The ECJ has recently determined the date from which Regulation (EC) No 864/2007 ("Rome II") actually applies to non-contractual disputes.
The question was referred to the ECJ by the High Court in the case of Homawoo v GMF Assurance SA and others to determine whether Rome II applies to a case in which a British man was hit by a car in France in 2007. Please see our previous Law-Now for more information on this case.
The ECJ followed the Advocate General's Opinion and determined that Rome II must be read in conjunction with Article 297 of the Treaty on the Functioning of the European Union ("TFEU") and applies to events giving rise to damage occurring after 11 January 2009.
Therefore, when assessing a claimant's entitlement to
damages, the law of the country where the event took place will
apply to accidents occurring after 11 January 2009. If the accident
has occurred before 11 January 2009, English individuals will be
entitled to damages under English law even if the accident happened
in another EU country.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 28/11/11.
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