Rome II—application and interpretation

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Rome II—application and interpretation
  • The impact of the UK’s departure from the EU
  • Remaining EU Member State courts
  • UK courts
  • Purpose of Rome II
  • Relationship between Rome II and Rome I
  • Relationship between Rome II and the Private International Law (Miscellaneous Provisions) Act 1995
  • When did Rome II come into force?
  • Which countries apply Rome II?
  • UK’s position
  • More...

Rome II—application and interpretation

This Practice Note provides an explanation as to when and why Regulation (EC) 864/2007 on the law applicable to non-contractual obligations, Rome II was introduced. It also sets out the circumstances in which it applies and those in which it does not. This regulation is referenced in this Practice Note as Regulation (EC) 864/2007, Rome II.

For further information on Rome II, see Practice Notes: Rome II—the general rule and displacing the general rule and Rome II—special rules.

The impact of the UK’s departure from the EU

The impact of the UK’s departure from the EU varies depending on whether considering the application of the regulation in either the courts of the remaining EU Member States or the courts of the UK.

Remaining EU Member State courts

There is no impact and the courts will continue to apply the provisions in Rome II.

UK courts

For practitioners considering the use of Rome II in the UK, it is important to be aware of the impact of Brexit. For the regulation to be applied by the courts of England and Wales, when determining the law applicable in respect of events giving rise to damage, such events must have occurred on or prior to IP completion day (31 December 2020 at 11 pm).

For guidance on the position where the events giving rise to damage occurred on or after 1 January 2021,

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