The temporal scope of Rome II has come under further scrutiny with Advocate General Mengozzi
giving his recommendation to the European Court of Justice earlier this month. His advice is that the court should refrain from applying the Rome II Regulation to those cases where the event giving rise to the damage occurred after 29 August 2007. He suggests it is 'abundantly clear' that the Regulation should instead only apply to events giving rise to damage on, or after, 11 January 2009.
Whilst this concurs with our interpretation it is important to note that this does not represent a ruling by the ECJ, although the guidance could well be significant.
A further, more detailed, article will follow once the official ruling is handed down by the court.