Study on the Rome II Regulation (EC) 864/2007 on the law applicable to non-contractual obligations
In reply to the EU Commission's Request for service number JUST/2019/JCOO/FW/CIVI/0167, the British Institute of International and Comparative Law (BIICL) in consortium with Civic Consulting carried out a Study to support the preparation of a report on the application of Regulation (EC) No. 864/2007 on the law applicable to non-contractual obligations ("Rome II Regulation"), hereafter, the "Study".
The Study conducts a legal analysis and assessment of the practical experiences and problems of interpretation in the application of the Rome II Regulation for the period 2010-2020.
The Study consists of four main parts:
A legal study presenting desk research and national reports covering the 26 Member States and the UK (which was an EU Member State applying the Rome II Regulation during the relevant period covered by this Study).
An empirical study, consisting of empirical findings per country which are based on qualitative interviews with selected experts on the Rome II Regulation and on an online survey which was distributed amongst stakeholders with relevant experience.
A comparative table summarising the legal issues identified across all Member States.
A synthesis report summarising the legal and empirical findings across all Member States.
The Study on the Rome II Regulation (EC) 864/2007 on the law applicable to non-contractual obligations, was conducted by Prof. Eva Lein, Dr. Sara Migliorini and Constance Bonzé, and published in October 2021