Rome II—special rules
Rome II—special rules

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

  • Rome II—special rules
  • Product liability (Article 5)
  • Unfair competition and acts restricting free competition (Article 6)
  • Acts of unfair competition
  • Acts of unfair competition—affecting a specific competitor
  • Restriction of competition
  • Environmental damage (Article 7)
  • Intellectual Property (IP) rights (Article 8)
  • Derogation from Article 8
  • Industrial action (Article 9)
  • 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—special rules.

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 overview of the special rules which apply to specific types of claim under Regulation (EC) 864/2007 on the law applicable to non-contractual obligations, Rome II. These cover product liability, unfair competition and acts restricting free competition, environmental damage, intellectual property (IP) rights, industrial action, unjust enrichment, negotiorum gestio—essentially agency without authority, culpa in contrahendo—fault in the formation of contract and insurance. See also Practice Notes: Rome II—application and interpretation and Rome II—the general rule and displacing the general rule.

The aids referred to in interpreting the Articles are:

  1. judgments of the Court of

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