Part III Other Non-Contractual Obligations, 11 Negotiorum Gestio
From: The Rome II Regulation: The Law Applicable to Non-Contractual Obligations: Updating Supplement
- Applicable law — Rome Convention — Negotiorum Gestio — Scope of the law applicable under the Rome II Regulation
11.06 (n 36) Add In the Member States party to the Hague Agency Convention (France, Netherlands, Portugal), the provisions of that convention may apply to claims between an agent and contractual counterparty (12.10A below). 11.12 Add at end In its later decision in the same case, the ECJ reserved judgment as to whether the Court of First Instance had correctly classified the legal nature of actions based on negotiorum gestio.45A It rejected the claimant’s claim on the ground that (a) the claimant’s was not benevolent, having been performed in the belief that it...