Edited by Peter Stone and Youseph Farah
Chapter 10: Choice of law for tort claims
In the EU Member States other than Denmark, choice of law in respect of tort claims is now regulated by EC Regulation 864/2007 on the Law Applicable to Non-contractual Obligations, which is usually referred to as the Rome II Regulation. So far the only ruling given by the European Court on the interpretation of the Regulation has concerned its transitional operation. Thus at present it is from case-law at national level that the operation of the Regulation can be ascertained. This chapter will focus on the main rules, applicable to most types of tort, which are specified by Article 4 of the Regulation, as well as the special rules for product liability specified by Article 5, and the exclusion of procedure by Article 1(3). These rules will be examined in the light of the developing case-law thereon. In contrast the particular rules for certain torts (in respect of unfair competition not affecting exclusively the interests of a specific competitor; restriction of competition; environmental damage; infringement of intellectual property; and industrial action) laid down by Articles 6–9, and the exclusion of certain other torts (involving nuclear damage; or arising out of violations of privacy and rights relating to personality, including defamation) from the scope of the Regulation by Article 1(2), will not be examined.
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