Choice of law for tort claims

Peter Stone

Chapter 12 in Research Handbook on EU Private International Law, 2026, pp 251-274 from Edward Elgar Publishing

Abstract: This chapter analyses the European Union's framework for determining the applicable law in tort claims under the Rome II Regulation (Regulation 864/2007). It focuses primarily on Article 4, which establishes a structured approach to identifying the proper law of a tort through the law of the place of damage, the common habitual residence of the parties, and the “manifestly closer connection” exception. The discussion extends to Article 5 on product liability, exploring its cascade of connecting factors and the interpretive challenges surrounding concepts such as “habitual residence”, “marketing” and “acquisition”.

Keywords: Rome II Regulation; Article 4; Common Manifestly Closer Connection; Common Habitual Residence; Product Liability; The Law of the Place of Direct Injury (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035318681
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