Legal Abroad

Cross-border Litigation: Applicable Law beyond lex loci damni

A ground-breaking order on the issue of applicable law in a case concerning a cross-border road traffic accident was rendered by Trento District Court in February 2019.

The linked paper by lawyers Marco Bona and Giulia Oberto ““Rome II”, Applicable Law and Direct Right of Action under Directive 2009/103/EC: A New Revolutionary Perspective for Cross-Border Road Traffic Accidents?” addresses the issue of applicable law in relation to direct actions granted to the injured party by Directive 2009/103/EC, Article 18, and analyses, through the exposition of both the case and the “Trento reasoning”, a peculiar conclusion about the relations between the Directive and the provisions of Rome II Regulation and its consistency with the EU Court of Justice’s jurisprudence.

Download the full article by Marco Bona and Giulia Oberto.

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