EU PI harmony

The EU Conciliation Committee has agreed the final text of the Rome II Regulation, which harmonises the rules for the law relating to non-contractual obligations in the EU. The new pan-European rules will apply to personal injury cases in the EU, including road traffic accidents, product liability and environmental damage. The principle adopted is that the law applicable to a personal injury claim will be that of the country where the damage occurred, unless there are closer connections with the law of another country or the parties agree on a different law, provided that their choice can be demonstrated with reasonable certainty. The new Regulation will not include defamation because of the objections of national governments. The rejected proposal in respect of defamation cases was that they should be determined by reference to the law of the country where editorial control is exercised. The position is to be reviewed next year.