Original scientific paper
Tort Conflicts and Unfair Competition in Rome II Regulation
Vilim Bouček
; Faculty of Law, University of Zagreb, Croatia
Abstract
The article discusses Art. 6 par. 1 and 2 of the Rome II Regulation which contains specific provisions on tort conflicts for acts of unfair competition that are unified in practice by Rome II Regulation starting from 11 January 2009. In order to determine the applicable law for the private law consequences of breach of provision on unfair competition, Article 6 of the Rome II Regulations determines the application of connecting factor locus laesionis which in concreto refers to application of law of the market country (lex mercati) (arg. ex.. p. 21 sent. 1 of the Preamble to the Rome II Regulation).
In a different situation, when there is a bilateral breach of competition between two market competitors (Art. 6 par. 2 Rome II Regulation), there is a posibility to apply lex loci communis, lex loci damni or lex connexitatis.
Within torts conflicts which refer to unfair competition, the party autonomy is excluded (Art. 6 par. 4 Rome II Regulation).
It is to be expected that Art. 6 par. 1 and 2 of the Rome II Regulation, being a provision of secondary Eurpean law, will help the afirmation of private law aspects of competition law through case law of national courts.
Keywords
tort conflicts; unfair competition; Regulation Rome II
Hrčak ID:
93092
URI
Publication date:
3.5.2012.
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