A national rule under which the court fixes compensation for non-material damage suffered by the close family members of a person killed in a road traffic accident on the basis of fairness cannot be treated as an 'overriding mandatory provision' under Article 16 of Regulation No 864/2007. It can be treated that way only if, where the situation has sufficiently close links with the forum Member State, the court seised finds - after a detailed analysis of the rule's wording, scheme, objectives and context - that compliance with the rule is regarded as crucial in that Member State's legal order because it safeguards an essential public interest that cannot be achieved by applying the law designated by Article 4 of that regulation.

In principle, the law governing a third party's subrogated action against the person who caused the damage - including the limitation rules for that action - is the law of the country where the damage occurs.

A national rule setting a three-year limitation period for actions seeking compensation for damage caused by an accident is not an overriding mandatory provision under Article 16 unless the court hearing the case finds, after a detailed analysis of that rule's wording, general scheme, objectives and adoption context, that it is so important in the national legal order as to justify departing from the law designated under Article 4 of Regulation No 864/2007.

Personal data processing by an undertaking engaged in electronic commerce is governed by the law of the Member State to which that undertaking directs its activities, where the processing is carried out in the context of the activities of an establishment in that Member State. Whether that is so is for the national court to determine.

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.

For deciding the law applicable to a non-contractual obligation arising from a road traffic accident, damage suffered by the close relatives of a person killed in that accident, where those relatives live in another Member State, is an "indirect consequence" of the accident when the accident took place in the Member State of the court seised.