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  • Print publication year: 2012
  • Online publication date: September 2014

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”)

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.