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Rome II: A True Piece Of Community Law

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Chapter Summary

Since the introduction of Article 65 in the EC Treaty, we are witnessing a profound transformation of conflict of laws, or private international law, for the EU Member States. This chapter focuses on some aspects of this transformation and applies them to the Rome II regulation. Its central thesis is that, not only should Rome II be analysed and commented upon from a conflict of laws perspective, but that it is very important to approach it, maybe even in the first place, as a true piece of Community law. The Rome II regulation's principal rule refers to the law of the country in which the damage occurs, irrespective of the country in which the event giving rise to the damage occurred. The Rome II regulation has taken care to develop a proper conflicts approach resulting in typical choice-of-law rules.

Keywords: Community law; EC Treaty; EU Member States; Rome II regulation



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