Jurisdiction(s):
European Union

Rome II—applicable law for non-contractual obligations: Article 4 general rule (lex loci damni), habitual residence exception and escape clause, with guidance from recitals and Brussels I (recast)

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Practice notes

This Practice Note assists in identifying the governing law for harmful events occurring on or after 11 January 2009. It reviews Regulation (EC) 864/2007 concerning the law governing non-contractual obligations, commonly called Rome II. It addresses the default position in Article 4(1), the shared habitual residence carve-out in Article 4(2), and the displacement mechanism in Article 4(3). Within this Practice Note, the regulation is referred to as Rome II. Throughout, Rome II is the shorthand used for the Regulation in this Note. It is intended for use when a court in an EU Member State is applying Rome II to such non-contractual disputes arising from harmful events. It does not examine how UK courts apply the instrument. For guidance on how Rome II is applied by UK courts, see Practice Note: Rome II—the general rule (UK only). For guidance on:

the interpretative tools relevant to Rome II, see Practice Note: Rome II—scope, exclusions and general provisions, and
other elements of Rome II, see Practice Notes: Rome II—special rules

Interpretation of Article 4

Article 4 of Regulation (EC) 864/2007. In Lazar v Allianz SpA (2015) the Court of Justice confirmed that Rome II must be construed uniformly and autonomously, taking account...

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Web page updated on 21/05/2026

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