Chapter 14: Torts
INTRODUCTION The Rome II Proposal On 22nd July 2003 the EC Commission presented a Proposal (‘the Rome II Proposal’) for a Regulation of the European Parliament and the Council on the Law Applicable to Non-contractual Obligations.1 The Proposal lays down choice of law rules for torts and restitutionary obligations. It is designed to complement the Rome Convention of 19th June 1980 on the Law Applicable to Contractual Obligations.2 The Proposal is based on the provisions of Title IV of the EC Treaty authorizing the adoption of measures in the field of judicial co-operation in civil matters having cross-border implications, including measures promoting the compatibility of the rules applicable in the Member States concerning the conflict of laws,3 and thus is subject to the co-decision procedure specified by Article 251. Since the United Kingdom and Ireland have elected to participate in the adoption and application of the Rome II Regulation,4 it will apply to all the Member States except Denmark.5 On 6th July 2005 the European Parliament, by way of first reading, adopted a resolution amending the Rome II Proposal and approving the Proposal as Commission doc. COM(2003)427final. On the Rome Convention, see Chapters 12 and 13 above. In the negotiations which led to the adoption of the Rome Convention in 1980 it was until a late stage intended to cover torts and restitution as well as contracts, but eventually the measure was limited to contracts in order to bring the negotiations to a speedier conclusion. It...
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