Regulation Rome II
Hague Convention on law applicable to contractual obligations of 1971
Traffic accidents
In April 2013 the driver habitually resident in France attempted to overtake a van on a German motorway. The manoeuvre, which was contrary to traffic rules, forced a car going in the other direction, carrying two brothers who also had their habitual residence in France to do an emergency stop. The brothers’ car skidded and crashed into the lorry causing the death of one of the brothers and the serious injury of the other. In this case two cars were registered in France whereas the lorry was registered in Belgium.
The competent court will then decide which law applies, based on the rules of private international law.
Although Council Regulation 64/2007 (“Rome II”) applies within Europe, it does not mean that all countries in Europe apply that regulation to traffic accidents.
France unlike Germany is a contracting State to the Hague Traffic Accident Convention. This convention supersedes Rome II, and what’s more, courts apply this convention even if the applicable law is not that of a Contracting State.
1. Determine the provisions (a legal act) under which the father of the deceased and the injured brother killed in Germany) may start proceedings against the French motor liability insurer. He may start proceedings either in France (the place of business of the insurers) or Germany (where the accident took place).
2. Please determine which law will be applicable if the father turns to the French court.
3. Please determine which law will be applicable if the father turns to the German court.
4. Would both courts designate the same applicable law?
Note that the compensation of the victims’ families for non-pecuniary loss (compensation for pain and suffering) differs greatly between German and French rules. France has more favourable rules.
