The ECJ has recently determined the date from which Regulation (EC) No 864/2007 (“Rome II”) actually applies to non-contractual disputes. 

The question was referred to the ECJ by the High Court in the case of Homawoo v GMF Assurance SA and others to determine whether Rome II applies to a case in which a British man was hit by a car in France in 2007. Please see our previous Law-Now for more information on this case.

The ECJ followed the Advocate General's Opinion and determined that Rome II must be read in conjunction with Article 297 of the Treaty on the Functioning of the European Union (“TFEU”) and applies to events giving rise to damage occurring after 11 January 2009.

Therefore, when assessing a claimant's entitlement to damages, the law of the country where the event took place will apply to accidents occurring after 11 January 2009.  If the accident has occurred before 11 January 2009, English individuals will be entitled to damages under English law even if the accident happened in another EU country.