Governing law for a direct action of the injured party against wrongdoer’s insurer according to the Rome II regulation


On llth July 2007 European Parliament and Euro- pean Council adopted the Regulation (EC) No 864/2007 on the Law Applicable to Non-contractual Obligations, also known as the Rome II Regulation. The Regulation contains unified choice of law rules for torts, unjust en- richment, negotiorum gestio and culpa in contrahendo. In this article authorfocuses himself on Article 18 ofRo- me II Regulation which provides a special choice oflaw rule j’or direct action against the insurer oftheperson li- able. This rule enables the person having suff’ered dama- ge to bring his (or her) claim directly against insurer of the person liable to provide compensation, if the law ap- plicable to non-contractual obligation or the law appli- cable to the insurance contract so provides.