Cross-border torts in EC courts: A response to the proposed ‘Rome II’ Regulation

Abstract:

On 3 May 2002, the European Commission launched a consultation on its preliminary draft proposal for a Council regulation which aims at harmonising the rules with respect to the law applicable to non-contractual obligations. The consultation closed on 15 September 2002, and the Commission's response is awaited. This note critically examines the Commission's proposal and asks whether a sufficient case has been made out for Community wide legislation in this field, suggesting that the Commission's resources might be better deployed in other directions.

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