# Regulation on the law applicable to non-contractual obligations – Regulation (EC) No 864/2007 URL: https://consilena.com/coverage/laws/stat_eu_32007r0864 - Jurisdiction: European Union - Type: Regulation - Short name: Rome II - Identifier: 32007R0864 - Provisions: 32 - Official text: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32007R0864 - Licence: [Commission Decision 2011/833/EU](https://eur-lex.europa.eu/eli/dec/2011/833/oj) - Attribution: Source: EUR-Lex, © European Union, https://eur-lex.europa.eu. Reuse authorised under Commission Decision 2011/833/EU; only the Official Journal text is authentic. > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions ### Chapter I – Scope - **Art. 1 Scope**: — Art. 1 Rome II — Scope 1. This Regulation shall apply, in situations involving a conflict of laws, to non-contractual obligations in civil and commercial… - **Art. 2 Non-contractual obligations**: 1. For the purposes of this Regulation, damage shall cover any consequence arising out of tort/delict, unjust enrichment, negotiorum gestio or culpa in… - **Art. 3 Universal application**: Any law specified by this Regulation shall be applied whether or not it is the law of a Member State. ### Chapter II – Torts/delicts - **Art. 4 General rule**: 1. Unless otherwise provided for in this Regulation, the law applicable to a non-contractual obligation arising out of a tort/delict shall be the law of the… - **Art. 5 Product liability**: 1. Without prejudice to Article 4(2), the law applicable to a non-contractual obligation arising out of damage caused by a product shall be: (a) the law of the… - **Art. 6 Unfair competition and acts restricting free competition**: 1. The law applicable to a non-contractual obligation arising out of an act of unfair competition shall be the law of the country where competitive relations… - **Art. 7 Environmental damage**: The law applicable to a non-contractual obligation arising out of environmental damage or damage sustained by persons or property as a result of such damage… - **Art. 8 Infringement of intellectual property rights**: 1. The law applicable to a non-contractual obligation arising from an infringement of an intellectual property right shall be the law of the country for which… - **Art. 9 Industrial action**: Without prejudice to Article 4(2), the law applicable to a non-contractual obligation in respect of the liability of a person in the capacity of a worker or an… ### Chapter III – Unjust enrichment, negotiorum gestio and culpa in contrahendo - **Art. 10 Unjust enrichment**: 1. If a non-contractual obligation arising out of unjust enrichment, including payment of amounts wrongly received, concerns a relationship existing between… - **Art. 11 Negotiorum gestio**: 1. If a non-contractual obligation arising out of an act performed without due authority in connection with the affairs of another person concerns a… - **Art. 12 Culpa in contrahendo**: 1. The law applicable to a non-contractual obligation arising out of dealings prior to the conclusion of a contract, regardless of whether the contract was… - **Art. 13 Applicability of Article 8**: For the purposes of this Chapter, Article 8 shall apply to non-contractual obligations arising from an infringement of an intellectual property right. ### Chapter IV – Freedom of choice - **Art. 14 Freedom of choice**: — Art. 14 Rome II — Freedom of choice 1. The parties may agree to submit non-contractual obligations to the law of their choice: (a) by an agreement entered… ### Chapter V – Common rules - **Art. 15 Scope of the law applicable**: The law applicable to non-contractual obligations under this Regulation shall govern in particular: (a) the basis and extent of liability, including the… - **Art. 16 Overriding mandatory provisions**: Nothing in this Regulation shall restrict the application of the provisions of the law of the forum in a situation where they are mandatory irrespective of the… - **Art. 17 Rules of safety and conduct**: In assessing the conduct of the person claimed to be liable, account shall be taken, as a matter of fact and in so far as is appropriate, of the rules of… - **Art. 18 Direct action against the insurer of the person liable**: The person having suffered damage may bring his or her claim directly against the insurer of the person liable to provide compensation if the law applicable to… - **Art. 19 Subrogation**: Where a person (the creditor) has a non-contractual claim upon another (the debtor), and a third person has a duty to satisfy the creditor, or has in fact… - **Art. 20 Multiple liability**: If a creditor has a claim against several debtors who are liable for the same claim, and one of the debtors has already satisfied the claim in whole or in… - **Art. 21 Formal validity**: A unilateral act intended to have legal effect and relating to a non-contractual obligation shall be formally valid if it satisfies the formal requirements of… - **Art. 22 Burden of proof**: 1. The law governing a non-contractual obligation under this Regulation shall apply to the extent that, in matters of non-contractual obligations, it contains… ### Chapter VI – Other provisions - **Art. 23 Habitual residence**: 1. For the purposes of this Regulation, the habitual residence of companies and other bodies, corporate or unincorporated, shall be the place of central… - **Art. 24 Exclusion of renvoi**: The application of the law of any country specified by this Regulation means the application of the rules of law in force in that country other than its rules… - **Art. 25 States with more than one legal system**: 1. Where a State comprises several territorial units, each of which has its own rules of law in respect of non-contractual obligations, each territorial unit… - **Art. 26 Public policy of the forum**: The application of a provision of the law of any country specified by this Regulation may be refused only if such application is manifestly incompatible with… - **Art. 27 Relationship with other provisions of Community law**: This Regulation shall not prejudice the application of provisions of Community law which, in relation to particular matters, lay down conflict-of-law rules… - **Art. 28 Relationship with existing international conventions**: 1. This Regulation shall not prejudice the application of international conventions to which one or more Member States are parties at the time when this… ### Chapter VII – Final provisions - **Art. 29 List of conventions**: 1. By 11 July 2008, Member States shall notify the Commission of the conventions referred to in Article 28(1). After that date, Member States shall notify the… - **Art. 30 Review clause**: 1. Not later than 20 August 2011, the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report… - **Art. 31 Application in time**: This Regulation shall apply to events giving rise to damage which occur after its entry into force. - **Art. 32 Date of application**: This Regulation shall apply from 11 January 2009, except for Article 29, which shall apply from 11 July 2008. Commission Statement on the review clause… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/stat_eu_32007r0864. Index of every page: https://consilena.com/llms.txt.