Rome II—scope, exclusions and general provisions

Published by a LexisNexis EU Law expert

Practice notes

Rome II—scope, exclusions and general provisions

Published by a LexisNexis EU Law expert

Practice notes

This Practice Note is for use when determining applicable law in respect of events giving rise to damage, where such events occurred on or after 11 January 2009.

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 Rome II.

For guidance on other aspects of Rome II, see Practice Notes: Rome II—the general rule and its displacement, and Rome II—special rules.

When did Rome II come into force?

There was some uncertainty as to the date from which Regulation (EC) 864/2007, Rome II was to be applied.

Article 31 of Regulation (EC) 864/2007, Rome II is headed ‘Application in time’, and provides that ‘This Regulation shall apply to events giving rise to damage which occur after its entry into force.’ The difficulty arose in that no date was specified for when the regulation