Rome II Regulation
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The Rome II Regulation (EC) No [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32007R0864:EN:HTML 864/2007] is a European Union Regulation regarding the conflict of laws on the law applicable to non-contractual obligations. From 11 January 2009, the Rome II Regulation created a harmonised set of rules within the European Union to govern choice of law in civil and commercial matters (subject to certain exclusions, such as the application being manifestly incompatible with the public policy of the forumRome II Regulation, Art. 26) concerning non-contractual obligations. Additionally, in certain circumstances and subject to certain conditions, the parties may choose the law applicable to a non-contractual obligation.Rome II Regulation, Art. 13 Analogous rules were established for contractual obligations by the Rome Convention of 1980. The Rome Convention has, in turn, been replaced by the Rome I Regulation on the law applicable to contractual obligations (Reg. (EC) No. 593/2008). The regulation applies to all EU member states except Denmark.
Background
{{Conflict of laws}}
Initially submitted by the European Commission in July 2003, an amended text was finally adopted on 11 July 2007 and published in the Official Journal on 31 July 2007. It applies to events arising since 11 January 2009. It may apply to obligations arising from events giving rise to damage occurring from an earlier date, 20 August 2007, although the text of the Regulation is unfortunately silent on this point.Rome II Regulation, Arts. 31-32; see Buono, G., [http://conflictoflaws.net/2009/rome-ii-regulation-applicable-in-eu/comment-page-1/#comment-191002/ Rome II Regulation Applicable in EU], published 11 January 2009, accessed 18 September 2022
Contents
The regulation includes specific rules for tort/delict (harm caused by failure to perform a duty) and specific categories of tort/delict,Rome II Regulation, Arts. 4 (general rule), 5 (product liability), 6 (competition), 7 (environmental damage), 8 (IP infringements), 9 (industrial action) unjust enrichment,Rome II Regulation, Art. 10 negotiorum gestioRome II Regulation, Art. 11 (acting as an agent without permission) and culpa in contrahendo (misleading negotiation of a contract).Rome II Regulation, Art. 12
Exclusion of defamation and privacy cases
Because of the difficulty in reaching a consensus on defamation and privacy cases, the regulation excludes these issues, instead directing the Commission to draw up a new regulation by the end of 2008.{{cite journal
|last1=Sakolciová |first1=Sandra
|date=30 June 2021
|title=DEFAMATION ON SOCIAL MEDIA – CHALLENGES OF PRIVATE INTERNATIONAL LAW
|url=https://blr.flaw.uniba.sk/index.php/BLR/article/view/226/183
|journal=Bratislava Law Review
|volume=5 |issue=1
|publisher= |pages= |doi=
|page=126
}} A similar directive was issued in 2012.
{{cite web
|last=Buonaiuti |first=Fabrizio Marongiu
|date=29 June 2022
|title=Jurisdiction Concerning Actions by a Legal Person for Disparaging Statements on the Internet: The Persistence of the Mosaic Approach
|url=https://www.europeanpapers.eu/europeanforum/jurisdiction-concerning-actions-by-legal-person-for-disparaging-statements-on-internet-mosaic-approach
|at=note 49
|website= |location=
|publisher=European Papers - A Journal on Law and Integration
|access-date=2 April 2025
}} A 2023 law, modeled on the anti-SLAPP laws of many American states, protects journalists from harassing lawsuits filed by people they have criticized.
{{cite web
|author=
|date=30 November 2023
|title=Anti-SLAPP: MEPs reach deal with member states to defend critical voice
|url=https://www.europarl.europa.eu/news/en/press-room/20231127IPR15434/anti-slapp-meps-reach-deal-with-member-states-to-defend-critical-voices
|website= |location=
|publisher=European Parliament
|access-date=2 April 2025
}}
United Kingdom
{{As of|2022|September}}, following Brexit, the regulation is retained EU law within the UK, subject to minor amendments.UK Legislation, [https://www.legislation.gov.uk/uksi/2019/834/contents The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019], SI 834/2019, made 29 March 2019, accessed 17 September 2022
See also
- Rome I Regulation (Applicable law in contractual obligations)
- Rome III Regulation (Applicable law in divorce cases)
- Tort (conflict)
- Brussels Regime, governing jurisdiction
Notes
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References
{{EU private international law}}
External links
- [http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1459818518522&uri=CELEX:32007R0864] text adopted.
- [http://ec.europa.eu/prelex/detail_dossier_real.cfm?CL=en&DosId=184392#383447 European Commission tracking page on the proposal]
- [http://eur-lex.europa.eu/LexUriServ/site/en/com/2003/com2003_0427en01.pdf Text initially proposed by the European Commission] (July 2003)
- [http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/ce289/ce28920061128en00680083.pdf Text of Common Position adopted by the Council of Ministers] (September 2006)
- [http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2007-0006+0+DOC+XML+V0//EN&language=EN Amendments proposed by the European Parliament at Second Reading] (January 2007)
- [http://www.europarl.europa.eu/news/expert/infopress_page/008-1942-015-01-03-901-20070112IPR01917-15-01-2007-2007-false/default_en.htm Press Release summarising the European Parliament amendments]
- [http://www.thelawyer.com/cgi-bin/item.cgi?id=123753&d=122&h=24&f=46 Article for the Lawyer magazine, 15 January 2007] by Diana Wallis MEP, rapporteur for the Regulation in the European Parliament.
- [http://www.romeii.eu romeii.eu - Legislative materials and news on the Rome II Regulation]
Category:European Union regulations