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Part II Non-Contractual Obligations Arising Out of Tort/Delict, 9 Industrial Action

From: The Rome II Regulation: The Law Applicable to Non-Contractual Obligations

Andrew Dickinson

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 September 2023

Rome I Regulation and choice of law — Applicable law — Types of damages — Exclusion or limit of liability — Applicable law to non-contractual obligations — Industrial action — Scope of the law applicable under the Rome II Regulation — Non-contractual obligations
Without prejudice to Article 4(2), the law applicable to a non-contractual obligation in respect of the liability of a person in the capacity of a worker or an employer or the organisations representing their professional interests for damages caused by an industrial action, pending or carried out, shall be the law of the country where the action is to be, or has been, taken. 9.01 The Commission Proposal and the accompanying explanatory memorandum did not contain any provision for, or mention of, non-contractual obligations relating to industrial action. The...
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