The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019

Amendment of the Rome II Regulation U.K.

11.—(1) Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) is amended as follows.

(2) In Article 1(4) (scope), for “ ‘Member State’ shall mean”, substitute “ “relevant state” means the United Kingdom or ”.

(3) In Article 3 (universal application), for “a Member State”, substitute “ the United Kingdom or a part of the United Kingdom ”.

(4) In Article 6(3)(b) (unfair competition and acts restricting free competition: claimant may choose court seised under certain circumstances)—

(a) for “the court of the domicile of the defendant” substitute “ a court in a part of the United Kingdom ”;

(b) for “that Member State”, substitute “ the United Kingdom ”;

(c) for “Member State of that court”, substitute “ United Kingdom ”.

[F1 (5) In Article 8 (infringement of intellectual property rights), omit paragraph 2.]

(6) In Article 14(3) (parties' choice of applicable law shall not prejudice application of Community law under certain circumstances)—

(a) for “the Member States” substitute “ relevant states ”;

(b) for “Member State”, in the first place it appears, substitute “ relevant state ”;

(c) for “provisions of Community law, where appropriate as implemented in the Member State of the forum,”, substitute “ retained EU law ”.

(7) Omit Article 25(2) (Member States containing territorial units with different rules of law not required to apply the Regulation).

(8) In Article 27 (relationship with other provisions of Community law), and in the heading to that Article, for “Community law”, substitute “ retained EU law ”.

(9) In Article 28 (relationship with existing international conventions)—

(a) in paragraph 1—

(i) for “one or more Member States are parties”, substitute “ the United Kingdom was a party ”;

(ii) for “is adopted” substitute “ was adopted ”;

(b) in paragraph 2, for “Member States” substitute “ relevant states ”.

(10) Omit Articles 29 and 30 (list of conventions and review clause).

[F2 (11) For Article 31 (application in time) substitute—

“Article 31 U.K.

Application in time

1.   Subject to paragraph 2, this Regulation shall apply to events giving rise to damage which occur on or after IP completion day.

2.   In the case of conflicts between the laws of—

(a) different parts of the United Kingdom, or

(b) one or more parts of the United Kingdom and Gibraltar,

this Regulation shall apply to events giving rise to damage which occur on or after 11 January 2009.”.]

(12) Omit from Article 32 (date of application) to the end.

Textual Amendments

F1 Reg. 11(5) substituted (17.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 6(13)(a)

F2 Reg. 11(11) substituted (17.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 6(13)(b)

Commencement Information

I1 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1