Part II Non-Contractual Obligations Arising Out of Tort/Delict, 7 Environmental Damage
From: The Rome II Regulation: The Law Applicable to Non-Contractual Obligations
Andrew Dickinson
- Subject(s):
- Applicable law — Exemption from liability — Applicable law to non-contractual obligations — Environmental damage — Scope of the law applicable under the Rome II Regulation — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions — Non-contractual obligations
The law applicable to a non-contractual obligation arising out of environmental damage or damage sustained by persons or property as a result of such damage shall be the law determined pursuant to Article 4(1), unless the person seeking compensation for damage chooses to base his or her claim on the law of the country in which the event giving rise to the damage occurred. 7.01 Art 7 of the Rome II Regulation reflects closely the provision contained in Art 7 of the Commission Proposal. The Commission justified the need for a special provision as follows:1 European...
