European commentaries on private international law, ECPIL : commentary. Volume III, Rome II Regulation : 2019

Together with its sister, the Rome I Regulation, the Rome II Regulation, is the core ofEuropean private international law. To emphasise its imminence would be tantamount tocarrying owls to Athens. It has found its place in the hearts and minds of practitioners andacademics alike all over Europe. Its inception marked the start of EU legislation on conflictof laws. It premiered and pioneered since it was the first codificatory project of the EU in thefield of PIL to see the light.The effort of completing a truly pan-European commentary mirrors the pan-Europeannature of its fascinating object. This commentary for the first time assembles a team of veryprominent and renowned authors from total Europe. The authors’ geographical proveni-ence stretches from the Netherlands to the Czech Republic and Poland, and from Italy,Spain and Portugal to Sweden. The time has been definitely ripe to start such a venturealready for quite a while.This commentary is the first full scale article-by-article commentary on the Rome II Regu-lation in English by a pan-European team, to address. It is truly European in nature andstyle. It provides thorough and succinct in-depth analysis of every single Article and offersmost valuable guidance for lawyers, judges and academics throughout Europe. It is anindispensable working tool for all practitioners involved in this field of law.Everyone who has ever undertaken the venture to edit a multi-author work only too wellknows about the absolute necessity of competent assistance. The editors thus are absolutelygrateful and cannot remotely express the thanks and accolades due to our backing team atHamburg in a proper fashion. Without them it would have been virtually impossible tocomplete this commentary. Naemi Czempiel and Helen Loose with sheer and utter inde-fatigability undertook the burdensome task of compiling the index and the Table of Cases ofdecisions by the ECJ and the CJEU. The list of Abbreviations was prepared by ProfessorMankowski. Secretarial support was rendered by Primrose Holders. Very special thanks aredue to the division of Otto Schmidt that formerly was Sellier European Law Publishers, inperson Andreas Pittrich and Anna Rosch. Apart from being incredibly patient and well-minded they kept the faith in this project (what was not the easiest task at times).

Today car crashes, holiday accidents, damage through defective products and other tort situations, that occur in Europe, not infrequently involve a foreign element. It is then always of crucial importance which law applies. For the first time the EU has unified the private international law rules for extra-contractual relations in the Rome II Regulation. The instrument is in force in all EU Member States (with the only exception of Denmark) since 2009. Meanwhile the European Court of Justice and national courts have rendered a considerable number of decisions concerning central provisions of the Regulation. The time is therefore ripe for a truly pan-European Commentary on the Rome II Regulation which can give guidance in its interpretation. The Commentary takes full account of the European nature of this instrument. This is also reflected by the team of contributors that originates from all over Europe assembling first experts in their countries. As the other works of the European Commentaries on Private International Law series this book provides a thorough article-by-article analysis which intensely uses the case law and doctrine and suggests clear and practical solutions for disputed issues. The editors are Ulrich Magnus and Peter Mankowski who have already edited pan-European Commentaries on the Brussel I Regulation, the Brussels Ibis Regulation, the Rome I Regulation and the Brussels IIbis Regulation.

This new series will comment on the Brussels I Regulation and the Brussels IIbis Regulation and as soon as they are enacted on the Rome I and the Rome II Regulation. For the first time this will be done by a team of leading experts from almost all EU member states. The close cooperation among them will initiate a new specific European style of commenting on European enactments merging the various and thus far nationwide differing methods of Interpretation of legislative acts. It goes without saying that the new commentaries will pay particular tribute to the practice of the European Court of Justice but to relevant judgments of national courts as well. Moreover, the needs of practitioners and the requirements of the practice will receive particular attention. The series is intended to be continued by further volumes on existing and future European enactments in the field of private and procedural law. OIP.ZCQQ251ezndhQiH3iEv6cwAAAA [9783504384821 - Rome II Regulation - Commentary] Rome II Regulation - Commentary Preface List of Authors Table of Contents List of Principal Works Additional Bibliography Official Reports List of Abbreviations 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) Introduction Chapter I: Scope Chapter II: Torts/Delicts Chapter III: Unjust Enrichment, Negotiorum Gestio and Culpa in Contrahendo Chapter IV: Freedom of Choice Chapter V: Common Rules Chapter VI: Other Provisions Chapter VII: Final Provisions Index