REGULATION (EC) No 864/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL<BR/>of 11 July 2007<BR/>on the law applicable to non-contractual obligations (Rome II) | Art. 14 Rome II REG, Art. 15 Rome II REG, Art. 16 Rome II REG, Art. 17 Rome II REG, Art. 18 Rome II REG, Art. 19 Rome II REG

choice of the parties shall not prejudice the application of provisions of the law of that other country which cannot be derogated from by agreement.

3. Where all the elements relevant to the situation at the time when the event giving rise to the damage occurs are located in one or more of the Member States, the parties' choice of the law applicable other than that of a Member State shall not prejudice the application of provisions of Community law, where appropriate as implemented in the Member State of the forum, which cannot be derogated from by agreement.

CHAPTER V. COMMON RULES

Art. 15 Scope of the law applicable The law applicable to non-contractual obligations under this Regulation shall govern in particular:

(a): the basis and extent of liability, including the determination of persons who may be held liable for acts performed by them;
(b): the grounds for exemption from liability, any limitation of liability and any division of liability;
(c): the existence, the nature and the assessment of damage or the remedy claimed;
(d): within the limits of powers conferred on the court by its procedural law, the measures which a court may take to prevent or terminate injury or damage or to ensure the provision of compensation;
(e): the question whether a right to claim damages or a remedy may be transferred, including by inheritance;
(f): persons entitled to compensation for damage sustained personally;
(g): liability for the acts of another person;

(h): the manner in which an obligation may be extinguished and rules of prescription and limitation, including rules relating to the commencement, interruption and suspension of a period of prescription or limitation.

Art. 16 Overriding mandatory provisions Nothing in this Regulation shall restrict the application of the provisions of the law of the forum in a situation where they are mandatory irrespective of the law otherwise applicable to the non-contractual obligation.

Art. 17 Rules of safety and conduct In assessing the conduct of the person claimed to be liable, account shall be taken, as a matter of fact and in so far as is appropriate, of the rules of safety and conduct which were in force at the place and time of the event giving rise to the liability.

Art. 18 Direct action against the insurer of the person liable The person having suffered damage may bring his or her claim directly against the insurer of the person liable to provide compensation if the law applicable to the non-contractual obligation or the law applicable to the insurance contract so provides.

Art. 19 Subrogation Where a person (the creditor) has a non-contractual claim upon another (the debtor), and a third person has a duty to satisfy the creditor, or has in fact satisfied the creditor in discharge of that duty, the law which governs the third person's duty to satisfy the creditor shall determine whether, and the extent to which, the third person is entitled to exercise against the debtor the rights which the creditor had against the debtor under the law governing their relationship.