The Impact of the Rome II Regulation on Product Liability Claims: An Analysis of Case Law from European Jurisdictions (Published)
The Rome II Regulation is a legal framework that pertains to the determination of the applicable law in cases involving non-contractual obligations, which encompasses claims related to product liability. This article undertakes an analysis of the effects of the Rome II Regulation on claims related to product liability within various jurisdictions across Europe. This article critically assesses the impact of the Rome II Regulation on the resolution and litigation patterns of product liability claims by analysing case law from multiple jurisdictions. The article delves into the matters pertaining to jurisdiction, choice of law, and damages, while also scrutinising any challenges or controversies that have emerged in the implementation of the Rome II Regulation in product liability cases. The analysis demonstrates that the Rome II Regulation has effectively enhanced the level of certainty and predictability in the determination of the applicable law for product liability claims. However, it has also presented certain difficulties, including the intricate nature of the choice of law rules and the potential for engaging in forum shopping. The article presents potential strategies to address these difficulties and ultimately asserts that the Rome II Regulation has generally yielded favourable outcomes in the settlement of product liability disputes within European jurisdictions.