Rome II Regulation

The Rome II Regulation (EC) No 864/2007 is an European Union Regulation regarding the conflict of laws on the law applicable to non-contractual obligations. From 11 January 2009, the Rome II Regulation creates a harmonised set of rules within the European Union to govern choice of law in civil and commercial matters (subject to certain exclusions) concerning non-contractual obligations, including specific rules for tort/delict and specific categories of tort/delict, unjust enrichment, negotiorum gestio and culpa in contrahendo. Additionally, in certain circumstances and subject to certain conditions, the parties may choose the law applicable to a non-contractual obligation. Analogous rules were established for contractual obligations by the Rome Convention of 1980. The Rome Convention has, in turn, been replaced by the Rome I Regulation on the law applicable to contractual obligations (Reg. (EC) No. 593/2008). The regulation applies to all EU member states except Denmark.