Malta, Austria, Portugal, Romania and Slovenia and Greece.
