Which law will apply to a non-contractual obligation arising out of a tort?
The current position is that virtually all member states apply the principle that the applicable law is that of the place where the harmful act was committed. The basic change which Rome II will introduce is that the applicable law for the resolution of non-contractual disputes arising out of a tort should be determined on the basis of where the damage occurs, or is likely to occur. This is regardless of the country or countries in which the event giving rise to the damage occurred, and irrespective of the country or countries where the indirect consequences of that event occur. There are, however, some exceptions: • Where the claimant and defendant have their habitual residence in the same country when the damage occurs, the law of that country will apply. • Where it is clear from all the circumstances of the case that the tort is manifestly more closely connected with the law of another country other than indicated above, the law of that other country will apply. Such a connection mi
