Legal News

European Court: clarifies when Rome II applies (Homawoo v GMF Assurances SA)

Published on: 21 November 2011

Table of contents

  • Court details
  • Facts
  • Date of damage
  • Date Rome II comes into force
  • Date Rome II is applicable
  • Comment

Article summary

Regulation (EC) No 864/2007 known as Rome II provides that the applicable law in cases of tort is that of the country in which the damage occurred. The European Court has confirmed that Rome II should only be applied to events giving rise to damage that occurred after 11 January 2009. It confirmed that the dates on which proceedings were brought or on which a national court was asked to consider the application of Rome II were irrelevant. It is also not necessary to consider the date on which Rome II came into force – the key date set down within it is 11 January 2009.

Popular documents