An advertising industry group says it will soon begin lobbying the
European Commission over its green paper called Rome II that would,
if implemented, cover cross-border liability in situations where
there is no contract, for example, defamation and product
liability.
The Rome II Group was set up earlier this year week by the
Federation of European Direct Marketing (FEDMA) and the Advertising
Information Group (AIG). It is opposed to the Commission’s draft
Rome II Regulation, which follows the Brussels Regulation, passed
last year. The Brussels Regulation provides that consumers (but not
other businesses) can sue e-tailers in their home country, instead
of suing where the e-tailer is based.
The draft Rome II law applies the country of destination
principle in non-contractual transactions – i.e. the place
where the act has its effect. So, if a UK-based web site can be
accessed in Germany, the UK e-tailer would be subject to the
non-contractual liability laws of Germany. At present, such
disputes are resolved in the country where the seller is
established.
Advertisers have expressed concern that advertising across
Europe would become “a game of Russian roulette.” The Rome II Group
is calling for a period of public consultation on the draft
regulation.
