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Part I Introductory Topics, 2 Treaty Base

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, 2015. All Rights Reserved.date: 23 September 2020

Subject(s):
Rome Convention — Applicable law — Scope of the law applicable under the Rome II Regulation — Applicable law to non-contractual obligations — Jurisdiction under the Brussels II Regulation — Jurisdiction under the Lugano Convention — Jurisdiction under the Brussels I Regulation — Overriding mandatory rules — Public policy
2.01 In considering whether the European Community had legislative competence to adopt the Rome II Regulation, it must be acknowledged from the outset that, however strong particular arguments might appear when canvassed on paper, the prospects of the European Court of Justice being persuaded that the Regulation is ultra vires‎ or otherwise unlawful are very small indeed. However unpalatable it may be,1 the institutions of the European Community have long sought to test the limits of their powers, perhaps in the fear that they would otherwise be eroded by the...
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