Rome II—application and interpretation
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
  • 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
  • Denmark's position
  • Countries which joined the EU after 20 August 2007
  • Reservations
  • More...

This Practice Note is for use when determining applicable law in respect of events giving rise to damage, where such events occurred on or before IP completion day (31 December 2020 at 11pm).

For guidance on the position where the events giving rise to damage occurred on or after 1 January 2021, see Practice Note: Retained Rome II—application and interpretation.

For guidance on understanding why different regimes are applicable depending on the date on which the harmful event occurred, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Applicable law.

For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?.

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.

Purpose of Rome II

Recital 6 of Regulation (EC) 864/2007, Rome II sets out that the proper functioning of the EU

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