The Rome II Regulation: The Law Applicable to Non-Contractual Obligations

The European Commission's 2003 proposal for a Regulation on the law applicable to non-contractual obligations (the so-called "Rome II Regulation") provoked widespread debate.

For some, "Rome II" was an essential part of the area of freedom, security and justice contemplated by the Treaty of Amsterdam. For others, it was neither necessary nor desirable.

Despite opposition, the Regulation was approved by the Council and European Parliament in 2007 and will come into force on 11th January 2009. Practising lawyers will swiftly need to come to terms with the radical changes which it makes to rules of applicable law for torts and other non-contractual obligations (including, for example, claims based on unjust enrichment or equitable wrongdoing).

This work seeks to provide a user-friendly article-by-article commentary to assist in that task. The book also considers related issues, such as the vires of the "Rome II Regulation" and its relationship to other EC instruments creating or affecting rules of private international law.

• Timely commentary on the Rome II Regulation, intended to publish shortly before the Regulation comes into force and seeking to provide a user-friendly article-by-article commentary
• Article-by-article layout provides readers with easy access to, and understanding of, the relationship of the different provisions to each other
• Fully cross-referenced and detailed index allows for ease of navigation
• Coverage of information on drafting history gives assistance in understanding the rules which have yet to be tested judicially
• Written by an experienced practitioner, who had substantial involvement in the consultation process leading to the regulation, offering valuable insight into the background and working of the regulation