The Commentary takes full account of the European nature of this instrument. The Rome II Regulation (EC) No 864/2007 is a European Union Regulation regarding the conflict of laws on the law applicable to non-contractual obligations. Rome II Regulation: Pocket Commentary - Ebook written by Peter Huber. Ricochet or 'reflective' or 'indirect' losses occur when someone suffers losses as a result of a tort directly causing damage to someone else. Remedies And The Rome II Regulation. This is also reflected by the team of contributors that originates from all over Europe assembling first experts in their countries. The time is therefore ripe for a truly pan-European Commentary on the Rome II Regulation which can give guidance in its interpretation. Product Liability Under The Rome II Regulation. Freedom To Choose The Applicable Law In Tort – Articles 14 And 4(3)Of The Rome II Regulation. The new Rome II Regulation, applicable from 11 January 2009, makes it easier for EU businesses to know which EU member state's law will apply to any non-contractual disputes in which they may have become embroiled. The Commission, following the invitation by the European Parliament and the Council in the frame of Article 30 of the ‘Rome II’ Regulation, will submit, not later than December 2008, a study on the situation in the field of the law applicable to non-contractual obligations arising out of violations of privacy and rights relating to personality. Regulation (EC) No 864/2007 of the European Parliament and of the Council Show full title. Define Rome II Regulation. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II). The court noted that article 2 of the Rome II Regulation provides that “damage shall cover any consequence arising out of tort/delict”. The Rome II Regulation (EC) No 864/2007 is a European Union Regulation regarding the conflict of laws on the law applicable to non-contractual obligations. The Regulation provides many special rules as well as general and special exceptions that are occasionally ambiguous and make the outcome sometimes unpredictable. Download for offline reading, highlight, bookmark or take notes while you read Rome II Regulation: Pocket Commentary. The Rome II Regulation is an EU regulation which serves to harmonise the choice of law rules for non-contractual obligations throughout the EU in most commercial matters. The Rome II Regulation covers disputes arising from non-contractual obligations, including product liability and environmental claims. means Council Regulation (EC) No 864/2007 of 11 July 2007 on the law applicable to non-contractual obligations. 78. The Rome II Regulation was applicable from 11 January 2009, harmonising the choice of law rules that apply to non-contractual obligations (including torts) in the European Union. 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) is a regulation which governs the choice of law in the European Union. A catalogue of objectives 3. 1 Regulation (EC) No. Read this book using Google Play Books app on your PC, android, iOS devices. THE ROME II REGULATION by Th.M. 2 Regulation (EC) No. The main work, The Rome II Regulation: The Law Applicable to Non-Contractual Obligations has become a major reference work to practitioners as it provides the first user-friendly … THE ROME II REGULATION 1 The Rome II regulation is an example of a European Union Regulation that concerns itself with the conflicts of law that are applicable to obligations that are not contractual. The EU Rome II Regulation 1 on the law applicable to torts has been in force for close to five years. If it had, the Rome II Regulation would be inapplicable and German Private International Law would govern. Mr Dickinson writes in The Rome II Regulation at paragraph 4.86: “The reference in Article 4(3) to ‘the tort/delict’ (in the French text, ‘ fait dommageable ‘) should be taken to refer in combination to the event giving rise to the damage and all of the consequences of that … 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Apart from the cases of infringement of intellectual Courts in all EU Member States (with the exception of Denmark) will apply Rome II to proceedings commenced after 11 January 2009. Although Rome II may introduce greater legal certainty within the EU, it is not without its problems. The proposed change to the Rome II Regulation envisions the introduction of a new Article 6a entitled “Business-related human rights claims”. the Rome II Regulation (Regulation (EC) No 864/2007 of the European Parliament and of the Council) shall apply in respect of events giving rise to … Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) It changes the basic rule currently applied by most member states to cross-border disputes – that the applicable law is that of … Postscript 27 November 2017 for the opposite view in the common law (ius non novit curia) see recently [2015] UKEAT 0130_17_1110 Strickland v Kier.. As readers will be aware, the Rome II Regulation on the law applicable to non-contractual obligations, harmonises Member States’ governing law rules on non-contractual obligations (not entirely accurately known in short as ‘tort’). It addressed the issue of 'ricochet' damage in the Rome II Regulation on the law applicable to non-contractual obligations. The Commentary takes full account of the European nature of this instrument. It describes and explains black letter law as represented by the jurisprudence of the Court of Justice of the EU (CJEU) and the Member State courts. Clearly modelled on Article 7 Rome II Regulation relating to environmental damage the proposal allows victims of human rights … KEYWORDS: Rome II Regulation, Public Policy, Lex Fori, Lex Causae. This pack includesThe Rome II Regulation and a brand new updating supplement which brings the main work up to date and incorporates substantive developments since publication of the book in December 2008. Nevertheless, it is concluded that the Rome II Regulation in spite of its flaws, is an acceptable instrument that furthers the harmonization of conflict of laws in Europe. Rome II Regulation doesn’t have a specific rule which applies to the In-ternet, however, many different types of torts occur online, and an effort to adapt the Rome II Regulation rules is indispensable, due to the specific fea-tures of the Internet2. From 17 December 2009, the courts of all EU Member States other than Denmark will apply Rome I, a new EU Regulation, to determine the governing law of contracts entered into on or after that date. In the Rome II Regulation, for example, Article 4(1) refers to “the law of the country in which the damage occurs”, Article 8(1) to “the law of the country for which protection is claimed” and Article 10(1) to “the law that governs that relationship”. And Traffic Accidents. As from January 11th 2009, the Rome II regulation was able to create a … Article 4. The Application Of Multiple Laws Under The Romeii Regulation. The request… Lazar v Allianz, Case C-350/14, was held on 10 December last. The need for uniform choice-of-law rules 3.1 Certainty and predictability 3.2 Justified expectations 3.3 Mutual recognition of judgments 3.4 The proper functioning of the internal market 4. Rome II Regulation: | The |Rome II Regulation| (EC) No 864/2007 is an |European Union| |Regulation| regarding t... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. de Boer* 1. NEW REGULATION “ROME II” by MICHAEL BOGDAN* The conflict-of-laws rules in the new EC Regulation on the Law Applicable to Non-Contractual Obligations (Regulation Rome II), adopted in 2007, are highly relev-ant in the Internet context, but some of them may give rise … The Rome II Regulation 1 determines the applicable law in all civil and commercial actions to which it applies, in all courts of all members of the EU (except Denmark), 2 regardless of the connections of any or all of the parties with non-EU states, and regardless of whether the law identified as the applicable law is the law of an EU state. This is also reflected by the team of contributors that originates from all over Europe assembling first experts in their countries. The need for equitable choice-of-law rules The Recast Brussels Regulation and Rome I and Rome II will continue to apply to these disputes where relevant, as will the relevant Regulations relating to service of documents and the taking of evidence. INTRODUCTION Since the Rome II Regulation is based on an essentially jurisdiction-selecting methodology that is indifferent to substantive policies,1 there is a need for a ‘safety valve’ when the regular Methodological background 2. The Rome II Regulation on the Law Applicable to Non-Contractual Obligations introduces a single choice-of-law regime for tort and other non-contractual obligations. Yet, applying Rome II, the Paris Court of Appeal held that the law applicable to the action was French law because the damage resulted from orders given in France and damage was suffered by a French entity. There are some important changes which will have practical implications for commercial parties. Rome Regulations is an article-by-article ‘German-style’ commentary on the Rome I, II and III Regulations on European Union (EU) conflict of laws. The time is therefore ripe for a truly pan-European Commentary on the Rome II Regulation which can give guidance in its interpretation. 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