Homawoo (update): The 'Temporal Scope’ of Rome II

28 September 2011

Homawoo v GMF Assurances (Case C412/10): Further to the oral hearing on 14 July 2011, on 6 September 2011 Advocate General Mengozzi delivered his opinion, which is available on the ECJ’s website at www.curia.europa.eu. He concluded after considering the precise wording of Articles 31 and 32 of Rome II, and the general structure and the objectives of the Regulation, that, ‘[I]t is abundantly clear that regulation must be interpreted as being applicable to events giving rise to damage occurring on or after 11 January 2009’, as the claimant submitted. There is as yet no date for judgment but traditionally the Court tends to follow the Advocate General’s opinion.

James Dingemans QC and Katherine Deal are instructed by Irwin Mitchell on behalf of Mr Homawoo. Pierre Janusz is junior counsel for GMF instructed by Pierre Thomas & Partners.

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