Rome II Regulation
Encyclopedia
The Rome II Regulation No 864/2007 is an European Union
Regulation
regarding the conflict of laws
on the law applicable to non-contractual obligations. From 11 January 2009, the Rome II Regulation creates a harmonised
set of rules within the European Union to govern choice of law
in civil and commercial matters (subject to certain exclusions) concerning non-contractual obligations
, including specific rules for tort/delict and specific categories of tort/delict, unjust enrichment, negotiorum gestio and culpa in contrahendo. Additionally, in certain circumstances and subject to certain conditions, the parties may choose the law applicable to a non-contractual obligation. Analogous rules were established for contractual obligations by the Rome Convention
of 1980. The Rome Convention has, in turn, been replaced by the Rome I Regulation
on the law applicable to contractual obligations (Reg. (EC) No. 593/2008).
in July 2003, an amended text was finally adopted on 11 July 2007 and published in the Official Journal on 31 July 2007. It applies from 11 January 2009. It may apply to obligations arising from events giving rise to damage occurring from 20 August 2007, although the text of the Regulation is unfortunately silent on this point.
To accommodate concerns earlier raised by the European Parliament
at Second Reading stage in January 2007, the Commission is mandated to draw up a study by December 2008 on applicable law in defamation and privacy disputes, which have been excluded from the Regulation as a result of the difficulties in agreeing appropriate choice of law rules for these matters. That study has not yet been formally published. This is in addition to their preparing a report within 4 years on the results of practical application of the Regulation, including a specific study of its effects in road traffic accident disputes.
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
Regulation
European Union regulation
A regulation is a legislative act of the European Union that becomes immediately enforceable as law in all member states simultaneously. Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law...
regarding the conflict of laws
Conflict of laws
Conflict of laws is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute...
on the law applicable to non-contractual obligations. From 11 January 2009, the Rome II Regulation creates a harmonised
Harmonisation
Harmonisation may refer to:* In music, the implementation of harmony, usually by using chords, including harmonized scales* Harmonisation of law, the process of establishing common laws and standards across the European Union...
set of rules within the European Union to govern choice of law
Choice of law
Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states, federated states , or provinces...
in civil and commercial matters (subject to certain exclusions) concerning non-contractual obligations
Law of obligations
The law of obligations is one of the component private law elements of the civil system of law. It includes contract law, delict law, quasi-contract law, and quasi-delict law...
, including specific rules for tort/delict and specific categories of tort/delict, unjust enrichment, negotiorum gestio and culpa in contrahendo. Additionally, in certain circumstances and subject to certain conditions, the parties may choose the law applicable to a non-contractual obligation. Analogous rules were established for contractual obligations by the Rome Convention
Rome Convention (contract)
The Convention on the Law Applicable to Contractual Obligations 1980 is a measure in private international law or conflict of laws which aims to create at least a harmonised, if not a unified, choice of law system in contracts within the European Union...
of 1980. The Rome Convention has, in turn, been replaced by the Rome I Regulation
Rome I Regulation
The Rome I Regulation is a regulation which governs the choice of law in the European Union. It is based upon and replaces the Convention on the Law Applicable to Contractual Obligations 1980...
on the law applicable to contractual obligations (Reg. (EC) No. 593/2008).
Background
Initially submitted by the CommissionEuropean Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
in July 2003, an amended text was finally adopted on 11 July 2007 and published in the Official Journal on 31 July 2007. It applies from 11 January 2009. It may apply to obligations arising from events giving rise to damage occurring from 20 August 2007, although the text of the Regulation is unfortunately silent on this point.
To accommodate concerns earlier raised by the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
at Second Reading stage in January 2007, the Commission is mandated to draw up a study by December 2008 on applicable law in defamation and privacy disputes, which have been excluded from the Regulation as a result of the difficulties in agreeing appropriate choice of law rules for these matters. That study has not yet been formally published. This is in addition to their preparing a report within 4 years on the results of practical application of the Regulation, including a specific study of its effects in road traffic accident disputes.
See also
- Rome I RegulationRome I RegulationThe Rome I Regulation is a regulation which governs the choice of law in the European Union. It is based upon and replaces the Convention on the Law Applicable to Contractual Obligations 1980...
- Tort (conflict)Tort (conflict)In conflict of laws, the choice of law rules for tort are intended to select the lex causae by which to determine the nature and scope of the judicial remedy to claim damages for loss or damage suffered.-History:...
- Brussels RegimeBrussels RegimeThe Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union and the European Free Trade Association...
, governing jurisdictionJurisdictionJurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
External links
- Rome II Regulation text adopted.
- European Commission tracking page on the proposal
- Text initially proposed by the European Commission (July 2003)
- Text of Common Position adopted by the Council of Ministers (September 2006)
- Amendments proposed by the European Parliament at Second Reading (January 2007)
- Press Release summarising the European Parliament amendments
- Article for the Lawyer magazine, 15 January 2007 by Diana WallisDiana WallisDiana Paulette Wallis is a British Liberal Democrat politician who is a Member of the European Parliament for Yorkshire and the Humber. Wallis was first elected in 1999 and re-elected in 2004 and in 2009....
MEP, rapporteur for the Regulation in the European Parliament. - romeii.eu - Legislative materials and news on the Rome II Regulation