- Elgar European Law series
Chapter 15: Torts
In litigation relating to torts or restitutionary obligations, choice of the applicable substantive law 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. The Regulation became applicable on 11th January 2009 in the then Member States other than Denmark, and it applies to events giving rise to damage which occur after that date. Thus in the United Kingdom the conflict rules specified by the Regulation have replaced those laid down by Part III of the Private International Law (Miscellaneous Provisions) Act 1995. It also became applicable in Croatia on 1st July 2013. The Rome II Regulation lays down choice-of-law rules for torts and restitutionary obligations. It is designed to complement the EU measures (the Rome Convention 1980 and its successor, the Rome I Regulation) on the law applicable to contractual obligations. The general purposes underlying the harmonisation of choice-of-law rules effected by the Rome II Regulation are disclosed by various recitals. In substance these relate to the achievement of certainty, predictability and uniformity of result, regardless of forum; the achievement of justice in individual cases; and the achievement of a reasonable balance between the interests of the parties involved.
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