Lex.

Rome II

Article 14

Freedom of choice

1. The parties may agree to submit non-contractual obligations to the law of their choice:

(a) by an agreement entered into after the event giving rise to the damage occurred;

or

(b) where all the parties are pursuing a commercial activity, also by an agreement freely negotiated before the event giving rise to the damage occurred.

The choice shall be expressed or demonstrated with reasonable certainty by the circumstances of the case and shall not prejudice the rights of third parties.

2. Where all the elements relevant to the situation at the time when the event giving rise to the damage occurs are located in a country other than the country whose law has been chosen, the choice of the parties shall not prejudice the application of provisions of the law of that other country which cannot be derogated from by agreement.

3. Where all the elements relevant to the situation at the time when the event giving rise to the damage occurs are located in one or more of the Member States, the parties' choice of the law applicable other than that of a Member State shall not prejudice the application of provisions of Community law, where appropriate as implemented in the Member State of the forum, which cannot be derogated from by agreement.

Holdings

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C-359/1421 Jan 2016

"ERGO Insurance" SE v "If P&C Insurance" AS and "Gjensidige Baltic" AAS v "PZU Lietuva" UAB DK

Article 14(b) of Directive 2009/103 does not lay down a conflict-of-law rule for an action for indemnity between insurers in circumstances like those at issue in the main proceedings. Where the rules of liability in tort, delict and quasi-delict applicable to the accident under Article 4 et seq. of Regulation No 864/2007 apportion the obligation to compensate for the damage, the law applicable to an action for indemnity by the insurer of a tractor unit, after it has compensated the victims of an accident caused by that vehicle's driver, against the insurer of the trailer coupled to it at the time of the accident is determined under Article 7 of Regulation No 593/2008.