Lloyd's Maritime and Commercial Law Quarterly

International Maritime Law

Simon Baughen *


176. Regulation (EC) 1419/2006 repealing Regulation (EEC) 4056/86 laying down detailed rules for the application of arts 85 and 86 to maritime transport, and amending Regulation (EC) 1/2003 as regards the extension of its scope to include cabotage and international tramp services [2006] OJ L269/1.

As from 18 October 2008 the block exemption for liner shipping conferences created under Regulation 4058/86 has ceased to apply. Thereafter liner carriers operating services to and/or from one or more ports in the European Union/European Economic Area must cease all liner conference activity contrary to EC Treaty, art 81 or the EEA Agreement, art 53. This Regulation has also removed the exclusion of cabotage and tramp vessel services in Regulation (EC) 1/2003.

177. Regulation (EC) 864/2007 on the law applicable to non-contractual obligations (Rome II) [2007] OJ L199/40

(1) Tort proceedings commenced after 11 January 2009, where the events giving rise to damage occurred after 19 August 2007, now fall under Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II). Article 3 provides for the universal application of any law specified by the Regulation, whether or not it is the law of a Member State.1
(2) (a) Chapter II deals with torts and delicts, with the general rule being set out in art 4(1), as follows: “Unless otherwise provided for in this Regulation, the law applicable to a non-contractual obligation arising out of a tort/delict shall be the law of the country in which the damage occurs irrespective of the country in which the event giving rise to the damage occurred and irrespective of the country or countries in which the indirect consequences of that event occur”.
(b) Where the claimant and the defendant both have their habitual residence in the same country at the time the damage occurs, art 4(2) then applies the law of that country.



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