The ECJ has recently determined the date from which Regulation
(EC) No 864/2007 ("Rome II") actually applies to
non-contractual disputes.
The question was referred to the ECJ by the High
Court in the case of Homawoo v GMF Assurance SA and others to
determine whether Rome II applies to a case in which a British man
was hit by a car in France in 2007. Please see our previous
Law-Now for more information on this case.
The ECJ followed the Advocate General's Opinion and
determined that Rome II must be read in conjunction with Article
297 of the Treaty on the Functioning of the European Union
("TFEU") and applies to events giving rise to damage
occurring after 11 January 2009.
Therefore, when assessing a claimant's entitlement to
damages, the law of the country where the event took place will
apply to accidents occurring after 11 January 2009. If the accident
has occurred before 11 January 2009, English individuals will be
entitled to damages under English law even
