‘When in Rome, Do as the Romans Do?’ – A Defense of the Lex Domicilii Communis in the Rome-II-Regulation
The European Legal Forum, Issue 4, p. 152 - 159, 2007
Posted: 22 Jun 2017
Date Written: 2007
On 15 May 2007 the European Parliament and the Council, meeting in the Conciliation Committee, eventually approved the final version of the Regulation of the European Parliament and the Council on the Law Applicable to Non-Contractual Obligations (“Rome-II”). The purpose of the Regulation is to unify the choice-of-law rules in the European Community’s Member States on non-contractual obligations. Following its adoption, the Regulation will be applicable in the Member States’ courts from the beginning of 2009. The lawmaking process of the Regulation formally started on 22 July 2003, when the Commission of the European Community submitted a draft proposal. Initial public consultation and discussion brought up criticism and numerous suggestions to alter and amend the draft. In addition, the European Parliament’s Committee on Legal Affairs, the Parliament itself, the European Economic and Social Committee, the Council, and the Commission presented several alternative drafts and amendments trying to compromise on the contentious topics and to adapt the Regulation’s provisions to the interests involved and to the practical needs. The discussion inter alia unearthed disputes concerning media violations of privacy, unfair competition or traffic accidents to name but a few. Moreover, one critique by commentators concerned the implementation of the lex domicilii communis or the common residence rule in the general rule for tort conflicts of Article 3(2) of the initial proposal and its final version of Article 4(2). Being more doctrinal than based on political interests, this criticism has not been extensively discussed in the formation process of the Regulation. Nevertheless, the arguments brought up against an application of the common residence rule warrant consideration.
Keywords: Choice of Law, Conflicts Law, Lex Domicilii Communis, Rome II Regulation, Neumeier Rules, Comparative Law
JEL Classification: K13, K22, K33
Suggested Citation: Suggested Citation