Rome II Flashcards
B & A
scope of application + exclusions (art 1.2)
- Rome II applies to claims of general duty of care of a corporation
e-Date
exclusions (art 1.2)
- Rome II does NOT apply to privacy and personality rights
Pandya
procedural matters (art 1.3)
- statute of limitations issue
- judge suggested a wide reading of art 15 and narrow reading of art 1.3
- prof disagrees: only look at object and purpose of exclusion for statutory constructions
Jabir et al v. Kik
procedural matters (art 1.3)
- statute of limitations issue
- Pakistani (lex causae) limitation period applied, DESPITE art 1.3 carve-out + no choice of law for German law + DESPITE settlement negotiations
Martins v. Dekra Claims
procedural matters (art 1.3)
- statute of limitations issue
- co-ordinated interpretation of art 9 RI and art 16 RII
- limitation periods foreseen in lex fori (>< art 15: lex causae) MAY be given priority under 2 conditions
1. Unamar test: identification of particularly important reasons in the lex fori’s limitation laws
2. absence of harmonisation in EU secondary law
Lazar v. Allianz
general rule: locus damni (art 4)
- a singular event leads to ONE applicable law
- even if ricochet effect causes damages elsewhere
- authority is limited to singular events
Begum v. Maran
environmental damage (art 7)
- death of husband was too remote from environmental damage
- careful with precedent value: strike-out
Milieudefensie v. Shell
environmental damage (art 7)
- climate activists used shareholder claim (permission was denied)
- Shell: locus damni leads to many applicable laws
- unattractive: claimant will have to collect proof for all these different places and laws
Dyson
unjust enrichment (art 10)
- infringement of human rights
- claimants brought in unjust enrichment
- case has struggled with forum non conveniens: didn’t find a suitable anchor in the EU
