Cross-border legal cases of negligence, defamation, damages over
traffic accidents abroad or product liability from cross-border
purchases are among the issues affected by a new Regulation
approved by the European Parliament last week.
The aim of the Regulation is to achieve legal clarity where
there is a conflict of laws between EU Member States in civil and
commercial matters. The Regulation will apply to non-contractual
obligations only.
MEPs adopted their
first reading of the so-called Rome II Regulation on Wednesday. It
is the first time the European Parliament has acted as
co-legislator in the area of private international law.
Among the 54 amendments adopted by MEPs this week to the
European Commission proposal:
- In the case of traffic accidents, MEPs have made the victim’s
place of residence the basis for calculating damages, instead of
the country in which the damage occurred;
- In cases of defamation – or violation of rights relating to the
personality – the European Parliament has clarified which country’s
jurisdiction shall apply when a broadcast or publication reaches
across EU borders.
European Parliament rapporteur Diana Wallis MEP said:
"The success of Rome II will now depend on
good judicial co-operation, proper use and respect for one
another’s laws. The record to date is patchy. Courts too often
avoid the application of foreign law. This has to be closely
monitored if we are to deliver a true area of civil and commercial
justice."
Attention now turns to the Council of Ministers, who must give
their views before the proposal can become law. If the Council does
not accept all the amendments adopted this week, the proposal will
return to the European Parliament for a second reading at a later
date.
