Rome II

Article 2

Non-contractual obligations

1. For the purposes of this Regulation, damage shall cover any consequence arising out of tort/delict, unjust enrichment, negotiorum gestio or culpa in contrahendo.

2. This Regulation shall apply also to non-contractual obligations that are likely to arise.

3. Any reference in this Regulation to:

(a) an event giving rise to damage shall include events giving rise to damage that are likely to occur; and

(b) damage shall include damage that is likely to occur.

Holdings

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.