Rome II

Article 1

Scope

1. This Regulation shall apply, in situations involving a conflict of laws, to non-contractual obligations in civil and commercial matters. It shall not apply, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii).

2. The following shall be excluded from the scope of this Regulation:

(a) non-contractual obligations arising out of family relationships and relationships deemed by the law applicable to such relationships to have comparable effects including maintenance obligations;

(b) non-contractual obligations arising out of matrimonial property regimes, property regimes of relationships deemed by the law applicable to such relationships to have comparable effects to marriage, and wills and succession;

(c) non-contractual obligations arising under bills of exchange, cheques and promissory notes and other negotiable instruments to the extent that the obligations under such other negotiable instruments arise out of their negotiable character;

(d) non-contractual obligations arising out of the law of companies and other bodies corporate or unincorporated regarding matters such as the creation, by registration or otherwise, legal capacity, internal organisation or winding-up of companies and other bodies corporate or unincorporated, the personal liability of officers and members as such for the obligations of the company or body and the personal liability of auditors to a company or to its members in the statutory audits of accounting documents;

(e) non-contractual obligations arising out of the relations between the settlors, trustees and beneficiaries of a trust created voluntarily;

(f) non-contractual obligations arising out of nuclear damage;

(g) non-contractual obligations arising out of violations of privacy and rights relating to personality, including defamation.

3. This Regulation shall not apply to evidence and procedure, without prejudice to Articles 21 and 22.

4. For the purposes of this Regulation, 'Member State' shall mean any Member State other than Denmark.

Holdings

C-307/1925 Mar 2021

Obala i lučice d.o.o. v NLB Leasing d.o.o.

1. Article 1(1) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that an action for recovery of a fee relating to a daily parking ticket for a designated parking space situated on the public highway, brought by a company which has been appointed by a local authority to manage such parking spaces, comes within the concept of 'civil and commercial matters' within the meaning of that provision.

C-191/1528 Jul 2016

Verein für Konsumenteninformation v Amazon EU Sàrl

Without prejudice to Article 1(3) of Regulations No 593/2008 and No 864/2007, the law applicable to an action for an injunction within the meaning of Directive 2009/22 against the use of allegedly unfair contractual terms by an undertaking established in one Member State and concluding contracts by electronic commerce with consumers resident in other Member States, including the State of the court seised, is determined under Article 6(1) of Regulation No 864/2007. The law applicable to the assessment of a particular contractual term is always determined under Regulation No 593/2008, whether that assessment is made in an individual action or a collective action.

C-240/149 Sept 2015

Eleonore Prüller-Frey v Norbert Brodnig and Axa Versicherung AG

A damages claim cannot be determined under Article 17 of the Montreal Convention where the injured person was a passenger on an aircraft that took off from and landed in the same Member State and was carried free of charge to view a property in connection with a planned property transaction with the pilot, even though she was physically injured when the aircraft crashed.