Rome II

Article 7

Environmental damage

The law applicable to a non-contractual obligation arising out of environmental damage or damage sustained by persons or property as a result of such damage shall be the law determined pursuant to Article 4(1), unless the person seeking compensation for damage chooses to base his or her claim on the law of the country in which the event giving rise to the damage occurred.

Holdings

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C-498/2010 Mar 2022

ZK v BMA Braunschweigische Maschinenbauanstalt AG

Under Article 7(2), the court for the place where a company is established has jurisdiction over a collective action for damages in tort, delict or quasi-delict where that company's debts became irrecoverable because its grandparent company breached a duty of care towards that company's creditors, and the action is brought by the liquidator in the company's bankruptcy, under a statutory duty to wind up the estate, for the benefit of - but not on behalf of - the general body of creditors.

C-307/1925 Mar 2021

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

3. Article 7(1) of Regulation No 1215/2012 must be interpreted as meaning, first, that an action for the recovery of a fee arising from a contract for parking in one of the defined parking spaces situated on the public highway which are organised and managed by a company appointed for that purpose comes within the scope of 'matters relating to a contract' within the meaning of that provision and, second, that that contract constitutes a contract for the provision of services within the meaning of the second indent of Article 7(1)(b) of that regulation.

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.