Introduction

The draft Regulation No. 864/2007 of the European Parliament and Council Regulation on the law applicable to non-contractual obligations (“Rome II”) was presented by the European Commission on July 22, 2003. It was supplemented on February 21, 2006. Adopted on July 11, 2007 the Regulation supplemented the Rome Convention, which governs the conflicts of the law applicable to contractual obligations. Regulation No. 864/2004 is used to resolve a conflict of law applicable to non-contractual obligations. The preamble to the Regulation states that the law of the Member States defines the concept of different non-contractual obligations. For this reason, in the preamble to the Regulation it was stated that non-contractual obligation should be understood as an autonomous concept. In Article 2, paragraph 1 of the Regulation it is evident that the concept of non-contractual obligations concerns any legal consequences arising from tort, unjust enrichment, conduct gestio or culpa in contrahendo. The Regulation applies not only to damages resulting from the events referred to in Article 2, paragraph 1, but also to non-contractual obligations, which are likely to result in damages (Article 2, paragraph 2). paragraph 1 states that the Regulation be applicable to non-contractual obligations in civil and commercial matters related to the law of different countries. It does not apply it to taxes, customs or administrative matters or state liability for acts and omissions in the exercise of public authority (acta jure imperii).