Article 28
1. This Regulation shall not prejudice the application of international conventions to which one or more Member States are parties at the time when this Regulation is adopted and which lay down conflict-of-law rules relating to non-contractual obligations.
2. However, this Regulation shall, as between Member States, take precedence over conventions concluded exclusively between two or more of them in so far as such conventions concern matters governed by this Regulation.
Agostinho da Silva Martins v Dekra Claims Services Portugal SA
Article 28 of Directive 2009/103/EC, as transposed into national law, is not a provision of EU law laying down a conflict-of-law rule for non-contractual obligations within the meaning of Article 27 of Regulation No 864/2007.