Rome II: MEPs reintroduce rules on defamation

The so-called "Rome II" Regulation aims to facilitate litigations between citizens from different European countries on matters such as traffic accidents, accidents caused by defective products and violation of the environment. As a general rule, the law applicable to a non-contractual obligation arising out of a tort is the law of the country in which the damage occurs, irrespective of the country in which the event giving rise to the damage took place. Road traffic accidents represent the majority of cross-border disputes involving EU citizens.

 

By approving the report by Diana WALLIS (ALDE, UK), MEPs decided that in case of personal injury, for instance caused by a car accident, the court should apply the law of the victim's country when evaluating the scale of the damage. Moreover, the approved amendments say that the court should also apply the principle of 'restitutio in integrum' and therefore include the actual cost of medical after-care in its evaluation. This provision takes into account the fact that citizens are not aware of other countries' legislation. According to Mrs Wallis, in fact, this rule aims "to put the people back in the position they were before the accident."

 

At first reading, MEPs had approved a compromise amendment that regulated the violation of privacy by a printed or audiovisual media. The Council decided to delete this provision from its Common Position. In the vote in plenary, MEPs decided to reintroduce the same rules, as adopted at the first reading. According to the approved text, the law applicable, in case of defamation by media, should be the one of the country to which the publication or broadcasting service is principally directed or, if this is not apparent, the country in which editorial control is exercised.

 

Finally, MEPs approved a general review clause asking the Commission to present a report on the application of the Regulation four years after the entry into force. Non-contractual obligations arising out of family relationships, matrimonial property regimes and succession are excluded from the Regulation's scope.

 

 

Three years and a half after the beginning of the legislative procedure, disagreements between the Council and the Parliament still persist on few but relevant issues. Particularly, Member States do not want the rules on defamation to be included in the Regulation's scope. Therefore, the text is likely to pass through the conciliation procedure, where Member States and MEPs, equally represented, will have to debate further to find a compromise and approve the Regulation. According to Commission Vice-President Franco Frattini, who spoke before the vote, with regards to the approved rules on defamation, "there is no way they will get through" in the Council.