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Rome II
Practical Law UK Glossary 1-501-0376 (Approx. 6 pages)
Glossary
Rome II
The Regulation on the law applicable to non-contractual obligations ((EC) 864/2007) (Rome II) sets out the rules which determine the law that governs non-contractual obligations arising between parties in most civil and commercial matters. It applies in all EU member states except Denmark to events giving rise to damage, where such events occur after 11 January 2009.
Rome II continued to apply to the UK during the UK-EU transition period. At the end of the transition period (at 11.00 pm UK time on 31 December 2020):
- Rome II stopped applying to the UK on a reciprocal basis, except as provided for in part three of the UK-EU withdrawal agreement in respect of events giving rise to damage, where such events occurred before the end of the transition period.
- Rome II was converted into UK law as retained EU law, and was amended by UK legislation.
- The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (UK Exit) Regulations 2019 (SI 2019/834) (Regulations) came into force. The Regulations provide for the continued application of the retained EU law version of Rome II (UK Rome II) as domestic law in all parts of the UK to determine the law applicable to non-contractual obligations and amend UK Rome II. The Regulations were amended by the Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 to amend the definitions, in domestic legislation, of UK Rome II and to clarify whether references to Rome II in domestic law are to Rome II or UK Rome II.
For more information on the implications of Brexit for Rome II, see Practice note, Brexit: implications for civil justice and judicial co-operation.
For further information on Rome II, see Practice note, Governing law: non-contractual obligations.