Book contents
- Frontmatter
- Contents
- Introductory Comments
- Part I Preliminary Part
- Part II Conflicts of law of individual labour law in the light of the Rome Convention of June 19, 1980 and Regulation of the European Parliament and the Council of the European Communities No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (“Rome I”)
- Part III Conflict of law issues in individual labour law in light of the Regulation (EC) No. 864/2007 of the European Parliament and the Council of the EU (July 11, 2007), concerning law applicable to Non-Contractual Obligations (“Rome II”)
- Introduction
- Chapter 1 Lex loci damni
- Chapter 2 The freedom to elect an appropriate law for non-contractual obligations
- Chapter 3 Conflict rules of substantive labour law relating to specific non-contractual obligations arising from tort
- Part IV Conflicts of law in collective labour law
- Part V Conflicts of law in social security – the coordination of national social security systems of EU Member States according to the regulation of the European Parliament and Council Regulation (EC) No. 883/2004 of April 29, 2004 on the coordination of social security systems
- Part VI International procedural labour law of the European Union
- Selected bibliography
Chapter 1 - Lex loci damni
from Part III - Conflict of law issues in individual labour law in light of the Regulation (EC) No. 864/2007 of the European Parliament and the Council of the EU (July 11, 2007), concerning law applicable to Non-Contractual Obligations (“Rome II”)
Published online by Cambridge University Press: 05 September 2014
- Frontmatter
- Contents
- Introductory Comments
- Part I Preliminary Part
- Part II Conflicts of law of individual labour law in the light of the Rome Convention of June 19, 1980 and Regulation of the European Parliament and the Council of the European Communities No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (“Rome I”)
- Part III Conflict of law issues in individual labour law in light of the Regulation (EC) No. 864/2007 of the European Parliament and the Council of the EU (July 11, 2007), concerning law applicable to Non-Contractual Obligations (“Rome II”)
- Introduction
- Chapter 1 Lex loci damni
- Chapter 2 The freedom to elect an appropriate law for non-contractual obligations
- Chapter 3 Conflict rules of substantive labour law relating to specific non-contractual obligations arising from tort
- Part IV Conflicts of law in collective labour law
- Part V Conflicts of law in social security – the coordination of national social security systems of EU Member States according to the regulation of the European Parliament and Council Regulation (EC) No. 883/2004 of April 29, 2004 on the coordination of social security systems
- Part VI International procedural labour law of the European Union
- Selected bibliography
Summary
The preamble to the Regulation states that the applicable law must be determined on the basis of where the damage occurs, irrespective of the country or countries in which indirect consequences could occur (point 15). The general rule adopted in Article 4, paragraph 1 of the Regulation is regarded as the proper rule for the contractual obligation arising from the tort law of the country where the damage occurred. Lex loci delicti commissi is the basic solution for the obligations in all Member States of the European Union. In the preamble to Regulation No. 864/2007 (point 15) it was found that application of this principle in practice, where the elements of the case are determinanted to various countries, is different. Such a situation leads to uncertainty in the determination of the competent national system of substantive law. Therefore, point 17 of the preamble to the Regulation adopted by the applicable law should be determined on the basis of where the damage occurs, irrespective of the country or countries in which indirect consequences could occur. In the event of injury to persons or damage to property, the country in which the damage occurs should be the country where the damage was caused to person or property. Article 4, paragraph 1 of the Regulation develops these rules and provides that the law is the law of the country in which the damage occurs irrespective of the country in which the event occasioning the injury, and regardless of what country or countries there are indirect consequences of that event.
- Type
- Chapter
- Information
- European Union Private International Labour Law , pp. 156 - 161Publisher: Jagiellonian University PressPrint publication year: 2012