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Rome II

Judicial cooperation on civil and commercial matters cross-border disputes and non-contractual obligations.

The draft Regulation on the law applicable to non-contractual obligations (Rome II), which was first published in 2003 by the Commission focuses on the question of civil liability for damage caused to others. There has been one issue particularly problematic for publishers during the whole discussion and that is, which law should apply to a non-contractual obligation arising out of a violation of privacy or rights relating to the personality. The Commission’s first proposal was unacceptable for publishers since it proposed the law of the forum (consumers), which especially in the case of Internet publications (where the whole world has access to publications) would mean a real danger of forum shopping. In July 2005, the Parliament voted the report of MEP Wallis in first reading and accepted the arguments of the publishers taking the view that the country in which the most significant element or elements of the damage occur or are likely to occur should be deemed to be the country to which the publication or broadcasting service is principally directed, or if this is not apparent, the country in which editorial control is exercised, and that country's law should be applicable. When presenting its modified proposal in February 2006, the Commission excluded the whole defamation issue from the scope of the Directive.

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